Representation in Filing a Complaint for an Indecent Act by Compulsion | Complaint for an Indecent Act by Compulsion by a Workplace Superior, Referred to Formal Trial

When representing a complaint for an indecent act by compulsion, as in this case, it is important first to accurately understand the elements of the offense and its statutory punishment before proceeding.

An indecent act by compulsion is established when an indecent act is committed against another person through assault or intimidation, and here an "indecent act" means any physical contact that an ordinary person would find sexually humiliating or repugnant.

As for assault or intimidation, it is sufficient that there be an exercise of physical force to a degree that makes the other person's resistance difficult, so even a simple contact may be recognized as an indecent act by compulsion if it is against the victim's will.

Article 298 of the Criminal Act provides the following punishment for a person who commits an indecent act by compulsion.

In this case as well, a workplace superior attempted unlawful physical contact with the client and then denied it.

In response, the attorney handling the sexual offense case, acting as the representative for the complaint, developed a strategy to draft the complaint based on legal principles and precedents and to submit evidence in order to strengthen the likelihood of indictment and punishment.

The records of recent sexual harassment text messages and remarks sent by the accused, along with the psychiatric treatment records and medical certificate relating to the harm, were thoroughly collected.

Through this, the complaint was drafted emphasizing that this was not merely a past incident but harm that continues to the present.

The attorney handling the sexual offense case attached an extensive set of similar precedents and sentencing examples related to indecent act by compulsion in order to strengthen the legal persuasiveness.

In addition, during the questioning of the complainant, the attorney prepared the client to give a specific account of the circumstances of the harm at the time and of the subsequent treatment for the resulting psychological distress, thereby ensuring consistency of the statement during the questioning.

A psychiatric opinion and medical treatment records were submitted as evidence to prove that the client continues to suffer significant psychological distress to the present day.

In addition, pointing out that the accused denied the allegations to the end and made no effort to remedy the harm, a petition for severe punishment was additionally submitted.

As in the case above, when a considerable time has passed since the harm from an indecent act by compulsion occurred or when proving the harm is difficult, proceeding with a complaint alone carries a significant burden.

Because strategic securing of evidence and review of legal principles can affect the outcome of the investigation and trial, anyone who has suffered similar harm may wish to consult at an early stage with an attorney experienced in representing complainants and to establish a response strategy.

Daeryun Law Firm includes a number of attorneys registered as criminal law specialists with the Korean Bar Association, as well as attorneys with extensive experience in handling sexual offense cases.

Through a dedicated consultation attorney system and the assignment of a dedicated attorney to each case, the firm presents a response strategy tailored to the client and provides multifaceted assistance through collaboration with evidence examination specialists and others.

If representation for a complaint is needed, you may request the case through the 🔗Legal Consultation Reservation.