In what cases does detention for a sex crime occur?

Detention for a sex crime is not decided merely because there is a charge, but is judged by comprehensively considering the grounds for detention prescribed by law and the specific circumstances of the case.

In particular, you need to keep in mind that whether detention for a sex crime occurs may be considered together with several factors, such as the possibility of harm to the victim and the risk of reoffending.

Under the Criminal Procedure Act, detention is recognized where, on the premise of substantial grounds to suspect a criminal charge, ▲the person has no fixed residence, ▲there is a concern that evidence will be destroyed, or ▲there is flight or a concern of flight.

In addition to this, in a sex crime case, factors such as the relationship with the victim, whether contact was attempted after the incident, the possibility of retracting statements, and the risk of secondary harm are considered together, and in particular, if it is judged that there is a possibility of inflicting additional harm on the victim, the necessity of detention may be assessed as high.

In addition, in the case of an indecent act by compulsion, a person may be subject to imprisonment for up to 10 years or a fine of up to 15 million won under the Criminal Act, and depending on the case, security measures such as registration of personal information and employment restrictions may also be imposed.

However, since not every case immediately leads to detention, it is important to carefully proceed with the direction of statements and the organization of evidence at the early investigation stage and to maintain the right of defense without being detained.