CONTENTS
- 1. The Circumstances of the Case Handled by the Jeju Sexual Offense Attorney
- - The Client's Account, as Heard by the Jeju Sexual Offense Attorney
- 2. Case-Related Information From the Jeju Sexual Offense Attorney
- - The Issues in the Case, as Identified by the Jeju Sexual Offense Attorney
- 3. The Jeju Sexual Offense Attorney's Assistance
- - The Jeju Sexual Offense Attorney's Defense ① No Violence or Intimidation
- - The Jeju Sexual Offense Attorney's Defense ② No Intent
- 4. The Result of the Jeju Sexual Offense Attorney's Assistance
1. The Circumstances of the Case Handled by the Jeju Sexual Offense Attorney
The client was facing punishment after being accused, by a person he met while traveling, of an indecent act by compulsion.
To avoid a custodial sentence if at all possible, the client came to the Jeju branch office.
The Client's Account, as Heard by the Jeju Sexual Offense Attorney
While traveling, the client happened to meet some people and ended up accompanying them, and at the end of the day they shared a meal and drinks together.
As they drank and shared candid conversation, the client felt that he and one of his companions were mutually attracted and made physical contact, but the companion indicated her refusal to the client.
However, the intoxicated client continued to attempt physical contact, and the companion reported the client to the police for an indecent act by compulsion.
After his case was referred to the prosecutors' office, the client, facing the risk of criminal punishment, came to the Jeju branch office to defend against punishment as much as possible.
2. Case-Related Information From the Jeju Sexual Offense Attorney
An indecent act by compulsion is a type of sexual offense, also commonly referred to as sexual molestation.
An indecent act by compulsion is committed when a person commits an indecent act on another through violence or intimidation, so it is similar to, yet different from, rape, which is commonly referred to as sexual assault, and therefore calls for caution.
While rape requires an act of forcible sexual intercourse to be committed, an indecent act by compulsion may be committed even without direct physical contact, so there is a difference in how the offenses are established.
The Issues in the Case, as Identified by the Jeju Sexual Offense Attorney
In the client's case, because he attempted physical contact with the victim by exercising force, the charge amounts to an indecent act by compulsion.
Caution is needed because recent precedent recognizes as a crime not only an indecent act committed while the victim is unable to resist due to force, but also a ‘surprise indecent act,’ in which the act of assault itself is treated as the indecent act.
The issues in an indecent act by compulsion include the victim's sense of sexual humiliation, whether there was compulsion, and whether there was violence or intimidation, so a comprehensive assessment of these must come first.
If you are subject to a police investigation for an indecent act by compulsion in this way, rather than simply denying the charge outright, consulting an attorney can be helpful in clearly assessing matters such as intent and whether an indecent act was committed.
The statutory provisions related to an indecent act by compulsion are as follows.
A person who commits an indecent act on another through violence or intimidation shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding fifteen million won.
3. The Jeju Sexual Offense Attorney's Assistance
The attorney conducted a careful consultation with the client, identified the circumstances of the case, carried out a legal review tailored to it, and mounted the following defense.
The Jeju Sexual Offense Attorney's Defense ① No Violence or Intimidation
The client attempted physical contact while talking with the victim over drinks, but in the course of doing so there was no threatening violence or intimidation whatsoever.
This was a point the victim also acknowledged in her statement to the police.
The attorney emphasized that the client did not commit an indecent act by exercising coercive force.
The Jeju Sexual Offense Attorney's Defense ② No Intent
The client had no intention of committing an indecent act by compulsion against the victim, and even if an indecent act by compulsion were found, the act arose from a misunderstanding that the two were mutually attracted, rather than from an intent to commit an indecent act.
The attorney emphasized that the client had no intent to commit a criminal act.
4. The Result of the Jeju Sexual Offense Attorney's Assistance
Accepting the attorney's arguments, the prosecutors' office recognized that there were grounds for mitigation in the client's alleged facts and issued a non-prosecution decision.
In this way, if you are subject to a police investigation for an indecent act by compulsion or face the risk of criminal punishment, it is important to assess the case comprehensively and respond appropriately rather than simply denying the charge.
In the case of an indecent act by compulsion, it is important to carefully identify the factors that affect the establishment of the offense and the sentencing, and to prepare a response strategy.
Accordingly, whether the charge is admitted, whether remorse is shown, whether a settlement with the victim is reached, the degree of harm, and the intent behind the offense all have a combined effect on sentencing, so appropriate legal judgment is needed on these points.
At Daeryun Law Firm, when a person is involved in a sexual offense, a task force composed of multiple sexual offense attorneys is formed in an effort to prepare an optimal strategy.
If you are troubled by a similar matter, please obtain assistance promptly through an 🔗attorney referral.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
