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I would like to ask about the level of punishment for an indecent act by a relative..

Hello, I would like to ask about the level of punishment for an indecent act by a relative.. I really know I should not have.. but without thinking, I touched the breasts and buttocks of my younger cousin while she was sleeping.. I thought she would not notice, but it seems she was awake. I thought it was just sexual molestation, but I saw a post saying that if it is an indecent act by a relative, one can be punished more severely.. is it really true that sexual molestation between relatives is punished more heavily?

indecent act by a relative

sexual molestation

Answer to Related Inquiry

Author: 고병준

Yes, an indecent act by a relative is punished much more severely than ordinary sexual molestation.

An indecent act by a relative is punished under Article 5 of the Act on Special Cases concerning the Punishment of Sexual Crimes. According to this Act, when a person in a familial relationship commits rape or an indecent act by compulsion through assault or intimidation, the punishment is much heavier than for an ordinary sex crime.

In particular, because the victim's psychological shock is extreme in crimes between relatives and because the perpetrator exploited the relationship of trust with the victim, the courts also have a strong tendency to impose heavy sentences.

It is not simply ‘sexual molestation’; the element of having exploited the ‘familial relationship’ becomes a ground for aggravated punishment.

Whereas an ordinary indecent act is punishable by imprisonment for up to 10 years or a fine of up to 15 million won, an indecent act by a relative is punishable by imprisonment for a definite term of at least 5 years, with no option of a fine.

In addition, if the victim is a minor, the Act on Special Cases concerning the Punishment of Sexual Crimes applies, and a higher statutory penalty may be imposed, and additional sanctions, such as a sex crime record, registration of personal information, an employment restriction, and the attachment of an electronic anklet, may follow. Even if the victim withdraws the criminal complaint, it is treated as a crime that does not require a complaint to prosecute, so the prosecution is not withdrawn.

If a police investigation has already begun, it is very important to retain an attorney specializing in sex crimes and to receive assistance from the early stage of the investigation.

Because factors such as the initial statement, the submission of a letter of remorse, and whether a settlement is reached can directly affect the sentence, it is advisable to prepare your legal response with the help of an attorney specializing in sex crimes.