CONTENTS
- 1. The Client Who Sought a Finding of No Charge for an Indecent Act by Compulsion
- - The Circumstances of the Indecent Act by Compulsion Case
- 2. Assistance Provided to Obtain a Finding of No Charge for an Indecent Act by Compulsion
- - Defense Strategy for the Indecent Act by Compulsion ① | Clearly Distinguishing the ‘Circumstances’ and the ‘Intent’ of the Case
- - Defense Strategy for Indecent Act by Compulsion ② | Verifying the Credibility of the Audio File
- - Defense Strategy for the Indecent Act by Compulsion ③ | Concrete Interpretation of the ‘Meaning’ of the Apology Message
- - Defense Strategy for the Indecent Act by Compulsion ④ | A ‘Detailed Analysis Request’ Prepared Even for Any Remote Possibility
- 3. Successful Establishment of No Charge for the Indecent Act by Compulsion, Non-referral
- - Level of Punishment for an Indecent Act by Compulsion
- - The Need for Assistance from an Attorney Experienced in Sexual Offenses
- - FAQ Regarding an Indecent Act by Compulsion
1. The Client Who Sought a Finding of No Charge for an Indecent Act by Compulsion
This case of the client, in which a finding of no charge (insufficient suspicion) for an indecent act by compulsion was established, arose when a man and a woman who had come to know each other through a KakaoTalk open chat room actually met in person.
The Circumstances of the Indecent Act by Compulsion Case
The client visited a motel room at the invitation of a woman whom he had come to know through an open chat room, but afterward the other party filed a criminal complaint with the police, alleging that the client had forcibly committed an indecent act against her.
However, the client protested that he had merely said things such as ‘your legs are pretty’ during the conversation, and that there had been no physical contact or indecent act at all.
Greatly shocked by the reality of suddenly being investigated as a ‘suspect in an indecent act by compulsion,’ the client, amid anxiety that his reputation and future could be critically affected, sought the assistance of an attorney specializing in sexual offenses in order to establish a finding of no charge for the indecent act by compulsion.
2. Assistance Provided to Obtain a Finding of No Charge for an Indecent Act by Compulsion
In order to establish a finding of no charge for the indecent act by compulsion, the attorney specializing in sexual offenses reviewed the relevant legal principles and analyzed the evidence submitted by the complainant, providing assistance as follows.
Defense Strategy for the Indecent Act by Compulsion ① | Clearly Distinguishing the ‘Circumstances’ and the ‘Intent’ of the Case
From the early stage of the investigation, the attorney specializing in sexual offenses focused on proving that the client’s conduct was part of a meeting that took place with the other party’s consent.
▷ The fact that sexual jokes were exchanged during the conversation, but these amounted to no more than light remarks between the two
▷ The fact that, after arriving at the motel, there was no physical contact other than a gesture of measuring height
By clearly presenting these facts, the attorney emphasized that the suspect’s conduct did not arise from an ‘intent to infringe upon the other party’s right of sexual self-determination’.
Defense Strategy for Indecent Act by Compulsion ② | Verifying the Credibility of the Audio File
The complainant submitted as evidence an audio file that she herself had recorded.
In response, the attorney specializing in sexual offenses pointed out that the recording had been made while the complainant was aware in advance that recording was taking place.
In particular, the attorney weakened its credibility on the ground that there was a “possibility that it was an intentional recording made in order to capture only remarks favorable to her.”
In addition, although the audio file contained the complainant’s words such as ‘stop’ and ‘do not come,’ there was no sound at all of the suspect actually touching the complainant or any sound of resistance.
On this basis, the attorney actively explained that this was merely a verbal request to stop the conversation and could hardly be regarded as evidence that an actual physical indecent act had occurred.
Defense Strategy for the Indecent Act by Compulsion ③ | Concrete Interpretation of the ‘Meaning’ of the Apology Message
The investigative agency took note of the fact that, immediately after the incident, the suspect had sent a message saying ‘I will apologize.’
