Changwon Indecent Act by Compulsion Attorney | Case of an Acquittal on Charges of an Indecent Act by Compulsion and Dismissal of the Prosecutor's Appeal

The following are the circumstances of the case as related to the Changwon attorney handling the indecent act by compulsion case.

The client met a woman at a drinking gathering.

The woman was already intoxicated, and the two reportedly conversed for a long time.

Afterward, while the client was taking the woman home, the two felt a mutual rapport and embraced.

When the woman then wanted to drink more and return to the drinking gathering, the client stopped her, and the two had an argument. The woman subsequently reported the client for an indecent act by compulsion.

The client maintained that he had not committed any indecent act by compulsion against the woman and protested the injustice, and requested defense assistance from the 🔗Daeryun Changwon Branch Office.

An indecent act by compulsion refers to committing an indecent act against another person through assault or intimidation. It includes acts that objectively cause an ordinary person to feel sexual shame or revulsion, as well as acts that infringe upon another's right to sexual self-determination.

▣ Article 298 of the Criminal Act (Indecent Act by Compulsion)

A person who commits an indecent act against another by means of assault or intimidation shall be punished by imprisonment for not more than ten years or by a fine not exceeding 15 million won.

Although it is similar to rape in that assault or intimidation must generally accompany the act for it to be recognized, it differs from rape in that rape involves sexual intercourse, that is, the act of forcibly inserting one's genitals, part of one's fingers, or an instrument into the body of another person, including the mouth, anus, or genitals.

According to the indictment, the complainant alleged that the client had put his hand inside her clothing and committed an indecent act by compulsion, but this was merely a malicious assertion by the complainant.

The defense argued that, in the course of a mutually agreed embrace, the complainant, who was wearing a T-shirt short enough to expose her navel, had mistakenly believed that the client had deliberately touched her.

The complainant had been drinking heavily and was severely intoxicated even before the incident, and that state of severe intoxication continued at the moment this incident occurred after she met the client.

For this reason, she could not remember the specific circumstances at the time. The defense argued that the complainant's statement was difficult to credit, pointing out that she had reversed her account, first claiming in her statement that the client had touched her waist and then claiming that he had forcibly committed an indecent act against her back.

Penalties for sexual crimes, including indecent act by compulsion, are being strengthened over time, and negative perceptions of those suspected of sexual offenses are intensifying.

In particular, if an issue arises involving one of the various sexual crimes, such as digital sexual offenses, prostitution, or violations of the Act on the Protection of Children and Youth against Sexual Abuse, the assistance of an attorney experienced in sexual crimes who has a record of representation in numerous indecent act by compulsion and other sexual crime matters is essential.

If you require assistance in this regard, you are welcome to request a 🔗legal consultation from Daeryun LLC.