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Quasi-indecent act by compulsion
Quasi-indecent act by compulsionNon-prosecution

Quasi-Indecent Act by Compulsion Defense Case | Non-Prosecution for a Client Who Committed an Indecent Act Against a Heavily Intoxicated Woman

The client involved in a quasi-indecent act by compulsion case had committed an indecent act by compulsion against a heavily intoxicated woman, and facing a police investigation on the charge of quasi-indecent act by compulsion, he sought out an attorney specializing in sexual offense cases.

1. Client Charged with Quasi-Indecent Act by Compulsion

The client charged with quasi-indecent act by compulsion was at risk of receiving an actual custodial sentence and facing dismissal, but with the systematic assistance of an attorney specializing in sexual offense cases, he was able to conclude the matter with a non-prosecution decision in the quasi-indecent act by compulsion case.

Background of the Case

On the day of the incident, the client visited a room bar with a friend and ended up sharing a table with women he was meeting for the first time.

Afterward, the client and a woman moved to a second venue and continued drinking, and both of them became nearly blackout drunk.

After the drinking ended, the woman, who was kissing him out on the street, suddenly lost consciousness and collapsed.

A short time later, a report of a sexual offense was filed, and the client, who felt the accusation was unjust, requested assistance from a sexual offense attorney to defend against punishment.

Background of the quasi-indecent act by compulsion case involving the client

2. Strategy to Defend Against Punishment for Quasi-indecent Act by Compulsion

Summary of the defense strategy against quasi-indecent act by compulsion

After completing the consultation with the client charged with quasi-indecent act by compulsion, the sexual offense attorney identified the issues in this case.

The central issue in this case was whether the female victim, although intoxicated, was in a state of mental incapacity or an inability to resist.

In addition, whether the client acted toward the woman with compulsion, and whether objective evidence proving the circumstances on the day of the incident had been secured, were also important issues.

Based on these issues, the attorney assisted the client by making the following arguments.

No Offense Established

The client stated that the woman showed interest first, and that during the drinking they naturally continued physical contact and formed an intimate atmosphere.

To verify the circumstances at the time, the sexual offense attorney secured and closely reviewed the CCTV footage inside the bar.

As a result, the woman, up until the physical contact occurred, conversed with the client and behaved normally, showing no problem whatsoever in communication.

Accordingly, the attorney emphasized that the woman, at the time, was not in a state of mental incapacity or an inability to resist, and that the physical contact took place under her clear intent.

Proving the Absence of Criminal Intent

When the woman lost consciousness, the client immediately called 112 to request help.

To support this, the sexual offense attorney secured the call records as evidence, and emphasized that the client showed no intent whatsoever to commit a crime such as the one in this case, and that there was no physical contact other than in the course of supporting the woman.

Securing Statements from People Present

The sexual offense attorney closely secured and analyzed the statement of the client's friend, who was present at the time of the incident.

As a result of the analysis, the attorney emphasized that the client and the woman clearly showed mutual interest, and that the people around them recognized this to the extent that they made room for the two.

3. Quasi-indecent Act by Compulsion Case Result: ‘Non-prosecution’

Quasi-indecent act by compulsion case result, non-prosecution decision

The sexual offense attorney closely secured and analyzed objective evidence such as CCTV, call records, and statements of people present, and proved that the client had no criminal intent and that the physical contact took place by mutual agreement.

Accordingly, the prosecution issued a non-prosecution decision in this case, and the client was able to conclude the matter without any legal liability or disadvantage.

Sexual Offense Attorney FAQ

Q. What is the difference between quasi-indecent act by compulsion and indecent act by compulsion?

A. Indecent act by compulsion is established when a sexual act is carried out by force against the other party's will.

In contrast, quasi-indecent act by compulsion is established when the act is committed by taking advantage of the other party's state of mental incapacity or inability to resist.

In other words, the key criterion is whether the victim's capacity to consent or ability to resist was exploited.

Q. Can quasi-indecent act by compulsion be established even if the physical contact is minor?

A. Even minor physical contact may be recognized as a crime if the other party was in a state of mental incapacity or inability to resist, or if it was against the party's will.

Even simple physical contact or incidental contact may qualify if it took place while the victim was unable to clearly express her intent.

4. Requirements for Establishing Quasi-indecent Act by Compulsion

The crime of quasi-indecent act by compulsion is established when an indecent act is committed by taking advantage of the other party's state of mental incapacity or inability to resist.

In other words, the key requirement is that the other party is placed in a state where she cannot perform a sexual act against her will.

According to Supreme Court precedent (Supreme Court Judgment of April 27, 2023, 2023Do2481), the Court ruled as follows regarding mental incapacity and inability to resist, which constitute the requirements for establishing quasi-indecent act by compulsion.

'Mental incapacity' means a state in which, due to an impairment of mental function, there is no normal capacity to judge regarding a sexual act.

A state of 'inability to resist' means a case in which, for a cause other than mental incapacity, resistance is psychologically or physically absolutely impossible or markedly difficult.

Level of Punishment

Quasi-indecent act by compulsion is punished according to the provisions on indecent act by compulsion, and even an attempt cannot escape criminal liability.

In addition, sexual offense cases may result not only in criminal punishment but also in social and occupational disadvantages, so it is important to establish a response from the early stage of the case.

Criminal Act Article 298 (Indecent Act by Compulsion)

Imprisonment for up to 10 years or a fine of up to 10 million won

Criminal Act Article 299 (Quasi-rape, Quasi-indecent Act by Compulsion)

... In the case of quasi-indecent act by compulsion, the example of Article 298 shall apply.

Method of Response

Sexual offense cases draw strong social criticism, and the statutory penalties prescribed under the Criminal Act are heavy.

Daeryun LLC has many attorneys with extensive experience handling sexual offense cases.

Accordingly, from the early stage of a case, the firm establishes a response strategy through review of the client's statement, securing evidence (CCTV, call records, statements of people present, and the like), and analysis of the background of the case.

If you are facing difficulty due to involvement in a sexual offense case, please feel free at any time to request assistance from Daeryun LLC through its 🔗legal consultation reservation.

준강제추행

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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