
Legal Q&A
Q
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Hello. I had a company dinner with my coworkers and blacked out completely, so I was not aware of anything. It seems that while blacked out, I stroked a female coworker's shoulder and did things like that. So that female coworker told me to stop, but it seems I was not in my right mind and kept touching her. I have now been reported for a forcible indecent act, and I am about to undergo a police investigation.
forcible indecent act
Answer
Published:
Author : Byung Joon KOH
If you are being investigated for a forcible indecent act, the initial statement is, above all, very important.
You must comprehensively review the circumstances of the incident, the state of intoxication, the specific degree of the conduct, and the content of the victim's statement, and prepare a defense strategy.
In addition, because merely claiming a lack of memory due to intoxication makes it difficult to be exonerated, it is necessary to actively secure grounds for mitigation through objective circumstantial evidence, a sincere attitude of repentance, and efforts to recover the harm.
The mitigating factors that can generally be taken into account in a forcible indecent act case are as follows.
· Where the exercise of physical force was markedly weak
· Where the degree of the indecent act was minor
· An offense committed in a state of diminished mental capacity
· In the case of voluntary surrender
· The victim's expression of a wish not to punish
· Passive and reluctant participation
· Involvement in the offense due to another person's coercion or threat
· A sincere attitude of repentance after the offense
· No prior criminal punishment
· Where recovery of the harm is substantial
Therefore, it is advisable to secure as many applicable mitigating factors as possible and to respond from the early stages of the investigation.
For details, we recommend that you check through a consultation with an attorney specializing in sexual crimes.

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Byung Joon KOH
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