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What evidence is needed to prove a false accusation of forcible indecent act?

I was reported by a company colleague for sexual molestation at a drinking gathering. However, there were several people present at the time, and rather, it was a situation in which the other party first attempted physical contact. Recently, I heard that there are cases where people responded with a charge of false accusation of forcible indecent act by securing evidence such as CCTV, call recordings, and text messages. I too want to prove the other party's false statements, and I am curious about what evidence I should secure and what requirements are needed for false accusation to actually be recognized.

false accusation of forcible indecent act

Answer to Related Inquiry

Author: 정찬우

Where you have been reported on untrue grounds in a forcible indecent act case, the act of falsely fabricating a criminal fact and reporting it may constitute the offense of false accusation under Article 156 of the Criminal Act.

However, a false accusation of forcible indecent act is not established merely on the ground that the charge was not recognized.

You must prove that the other party filed the complaint knowing that their statement was false, that is, that they intentionally made a false report.

In addition, it must have been done for the purpose of causing another person to receive criminal punishment or a disciplinary disposition as required.

Therefore, to prove false accusation, securing objective evidence from the time of the incident is key.

CCTV footage, statements from nearby witnesses, recorded conversation files, text and SNS conversation records, and records of movement at the scene (access cards, location records, and the like) can be strong evidence.

In fact, there are also cases where, after securing CCTV and audio recordings and obtaining a no-charge disposition, the person filed a complaint for false accusation against the false accuser.

If the perpetrator's false accusation of forcible indecent act is recognized, imprisonment for not more than 10 years or a fine not exceeding 15 million won is imposed.

However, since false accusation requires that both the intent and the act of the complainant be proven, it may be difficult for an individual to respond alone.

Only when a legal expert suggests the direction for gathering evidence and establishes a statement strategy from the investigation stage can an unfavorable result be prevented.