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I want to file a complaint for sexual molestation, but I am worried that the perpetrator will retaliate.

I was sexually molested by a senior at school. At first I intended to just let it go, but because he repeatedly touched me surreptitiously and kept making unpleasant remarks, I decided I had to file a complaint for sexual molestation. However, since the perpetrator is a fairly influential person at school, I am very anxious that after the complaint he might come near my house to retaliate. If I file a complaint for sexual molestation, will the police provide personal protection? Also, is there a way to separately receive security or protection?

filing a complaint for sexual molestation

Answer to Related Inquiry

Author: 정찬우

As in your inquiry, if a school senior repeatedly engaged in physical contact or sexual remarks, it may constitute the offense of forcible indecent act under 「Criminal Act」 Article 298.

That is, where a person indecently touches another's body by means of assault or intimidation, if there was an explicit refusal by the victim or the displeasure was clear, filing a complaint for sexual molestation is fully possible.

If the other party's charge is recognized, they are punished by imprisonment for up to 10 years or a fine of up to 15 million won.

However, since there is a possibility that the perpetrator will attempt retaliation during the process after the complaint for sexual molestation, you must necessarily also consider personal protection measures.

Upon the victim's request, the police can take the following protective measures under the 「Crime Victim Protection Act」.

① Personal protection measures

② Pseudonym statement records

③ Victim protection facilities

④ Temporary safe accommodation

⑤ Relocation expenses (actual moving costs)

⑥ Smartwatch (location-tracking device)

However, in reality, because police measures must go through administrative procedures, if a situation requires immediate physical protection, it is advisable to also combine a method of securing the victim's own safety through a professional security service.

In particular, where there is a high possibility of encountering the perpetrator due to a relationship such as school, or where the perpetrator's retaliatory threats are anticipated, it is good to entrust the case to a law firm that also provides professional security services and to request representation in filing the criminal complaint.