Sexual Molestation Complaint | Sex Crime Attorney Who Obtained a Non-Referral Decision on the Molestation Charge

This is the story of a client who, facing the risk of punishment after being accused of sexual molestation through a complaint, sought the assistance of a sex crime attorney.

The client and Mr. A, the complainant in this molestation case, were in a relationship in which they had feelings for each other and had been dating.

Over the course of several months, the two met more than ten times to share meals and drinks together, and they had also had consensual sexual relations on several occasions.

On the day of the incident, the client and Mr. A had dinner as usual and drank together until late.

Afterward, as the client was about to head home from the gathering, Mr. A suggested going to a motel to talk further.

However, a minor disagreement arose on the way, and the client, whose emotions flared up momentarily, grabbed Mr. A's wrist firmly and pulled him toward the bar, leaving a bruise on Mr. A's arm.

The two then moved to a motel together in order to continue talking, but while talking in the room, the client, under the influence of alcohol, held Mr. A's wrist and proposed having sexual relations.

The client states that he judged this to be a natural proposal, given that a consensual relationship had been ongoing.

The next day, the client apologized for grabbing the wrist firmly while intoxicated, and sought to resolve the matter amicably.

However, after hearing that the client had begun dating another woman, Mr. A sent jealous and threatening messages on several occasions, and ultimately filed a complaint against the client for sexual molestation and assault.

As soon as the client received the summons notice from the investigative authorities, he requested the assistance of a sex crime attorney.

The 🔗forcible indecent act (sexual molestation) defined in Article 298 of the Criminal Act refers to an act that infringes on another person's sexual freedom through assault or intimidation.

Here, the key criteria for the ‘indecent act’ are whether there was physical contact that could cause the victim to feel sexual shame or revulsion, and whether the act runs counter to the sound sexual morality of the general public.

· Establishing the particular nature of the relationship at the time of the incident

Through messages, photographs, call records, and similar materials, the fact that the two had maintained a close, consensual relationship is established to emphasize that the physical contact was consensual.

· Arguing the absence of indecency in the act

It must be shown that an act such as merely grabbing a wrist can hardly be regarded as a sexual act of a degree that would cause a member of the general public to feel shame.

The police considered, on the whole, that the two had maintained a continuous and consensual intimate relationship, that briefly holding the wrist was difficult to regard as sexual molestation under generally accepted social norms, and that the complaint was likely to have arisen from an emotional motive.

As a result, a decision of non-referral was made on the indecent-act allegation, and as to the assault portion the victim did not wish for punishment and the conduct was found to be minor, so the client concluded the matter without criminal punishment.

In an indecent-act complaint case, the circumstances of the relationship and the sexual significance of the conduct must be examined, and the initial statements shape the direction of the investigation.

If you have been wrongly accused of an indecent act, you may make a 🔗consultation appointment and consult a criminal defense attorney to address the gathering of evidence and the preparation of statements at an early stage.