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How should I respond to sex crime civil litigation?
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Hello, I have a question about sex crime civil litigation. I am in a situation where I received a suspended sentence in a matter related to a sex crime. The victim says they will claim damages through sex crime civil litigation;; Even though I have already been criminally punished, can I also be subjected to such a civil lawsuit? I am wondering whether a civil damages lawsuit is possible, and roughly what the amount would be. How should I best respond?
Sex crime civil litigation
Sex crime
Consolation money
Answer to Related Inquiry
Author: 고병준
Hello, here is a response to your question about sex crime civil litigation.
As in the situation you describe, a victim of a sex crime can, in addition to filing a criminal complaint, also claim damages through sex crime civil litigation.
Sex crime civil litigation is a procedure in which the victim seeks monetary compensation for the mental and material harm they have suffered.
The amount of consolation money is determined by considering various factors, such as the seriousness of the harm, the manner of the perpetrator's conduct, the victim's mental suffering, whether recovery has occurred, the degree of public exposure of the case, and the victim's age.
Generally, the consolation money in sex crime civil litigation ranges from several million won to tens of millions of won, but where the seriousness of the sex crime or the victim's suffering is judged to be great, it may be recognized at tens of millions of won or more.
In particular, if it is proven that the victim suffered mental harm due to the case and received hospital treatment, a higher amount of damages as consolation money may be set.
Therefore, it appears advisable to prepare a defense strategy for the civil lawsuit based on the case records together with an attorney who has extensive experience in sex crime civil litigation.
Because being criminally punished does not automatically exempt one from civil liability, we hope you will respond with the help of an attorney experienced in this area.
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Experience as chief prosecutor of Seoul Eastern Branch and chief prosecutor of Busan District Prosecutors' Office
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