
Legal Q&A
Q
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This is a question about the statute of limitations for prosecution. Regarding a shameful and bewildering molestation crime that I suffered several years ago, I would like, even now, to file a complaint against the offender and turn it into a case. Seeing them now living confidently and successfully makes me resentful, and although I thought I could forget it, it does not go as I wish. I strongly wish to find out exactly whether the statute of limitations has passed, to file a police complaint, and to bring the other party to trial. Please tell me the statute of limitations for the crime of sexual molestation.
statute of limitations for prosecution
Answer
Published:
Author : DongIl PARK
The statute of limitations for prosecution basically varies in its period depending on the punishment prescribed for the relevant crime.
- Death penalty : permanent ~ 25 years
- Life imprisonment or imprisonment without labor : 15 years
- Imprisonment or imprisonment without labor of 10 years or more : 10 years
- Imprisonment or imprisonment without labor of 5 years or more ~ less than 10 years : 7 years
- Imprisonment or imprisonment without labor of less than 5 years, or a fine : 5 years
In the case of indecent act by compulsion, the statutory punishment is imprisonment of up to 10 years or a fine of up to 15 million won, so the statute of limitations for prosecution should be calculated as 10 years.
For sexual violence crimes, we inform you that a criminal complaint and report are possible at any time as long as the statute of limitations for prosecution remains.
If the offender flees abroad for the purpose of evading criminal punishment, until the ruling is confirmed at the time of an application for adjudication, or in situations such as a sexual offense against a minor, there are cases in which the statute of limitations for prosecution is suspended.
Although we cannot know exactly the age at which you suffered the harm, if you were under 19 years of age, the statute of limitations for prosecution should be calculated as 15 years.
If you were under 13 years of age, the statute of limitations for prosecution does not apply, so we inform you that you may file a lawsuit at any time.
If you wish to ensure that the offender of the sexual offense receives due punishment, you may seek legal consultation at any time.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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