How to Avoid a Criminal Record for KakaoTalk Chat Room Sexual Harassment [Must Read]

We are LAWFIRM LEAP, where three attorneys with backgrounds at major law firms and the police work as one team to handle cases.

If you are reading this, you may be someone facing possible punishment after being reported for sexually harassing another person through KakaoTalk or other messenger services.

If you send sexual jokes or messages that constitute sexual harassment through online messages, you may still face criminal punishment for sexually harassing remarks, even without any specific intent, as long as the other party felt sexual shame or humiliation.

In particular, because the message was delivered through a communication device, this case may be subject to punishment for obscene acts using a communication device under the Act on Special Cases Concerning the Punishment of Sexual Violence Crimes.

Therefore, you must build a sound strategy from the early investigation stage and obtain a suspended indictment to avoid a criminal record as a sex offender, and to prevent disclosure of personal information or an employment restriction order that may follow as a protective disposition.

With that in mind, today LAWFIRM LEAP, where our attorneys have experience at major law firms and the police, would like to explain, for those who must undergo a police investigation as a suspect in a KakaoTalk chat room sexual harassment case, how to explain your case from the investigator's perspective so that it is properly acknowledged at the investigation stage.

01KakaoTalk Chat Room Sexual Harassment Can Lead to a Charge of Obscene Acts Using a Communication Device

If you have repeatedly sent sexual jokes, excessively insulting remarks, or photos of body parts through commonly used SNS platforms such as KakaoTalk or Instagram, you may be punished for obscene acts using a communication device.

Act on Special Cases Concerning the Punishment of Sexual Violence Crimes, Article 13 (Obscene Acts Using a Communication Device) A person who, for the purpose of arousing or satisfying his or her own or another person's sexual desire, causes words, sounds, writing, pictures, images, or objects that cause sexual shame or aversion to reach another person through telephone, mail, computer, or other communication devices shall be punished by imprisonment for not more than two years or a fine not exceeding 20 million won.

And if the charge of obscene acts using a communication device is established, a protective disposition for sex offenders may follow.

If a fine or heavier sentence is imposed, a protective disposition may follow, and you must respond quickly, as this can include completion of a sexual violence prevention education program, registration and disclosure of personal information, an employment restriction order, or an electronic monitoring device order.

Therefore, if you have been reported for this matter, do not assume that deleting the chat room content or similar actions will resolve the case, and please check with legal counsel whether the offense is actually established before undergoing a police investigation.

In this type of case, even if message records are deleted, once a forensic investigation begins, all related content can be recovered, so an additional charge of destruction of evidence may be added.

Therefore, refrain from hasty actions and instead find a way to minimize the charges you face in this case, or work with a professional who can accurately assess, from a legal standpoint, whether you can argue that you should be cleared of suspicion for the charge of obscene acts using a communication device.

In particular, since the response at the early stage of the investigation is critical, preparing with a legal professional who has a deep understanding of the investigation process and extensive experience handling sex crime cases can help defend against sentencing and prevent a protective disposition.

02How to Obtain Leniency for KakaoTalk Chat Room Sexual Harassment and Obscene Acts Using a Communication Device

In this type of case, you must first check whether the elements of the offense are actually met.

If you sent obscene material filming a body part or made sexually harassing remarks containing related content, the charge of obscene acts using a communication device is likely to be established, so in that case, rather than denying the charge, you should acknowledge the wrongdoing and show genuine remorse.

It is also necessary to prove that the act was not intentional or premeditated.

This is because doing so makes it easier to be granted leniency.

You must also actively cooperate with the police investigation, make consistent statements, and promptly prove any sentencing-related materials that can be argued depending on the circumstances.

To do so, you must closely examine the facts, the complaint filed by the other party, and their statements, and review similar precedents to determine what factors are recognized as grounds for leniency.

Generally, to be given consideration as a sentencing factor in a sex crime case, you must reach and fulfill a settlement with the victim, and it is important to show that you have generally led a law-abiding life, that the incident occurred impulsively rather than as a pattern of repeated sexual harassment, and that a prison sentence would jeopardize your employment or livelihood.

If these factors are sufficiently established, the prosecutor may render a suspended indictment before the investigation stage concludes, allowing you to avoid the crisis of gaining a criminal record as a sex offender and being subject to a protective disposition.

However, if there are contradictions or false statements in the victim's statement or complaint, or if the allegations lack sufficient evidentiary basis, you may argue that you should be cleared of suspicion.

If the messages, photos, or videos of an obscene nature were exchanged with mutual consent, you can collect the exchanged content as evidence and use it to seek leniency in punishment.

Therefore, if you are involved in such a case, we urge you to undergo the police investigation together with legal counsel so that you can present a consistent and favorable response backed by logical grounds.

Because we have experience conducting investigations ourselves, we are able to respond effectively to investigations.

Our attorneys at LAWFIRM LEAP have worked at Kim & Chang and Bae, Kim & Lee, the largest law firms in Korea, handling a variety of sex crime cases, and, as former police officers, they have in-depth and effective know-how for responding to the initial stages of an investigation.

Therefore, if you are facing a case involving obscene acts using a communication device, we encourage you to work with an attorney at LEAP to begin analyzing the case from the outset to accurately assess the situation and develop a strategy for a favorable outcome.

From the beginning to the end of the case, the attorney in charge personally handles the matter, and we promise to deliver the best possible results by developing a customized strategy tailored to each client's situation.

If, after reading what we've shared today, you would like to work with LEAP, please contact us promptly at the phone number below.

Legal professionals who thoroughly understand the investigation process will find the solution you need.

Thank you for reading this long article.