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What evidence is needed to respond with a false accusation charge for sexual molestation?

Not long ago, I was the subject of a criminal complaint by a junior colleague I had been close with, claiming that I committed sexual molestation. There was no such fact at all at the drinking gathering at the time, but the people around us say they were drunk and do not remember. It seems the other party made a false report out of emotion, and I feel it is so unfair that I intend to collect materials and counter with a false accusation charge. I am curious about specifically what evidence is needed and what requirements must be met for a false accusation of sexual molestation to be recognized.

False accusation of sexual molestation

Answer to Related Inquiry

Author: 정찬우

A false accusation of sexual molestation is established where the other party makes a false report for the purpose of causing another person to be criminally punished by fabricating something that did not actually happen (Article 156 of the Criminal Act).

The important point here is that receiving a disposition of 'no suspicion of crime' on the sexual molestation charge does not immediately mean that a false accusation is recognized.

The key is to prove whether the other party knowingly reported despite knowing that it was false.

To do this, it is important to secure objective circumstantial evidence from before and after the incident.

If there was on-site CCTV at the time, it would be possible to confirm what actions actually took place at the scene.

However, if there is no such material, then if the person, while claiming harm after the incident, showed an attitude no different from usual through text messages, it can be used as circumstantial evidence of a false report.

In addition, a call recording file containing contradictory statements or a part admitting false facts during the conversation can also be used as evidence.

In addition, after thoroughly reviewing whether the time and place mentioned in the victim's statement match reality, you can support the possibility of falsity through on-site photographs, GPS records, and the like.

Based on such evidence, if the other party's false accusation is recognized, a sentence of imprisonment with labor for up to 10 years or a fine of up to 15 million won may be imposed.

However, because a false accusation of sexual molestation case requires proving the other party's 'intent,' it is advisable to establish a strategy together with an evidence-examination expert or an attorney and to collect and submit evidence.