
Legal Q&A
Q
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A criminal case is currently in progress on a charge of an indecent act by compulsion. The victim's side says they will proceed not only with the criminal case but also with a civil lawsuit. They say they will claim damages for the harm through a civil lawsuit for a sex crime.. Unlike criminal punishment, can such a civil lawsuit for a sex crime also be brought? I ask how I should respond to this lawsuit.
Civil lawsuit for a sex crime
Civil lawsuit
Answer
Published:
Author : Kuk Il KIM
I will answer your question about a civil lawsuit for a sex crime.
To get straight to the point, a civil lawsuit for a sex crime is entirely possible.
Separately from the criminal case, the victim can file a civil lawsuit claiming damages for the mental and material harm caused by the sex crime.
This is a procedure for the victim to be compensated for the loss they suffered under tort liability in the Civil Act, regardless of whether the perpetrator is found guilty.
In a civil lawsuit, the judgment in the criminal case may have an influence, but a criminal guilty verdict is not necessarily required for civil liability to be recognized.
The civil court judges independently, and the burden of proof lies mainly with the victim.
Therefore, to avoid damages in the civil lawsuit, you, who have been identified as the perpetrator, must clearly prepare a responsive argument that refutes the victim's claims and evidence.
In addition, where a civil lawsuit is filed together while the criminal case is in progress, overlapping legal disputes may arise over the same facts, so it is important to respond by strategically linking the two lawsuits.
At our firm, a criminal attorney and a civil attorney collaborate, making a one-stop response of criminal defense and civil response possible.
We recommend visiting the nearest Daeryun branch office to receive a consultation.

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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

Nakhyeong Kim
T. 070-7510-2012
Judge at the Busan High Court · Daegu District Court Senior Judge (Presiding) experience
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