How to Quickly Be Cleared of Suspicion in a Public Place Molestation Case: 'This' Is the Way.

If you are reading this, you may be someone who has been mistakenly accused of indecent assault in a crowded public place and need to clear the suspicion.

Indecent assault occurring in public places is legally recognized as a crime even when it involves a sudden act without threats or violence, as in indecent assault by force. Therefore, even if you were falsely suspected without any intent, you must legally prove this to avoid punishment.

In particular, since investigative agencies do not proactively conduct this clarification process, if you need to prove your innocence, you should first gather evidence with the help of a specialized attorney before responding to the initial investigation.

Since a mistake in your statement or failing to consider the legal advantages and disadvantages before responding could result in punishment, you should choose an expert with extensive experience handling public place molestation cases and strong investigative know-how.

With that in mind, today, together with LAWFIRM LEAP, which has attorneys specializing in sex crime cases, we would like to share an initial response strategy for being cleared of suspicion in a public place molestation case when you have been wrongly accused of indecent assault. As we are revealing strategies that can work favorably from the police's perspective, we encourage you to read closely.

01Why Is Initial Investigation Response Important for Being Cleared of Suspicion in a Public Place Molestation Case?

Molestation in a crowded public place, or public place molestation, is a crime that applies when someone commits indecent assault in a place where the public is densely gathered, such as public transportation or performance or assembly venues. This offense is stipulated under the Act on Special Cases Concerning the Punishment of Sexual Crimes, which has detailed and strict sentencing provisions, and its scope of application is broader than indecent assault by force under the general Criminal Act.

02Article 11 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Indecent Assault in a Crowded Public Place)

A person who commits an indecent act against another person on public transportation, at a performance or assembly venue, or in any other crowded public place shall be punished by imprisonment for not more than three years or a fine not exceeding 30 million won.

Therefore, if you are in a situation where you must deny the charge, you must demonstrate that you had no sexual intent or purpose to commit the act.

In sex crime cases, when being questioned by the police, the initial statement you give is extremely important.

While the feeling of injustice is understandable, rather than becoming overly emotional, you need to clearly explain the facts and have your innocence legally recognized. Since it is difficult in practice to avoid an emotional reaction when being questioned as a suspect by the police, we recommend receiving the assistance of legal counsel.

If you become flustered during your initial statement or make remarks that could deliberately raise suspicion under an investigator's pressuring tactics, it becomes difficult to obtain an acquittal. For this reason, it is also important to consult an expert in advance and rehearse your statement several times.

Therefore, rather than hastily responding to questioning, you should retain legal counsel before giving a detailed statement, determine the strategy for your statement, and decide whether it would be advisable to have legal counsel present during questioning, before proceeding.

03What Is Necessary to Successfully Prove Innocence in a Public Place Molestation Case?

As mentioned, in order for the charge of public place molestation not to be recognized, you must prove that the physical contact that occurred was not a premeditated act. You must establish that you were unaware that physical contact with another person occurred, or that you had no awareness of the contact, and that, since you routinely use the bus or similar transportation, you did not board it deliberately to commit the offense based on your travel route.

In particular, in addition to having no prior record of sex crimes, you need evidence that can rebut the alleged intent claimed by the victim.

For example, you need a specific and consistent statement explaining that you were not standing behind the victim in order to touch a specific body part intentionally, but rather that you moved to stand near the door in preparation to get off. In this process, it may also be necessary to review witness statements or CCTV footage from the area, which can serve as evidence.

In addition, to argue innocence legally, you may emphasize that the victim's claims lack sufficient grounds, which can help resolve the case due to insufficient evidence.

You must also remember that even if the victim proposes a settlement, you should not agree to it.

If you are asserting innocence from a legal standpoint but then accept a settlement proposed by the victim, this contradicts your own statement, undermining the credibility of the claims you have made in your defense, so this must never be done.

Since arguing that there was no intent behind the act can be more difficult than expected, we hope you will not approach the investigation carelessly and end up receiving an excessive punishment, but instead seek the assistance of a specialized attorney in advance to find the best solution.

Because we have investigative experience, we can respond effectively to investigations.

The attorneys at LAWFIRM LEAP are experts who have handled a wide range of sex crime cases while working at Kim & Chang and Bae, Kim & Lee, the largest law firms in Korea. In particular, since some of our attorneys are former police officers with extensive know-how in initial investigation response, which is critical in sex crime cases, we can help you handle the situation favorably.

Therefore, after reading today's content, if you need practical measures to prepare for a police investigation, or if you are looking for legal counsel to accompany you during a police investigation, please contact LAWFIRM LEAP. Our experts, who possess in-depth investigative know-how, will understand your individual situation and objectives and find the best solution to establish your innocence.

Thank you for reading this long post.