CONTENTS
- 1. The Background to the Request for the Indecent Act by Compulsion Complaint
- - The Establishment of an Indecent Act by Compulsion
- - Level of Punishment for an Indecent Act by Compulsion
- 2. Strategic Response for a Complaint of Indecent Act by Compulsion
- - Securing Materials to Prove Continuing Harm
- - Drafting the Complaint Centered on Precedents and Statements
- - Additional Evidence and Petition for Severe Punishment
- 3. Result of Representation for a Complaint of Indecent Act by Compulsion, Proceeding to Indictment for Formal Trial Without Detention
- - If You Need to File a Complaint of Indecent Act by Compulsion
1. The Background to the Request for the Indecent Act by Compulsion Complaint
The client who sought a sex crimes attorney to file a complaint for an indecent act by compulsion was a victim who had been forcibly kissed while returning home after a company dinner with a workplace superior three years earlier.
At the time, the client was unable to raise the issue out of concern for the workplace relationship, but thereafter the respondent continued to send overt sexually harassing remarks and text messages.
After seeing the respondent even deny the past conduct, the client experienced severe emotional distress and ultimately decided to file a complaint.
The Establishment of an Indecent Act by Compulsion
When representing a complaint for an indecent act by compulsion, as in this case, it is important first to accurately understand the elements of the offense and its statutory punishment before proceeding.
An indecent act by compulsion is established when an indecent act is committed against another person through assault or intimidation, and here an "indecent act" means any physical contact that an ordinary person would find sexually humiliating or repugnant.
As for assault or intimidation, it is sufficient that there be an exercise of physical force to a degree that makes the other person's resistance difficult, so even a simple contact may be recognized as an indecent act by compulsion if it is against the victim's will.
Level of Punishment for an Indecent Act by Compulsion
Article 298 of the Criminal Act provides the following punishment for a person who commits an indecent act by compulsion.
Statutory Provision | Level of Punishment |
Article 298 of the Criminal Act (Indecent Act by Compulsion) | Imprisonment for up to 10 years or a fine of up to 15 million won |
In this case as well, a workplace superior attempted unlawful physical contact with the client and then denied it.
In response, the attorney handling the sexual offense case, acting as the representative for the complaint, developed a strategy to draft the complaint based on legal principles and precedents and to submit evidence in order to strengthen the likelihood of indictment and punishment.
2. Strategic Response for a Complaint of Indecent Act by Compulsion
The attorney handling the sexual offense case, who took on the representation for the complaint of indecent act by compulsion, considered that a considerable amount of time had passed since the incident, and therefore made securing objective material to support the credibility of the harm the top priority.
To this end, the following measures were carried out step by step.
Securing Materials to Prove Continuing Harm
The records of recent sexual harassment text messages and remarks sent by the accused, along with the psychiatric treatment records and medical certificate relating to the harm, were thoroughly collected.
Through this, the complaint was drafted emphasizing that this was not merely a past incident but harm that continues to the present.
Drafting the Complaint Centered on Precedents and Statements
The attorney handling the sexual offense case attached an extensive set of similar precedents and sentencing examples related to indecent act by compulsion in order to strengthen the legal persuasiveness.
In addition, during the questioning of the complainant, the attorney prepared the client to give a specific account of the circumstances of the harm at the time and of the subsequent treatment for the resulting psychological distress, thereby ensuring consistency of the statement during the questioning.
Additional Evidence and Petition for Severe Punishment
A psychiatric opinion and medical treatment records were submitted as evidence to prove that the client continues to suffer significant psychological distress to the present day.
In addition, pointing out that the accused denied the allegations to the end and made no effort to remedy the harm, a petition for severe punishment was additionally submitted.
3. Result of Representation for a Complaint of Indecent Act by Compulsion, Proceeding to Indictment for Formal Trial Without Detention
As a result of carrying out the representation for the complaint of indecent act by compulsion, the police, taking the submitted evidence and statements together, referred the case to the prosecution with an opinion in favor of indictment.
Thereafter, the prosecution decided, after approximately six months of thorough review, to bring a public prosecution by indictment for formal trial without detention.
The attorney handling the sexual offense case promptly conveyed the indictment and the progress of the proceedings to the client, and explained the plan to provide support extending to representation in negotiations should a settlement proposal arise in the future trial.
The client expressed considerable relief that the legal process was proceeding transparently, and expressed satisfaction that the complaint case of indecent act by compulsion had moved smoothly to the trial stage.
If You Need to File a Complaint of Indecent Act by Compulsion
As in the case above, when a considerable time has passed since the harm from an indecent act by compulsion occurred or when proving the harm is difficult, proceeding with a complaint alone carries a significant burden.
Because strategic securing of evidence and review of legal principles can affect the outcome of the investigation and trial, anyone who has suffered similar harm may wish to consult at an early stage with an attorney experienced in representing complainants and to establish a response strategy.
Daeryun Law Firm includes a number of attorneys registered as criminal law specialists with the Korean Bar Association, as well as attorneys with extensive experience in handling sexual offense cases.
Through a dedicated consultation attorney system and the assignment of a dedicated attorney to each case, the firm presents a response strategy tailored to the client and provides multifaceted assistance through collaboration with evidence examination specialists and others.
If representation for a complaint is needed, you may request the case through the 🔗Legal Consultation Reservation.
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.
