Jeju Sexual Offense Attorney | Jeju Attorney, Assisting a Client Accused of an Indecent Act by Compulsion to a Non-Prosecution Outcome

While traveling, the client happened to meet some people and ended up accompanying them, and at the end of the day they shared a meal and drinks together.

As they drank and shared candid conversation, the client felt that he and one of his companions were mutually attracted and made physical contact, but the companion indicated her refusal to the client.

However, the intoxicated client continued to attempt physical contact, and the companion reported the client to the police for an indecent act by compulsion.

After his case was referred to the prosecutors' office, the client, facing the risk of criminal punishment, came to the Jeju branch office to defend against punishment as much as possible.

In the client's case, because he attempted physical contact with the victim by exercising force, the charge amounts to an indecent act by compulsion.

Caution is needed because recent precedent recognizes as a crime not only an indecent act committed while the victim is unable to resist due to force, but also a ‘surprise indecent act,’ in which the act of assault itself is treated as the indecent act.

The issues in an indecent act by compulsion include the victim's sense of sexual humiliation, whether there was compulsion, and whether there was violence or intimidation, so a comprehensive assessment of these must come first.

If you are subject to a police investigation for an indecent act by compulsion in this way, rather than simply denying the charge outright, consulting an attorney can be helpful in clearly assessing matters such as intent and whether an indecent act was committed.

The statutory provisions related to an indecent act by compulsion are as follows.

The client attempted physical contact while talking with the victim over drinks, but in the course of doing so there was no threatening violence or intimidation whatsoever.

This was a point the victim also acknowledged in her statement to the police.

The attorney emphasized that the client did not commit an indecent act by exercising coercive force.

The client had no intention of committing an indecent act by compulsion against the victim, and even if an indecent act by compulsion were found, the act arose from a misunderstanding that the two were mutually attracted, rather than from an intent to commit an indecent act.

The attorney emphasized that the client had no intent to commit a criminal act.