Sexual assault committed unfairly, must be avoided with the help of a lawyer

Mr. A, an office worker living in Busan, was implicated in a sex crime after drinking and falling asleep with a coworker with whom he was close. A co-worker filed a complaint against Mr. A, and the prosecution handed Mr. A over to trial based on the victim's statement. However, the Busan District Court found Mr. A not guilty, saying there was insufficient evidence.

Sexual crimes differ slightly depending on the case, such as forcible molestation, quasi-rape, and rape, but they are generally punished harshly as they are included in the ‘three major violent crimes.’ Even for the crime of quasi-forcible molestation, a person can be sentenced to up to 10 years in prison or a fine of up to 15 million won, and in the case of rape, the sentence is limited to 3 years or more and consists only of imprisonment without a fine.

However, since most sexual crime cases occur in closed places, it is often difficult to secure objective evidence. Therefore, the victim's statement is often the only evidence, and it is also difficult for the suspect to prove his innocence when placed in an unfair situation.

If you are unfairly accused of a sexual crime even though you did not commit it, you must systematically develop a response strategy. Above all, it is important to argue logically. Even from a position claiming innocence, credibility must be recognized by investigative and judicial authorities through consistent statements.

At the same time, we must secure as much data as possible to clear the charges. The key is to collect materials that can prove the circumstances at the time of the incident, such as CCTV, message records, and call recordings, and to find any parts that contradict the victim's statement.

Additionally, if you are accused of sexual harassment, you must claim that there was no intention. The court determines guilt by considering the location of the crime, the reason for physical contact, the surrounding circumstances, and the circumstances of the report. Accordingly, it must be proven that the contact was unavoidable through verification of the situation, such as a specific simulation.

In the previous case, Mr. A consistently denied the charges with the help of a sex crime lawyer. In addition, the circumstances of exchanging messages with the victim as usual immediately after the incident were presented as evidence. In addition, the charges were dropped by emphasizing that there were contradictions between the victim's statement and the witness' statement.

Seungho Lee, a lawyer at Daeryun Law Firm's Busan headquarters branch office, said, "If you are involved in a sex crime, you need a careful approach and strategic response with experts from the early stage. Furthermore, if it is revealed that the charges stemmed from false allegations, you can also receive legal response related to false accusations." He added, "If you committed a sex crime, it is better to create favorable grounds for a reduced sentence, such as admitting to the charges and reaching an agreement."

Reporter Jin Ga-young (lawissue) (news@lawissue.co.kr)

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