Indecent act by compulsion attorney, can the offense of forcible indecent act be established even where someone was forced to do a love shot?

Hello. This is an indecent act by compulsion attorney at Daeryun Law LLC.

Even where someone is forced to do a love shot, the offense of forcible indecent act can be established depending on the circumstances.

Looking at an actual case, in a matter where, despite female employees having clearly expressed their refusal, the owner pressured them as if he would give them personnel-related disadvantages if they did not drink, or exercised force, and had them drink in the so-called love shot manner, the court recognized the offense of forcible indecent act under the 「Criminal Act」.

This was evaluated as an act that goes beyond mere coercion to drink, infringing the other party's sexual freedom.

Whether something constitutes an indecent act by compulsion is not determined simply by whether there was physical contact.

The court makes its determination by comprehensively considering the victim's clear intent, their gender and age, the relationship between the offender and the victim, the circumstances that led to the act, the specific manner of the act, and the objective surrounding situation at the time and the notion of sexual morality under common social norms.

Therefore, even under the guise of a love shot, if a person coerced another by using their position or force despite the other party's refusal, criminal liability may become an issue.

For detailed matters related to the offense of forcible indecent act, we recommend that you confirm them through a consultation with an indecent act by compulsion attorney.

Through an indecent act by compulsion attorney, you can receive a legal review and response measures suited to the matter.