In response, the attorney specializing in sexual offenses proved that “this was not an apology admitting to an indecent act by compulsion, but merely a social apology for an inappropriate remark made during the conversation.”
In other words, the attorney logically argued, together with precedent, that criminal liability could not be recognized merely on the basis of an apology message sent simply to smooth over the situation.
Summary of the Cited Precedent
Defense Strategy for the Indecent Act by Compulsion ④ | A ‘Detailed Analysis Request’ Prepared Even for Any Remote Possibility
In order to establish the objective truth of the case more clearly, the attorney specializing in sexual offenses voluntarily requested a polygraph (lie detector) test.
In addition, the attorney applied to the investigative agency for a detailed analysis of the audio file, emphasizing that there was in fact no ‘rustling’ noise or any sound of physical contact.
This served as a decisive ground supporting the point that “even if there had been some misunderstanding, there was no intent to commit an indecent act at all.”
3. Successful Establishment of No Charge for the Indecent Act by Compulsion, Non-referral
After the attorney specializing in sexual offenses provided assistance in order to establish a finding of no charge for the indecent act by compulsion, the police determined that, apart from the complainant’s statement, there was no objective evidence to prove the indecent act by compulsion.
In particular, the police combined the following points and issued a decision of non-referral on the ground of no charge for the indecent act by compulsion.
▷ The lack of credibility of the audio file
▷ The absence of clear evidence of physical contact
▷ The unclear meaning of the apology message
Level of Punishment for an Indecent Act by Compulsion
The forcible indecent act is a crime that is established when a person commits an indecent act against another by assault or intimidation.
Here, an indecent act refers to any and all conduct that objectively causes sexual shame or revulsion in an ordinary person.
As for assault or intimidation, it is sufficient if it includes the exercise of physical force against the other party's will to a degree that makes resistance difficult.
If the charge of an indecent act by compulsion had been applied to the client in the above case, the following punishment would have been imposed pursuant to Article 298 of the Criminal Act.
Level of Punishment
Statutory Provision | Level of Punishment |
Article 298 of the Criminal Act | Imprisonment with labor for not more than 10 years or a fine not exceeding 15 million won |
The Need for Assistance from an Attorney Experienced in Sexual Offenses
A charge of an indecent act by compulsion is a sensitive matter in which an investigation can begin based on the statement of the other party alone.
In particular, in the case of non-face-to-face encounters such as open chat rooms, there is a significant risk that the matter will escalate into a sexual offense if the context of the conversation or the flow of emotions is distorted.
Without a process of carefully examining the objective evidence and logically rebutting the credibility of the statement, as in this case, the client could have unjustly become a person with a criminal record.
At Daeryun Law Firm, the core issues of a case and the gravity of the matter are identified promptly through a dedicated consultation attorney system.
Thereafter, a dedicated attorney suited to the type of case is assigned to provide systematic assistance, such as organizing the direction of statements and accompanying the client to police questioning, so that the case may be concluded at an early stage.
If you are facing difficulty in a similar situation, you are welcome at any time to entrust your case through a 🔗legal consultation appointment.
FAQ Regarding an Indecent Act by Compulsion
A. The crime of a forcible indecent act is not punished based on the victim's statement alone; the intent to commit an indecent act, the use of force, and the degree of physical contact are considered comprehensively. Analyzing the circumstances at the time of the act in concrete terms through CCTV, witnesses, mobile phone forensics, and message records can increase the possibility of no charge. Q. Will punishment necessarily follow based on the victim's statement? Is there no possibility of a finding of no charge (insufficient suspicion) for an indecent act by compulsion?
A. Because a statement once given during police questioning can govern the direction of the entire investigation, expressions that are inconsistent with the facts or that could be interpreted unfavorably should be avoided. If possible, it is advisable to prepare a statement scenario with an attorney experienced in sexual offenses before questioning, to accurately grasp the intent of the questions, and then to answer carefully and consistentlyQ. Are there points to be careful about during police questioning in order to argue for a finding of no charge for an indecent act by compulsion?
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