CONTENTS
- 1. Suwon sexual harassment lawyer | incident background
- - Suwon sexual harassment lawyer organizes case timeline
- - Suwon sexual harassment lawyer, comparison of client vs. victim positions
- 2. Suwon sexual harassment lawyer | incident analysis
- - Issues identified by a Suwon sexual harassment lawyer
- - Suwon sexual harassment lawyer comes forward to review relevant legal principles
- 3. Suwon sexual harassment lawyer | Assistance content
- 4. Suwon sexual harassment lawyer | Allegations of forcibly molesting a classmate were not sent to the court.
1. Suwon sexual harassment lawyer | incident background
Suwon Sexual Harassment Lawyer's client was a student attending a high school in Suwon and was in a relationship with a classmate (the victim) with whom he was a close friend, exchanging pranks on campus.
But one day, the victim reported the client as forcible harassment, saying he touched her private parts.
The client claimed that it was a joke and that his classmates responded with laughter, but the victim strongly claimed that this was unwanted contact and forced harassment.
The client, who was in trouble, came to Suwon Lawyer.Request for evidence investigation and legal assistanceYou did it.
Suwon sexual harassment lawyer organizes case timeline
Suwon sexual harassment lawyer this time 🔗Violation of Juvenile Sex Protection ActWe organized the timeline of the incident and summarized the background that led to the incident.
The victim began an obscene conversation with the client via DM. ↓ The client had lewd conversations with the victim and sent photos of each other’s bodies with the victim’s consent. ↓ After school, the client met the victim and attempted to have an obscene conversation. ↓ The victim did not show any signs of dislike, but rather actively continued the conversation. ↓ The victim first agreed to allow the client to touch her breasts and continued the sexual act. ↓ After that, we met about 5 times in total and continued touching each other's body parts. ↓ Victim's sudden report of school violence and filing complaint ↓ The client was criminally booked on charges of forcible harassment and requested assistance from a Suwon lawyer. |
Suwon sexual harassment lawyer, comparison of client vs. victim positions
client claim | victim claim |
Accidental physical contact while playing around like normal friends | It was unwanted physical contact and clear sexual harassment. |
The victim did not react in any way, such as laughing, so it was recognized as a joke. | I was embarrassed, but I couldn't respond immediately and felt uncomfortable. |
There was absolutely no sexual intent and no intent to molest. | It was judged that there was an intention to cause sexual shame. |
Have regular conversations with victims even after the incident | Even after the incident, I couldn't show it, but my feelings of discomfort persisted. |
The victim's statement was changed several times.And the statement about the situation at the time was ambiguous. | The victim continues to complain of uncomfortable feelings. |
2. Suwon sexual harassment lawyer | incident analysis
Suwon Sexual Harassment Attorney identified the issues in this case and looked at the related legal principles.
In particular, the victim's statement began during the school violence investigation 🔗police investigationKnowing that the process was being overturned several times, we wanted to make a strong case against the possibility that the client was innocent.
Issues identified by a Suwon sexual harassment lawyer
Suwon Lawyer identified the following issues:
issue | detail |
Was the contact forced? | The victim allowed contact first and then voluntarily met and continued physical contact. There was no compulsion at this time. |
Consistency and credibility of the victim's statement | The statement was overturned several times and was inconsistent from the school violence investigation to the police investigation. The explanation of the situation that day was also vague. |
Possibility of false accusation | The victim first attempted to engage in lewd conversation and induced physical contact. Afterwards, false accusation was suspected due to the sudden filing of a complaint. |
The incident involved the victim’s 🔗False report of school violenceIt was judged as 🔗Evidence of school violenceAfter collecting information, it was necessary to assert the client's innocence.
Suwon sexual harassment lawyer comes forward to review relevant legal principles
Even if it is the same minor 🔗Sexual harassment of minorsIf you do so, you will be subject to the following punishment:
item | detail |
Applicable Terms | Children and Youth Protection Act(Forcible molestation of minors under 13 years of age) |
statutory sentence | Imprisonment for two years or more or a fine of not less than 10 million won but not more than 30 million won |
Possibility of concurrent protective measures | If the perpetrator is a minor, protective measures or criminal punishment under the Juvenile Act may be concurrently applied. |
In particular, this client was reported for school violence 🔗Punishment for school violenceSince I was in danger of being punished, there was a high possibility that I would be disciplined by the school violence committee.
If the client's charges were acknowledged in this case, the following disadvantages could have followed.
▷ Disadvantages in admissions due to entries in school records
▷ Infringement of learning rights due to quarantine measures in schools, etc.
Therefore, the Suwon sexual harassment lawyer needed a thorough case analysis to prove the client's innocence.
3. Suwon sexual harassment lawyer | Assistance content
claim | detail |
Victim's statement is inconsistent | During the course of the statement, the victim changed her statement several times regarding the area of contact and the method of contact. There are also contradictions between the statements of the School Violence Commission and the police. |
Circumstances that can be seen as mutual pranks | The two had a friendly relationship, often exchanging jokes. There were circumstances of joking and laughter even on the day of the incident. |
Circumstances of contact by consent | There are circumstances in which the victim first mentioned or consented to physical contact. Afterwards, similar encounters continued five times. |
Continuing normal relationships after the incident | Even after the incident, the victim continued to communicate with the client on SNS and face-to-face. Did not express any discomfort or rejection |
Lack of clear objective evidence | There is no direct physical evidence such as CCTV, third-party witnesses, or recordings related to the incident. |
4. Suwon sexual harassment lawyer | Allegations of forcibly molesting a classmate were not sent to the court.
Thanks to the assistance of a Suwon sexual harassment lawyer, the police who investigated the caseNo charges, not sentThe case was closed.
The police judged that there was no charge, citing the difficulty of proving the charge of forcible harassment based on the victim's statement alone and the fact that the victim's statement was overturned.
It would be unfair if, like the client in this case, playing around sexually with classmates was misunderstood as a sexual crime.
In that case, contact a professional lawyer from Daeryun Law Firm 🔗Legal consultation reservationWe hope that you will be able to resolve both school violence cases and criminal cases at the same time.
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.
