Is a no-charge decision for sexual molestation possible?

Hello. I will provide an answer regarding the possibility of a no-charge decision for sexual molestation.

The situation you describe may constitute a charge of indecent act by compulsion under Article 298 of the Criminal Act.

In sexual molestation cases, the key factor in the determination is whether physical contact was made against the other party's will, causing displeasure, disgust, and sexual humiliation.

In addition, molestation in a space such as the subway is subject to the charge of molestation in a crowded place specified in Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes, and can be punishable by imprisonment for up to 3 years or a fine of up to 30 million won.

Compared with indecent act by compulsion under the Criminal Act, its elements of establishment are simpler, so it is a matter that can lead to punishment as long as the fact of committing molestation in the specific location of the subway is confirmed.

For that reason, it appears that the assistance of a specialized attorney is essential in order to draw out a no-charge disposition for sexual molestation.

Together with a specialized attorney, you should specifically examine the circumstances at the time of the incident (the degree of congestion, the movement route, and the like) and respond by securing on-site CCTV, witness statements, and the like.

In particular, a response strategy that properly proves your innocence at the early stage of the investigation is very important.

Since a mistake in the initial statement can instead work as unfavorable evidence, we recommend that you prepare your written statement and investigation response with the help of an attorney specializing in sex crimes.