Surprise molestation against the suspect's will also constitutes the crime of 'forced molestation'

The Supreme Court ruled that grabbing a woman's head and pulling it, even in a public place, can constitute a crime of forcible harassment. Unlike the first trial, which previously found him guilty, the second trial court declared him not guilty, and the Supreme Court found him guilty.


The company's representative, Mr. A, was sent to trial on charges of forcible harassment for grabbing a female subordinate's head and pulling it to his chest at a company dinner. He was found guilty in the first trial based on the statements of the female employees and those present at the company dinner, but in the second trial, he was found not guilty on the grounds that the company dinner took place in a public place, there was no sexual language or behavior, and according to social norms, it is difficult to recognize the head and shoulders as specific body parts related to sex.


The appellate judgment was overturned again by the Supreme Court. The court ruled that a surprise assault, which involves both assault and harassment, cannot be considered an extenuating factor even if it occurred in a public place with other people present. Mr. A's arm touching the female employee's neck and Mr. A's breast touching the female employee's head at the time were also considered acts that could cause sexual humiliation to the general public. As a result, the Supreme Court ruled that molestation was recognized, saying that the female employee at the time should be considered to have felt sexual humiliation.


According to the legal community, there is a trend to expand the interpretation of the scope of the crime of forcible harassment, such as considering that ‘surprise assault’ also constitutes the crime of forcible harassment. If the charges are acknowledged, you will be sentenced to up to 10 years in prison or a fine of up to 15 million won, and it is explained that in many cases, it is recognized as forcible harassment even if there was no clear assault or threat.


Shim Jae-guk, a criminal lawyer at Daeryun Law Firm (Limited), said, “As cases of forcible molestation are broadly assessed, there are many cases in which even insignificant physical contact is recognized as a charge and is at risk of punishment.” He added, “Do not assume that forcible molestation charges will not be applied to your case, but if you are involved in a sexual harassment case, you should be open to all possibilities and deal with it.”


He continued, “One of the most common mistakes made when accused of a sexual crime is claiming to be innocent but failing to secure evidence to support the claim, resulting in a wrong initial response and being found guilty,” adding that if the charges are unfair, be sure to seek help from a legal expert such as a criminal lawyer to resolve the situation as soon as possible.

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