Can I be punished for a forcible indecent act even without using assault or intimidation?

The Supreme Court has held that, even where the perpetrator, without accompanying assault, uses only intimidation as a means to sexually assault or molest the victim, the crimes of rape and forcible indecent act are established if the degree of that intimidation is such as to make the victim's resistance impossible or significantly difficult.

Whether a certain act constitutes the 'assault or intimidation' of a forcible indecent act must be determined by comprehensively considering the purpose and intent of the act, the specific manner and content of the act, the background of the act and the circumstances at the time of the act, the relationship between the actor and the other party, and whether and to what degree the act causes suffering to the other party.

A person who molests another by assault or intimidation is subject to imprisonment for not more than 10 years or a fine not exceeding 15 million won, and an attempt is also punished.

Because the sentence for a forcible indecent act is heavy in this way, if you are implicated in this charge, it can be said to be advantageous to promptly request the help of an attorney specializing in this area at an early stage of the case.

We recommend that you proceed with a thorough consultation with a sexual crimes attorney who has handled many sexual crime cases in order to resolve the matter quickly.