[Complete Guide] How to Get the Perpetrator Punished and Obtain Compensation for Forearm Molestation

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

If you are reading this, you are likely facing a criminal complaint for indecent assault by force or a similar offense.

This offense, as defined under the Criminal Act, is known to be established when force or intimidation is used against the other party's will, causing sexual displeasure or humiliation.

However, unwanted physical contact carried out by someone of higher social standing in the workplace may constitute this crime even without any force or intimidation, since it may be recognized that implicit coercive power arising from the hierarchical relationship was exerted.

Therefore, if you have experienced discomfort or sexual humiliation due to unwanted physical contact by a superior in the workplace, you need to find a way to stop the harm.

To stop conduct such as forearm molestation, which frequently occurs in workplaces, various measures can be taken, including a criminal complaint, a civil claim for damages, and referral for internal disciplinary action.

However, since the superior may claim there was no sexual intent behind the conduct, it is necessary to secure physical evidence before the initial investigation and to respond in a way that avoids legally unfavorable outcomes.

With that in mind, today, together with LAWFIRM LEAP, which has numerous sex crime specialists, we will explain how to obtain proper punishment and compensation for this type of harm.

At LAWFIRM LEAP, our attorneys, who have experience at major law firms and in the police, have handled numerous sex crime cases, and as a result, we know the know-how for the initial investigation stage that can work favorably from the police's perspective, allowing us to guide the investigation stage in a positive direction.

If you are looking for a solution to this issue, please contact us as soon as possible.

01Why does the initial statement matter in cases of forearm molestation?

Depending on the circumstances, this offense may be punished under charges such as indecent assault by force, indecent assault in the course of business, or indecent act in a crowded place.

If such harm occurred in the workplace, punishment for indecent assault by force or indecent assault in the course of business is possible.

02Article 298 of the Criminal Act (Indecent Assault by Force)

A person who commits an indecent act against another through violence or intimidation shall be punished by imprisonment for not more than 10 years or a fine not exceeding 15 million won.

However, due to the unique nature of the workplace, some victims, fearing that they—rather than the perpetrator—may be disadvantaged and forced to leave the company, hesitate to file a direct criminal complaint and instead only report the matter to the company.

The problem is that since companies generally do not want to escalate such matters internally, they often close the case with only a minor disciplinary measure, such as a pay cut.

As rumors spread within the company and the victim is forced to continue working alongside the perpetrator, the victim often ends up leaving the company.

Therefore, in such situations, it is important to obtain legal assistance to accurately establish the facts and secure appropriate compensation for the matter.

First, in cases occurring at work, even without violence or intimidation, punishment is possible because an implicit threatening situation is deemed to exist when the other party holds higher social standing.

However, since the other party may claim that touching the forearm was meant as encouragement, the initial statement must clearly establish the circumstances under which the act occurred and the sexual humiliation or shame felt as a result.

Because one's own statement carries significant weight in sex crime cases, rather than being swayed by emotion, it is advisable to clearly establish the facts and receive the assistance of legal counsel rather than undergoing questioning alone.

Since it is necessary to consistently and specifically explain and prove the circumstances of the incident while considering all legal elements required for punishment, it is advisable to go through the initial investigation together with a legal professional who has handled numerous sex crime cases.

03Why is the assistance of an experienced attorney necessary in forearm molestation cases?

Even when the facts of the matter are clear, establishing legal proof is essential.

However, since it is practically difficult for an individual to collect evidence objectively proving the case on their own, one must actively respond by logically explaining the situation and ensuring that the harm suffered is not minimized.

Once criminal liability for the matter is established with the help of an experienced attorney, the other party may offer to settle in order to mitigate their own criminal liability.

At this point, it is important not to simply accept the other party's terms in settlement, but to clearly communicate what you want and negotiate accordingly.

In addition to securing the maximum possible settlement amount, since continuing to work together may be difficult, it is necessary to obtain measures such as a transfer to another department, a non-disclosure commitment, and a no-contact agreement, along with a promise to prevent recurrence.

Therefore, with the assistance of a professional who has handled numerous similar cases, the matter can be resolved favorably without having to directly confront the perpetrator, and a sincere apology and compensation can be obtained.

In this type of case, proving the alleged facts is not something the investigative authorities will do for you.

Therefore, you must actively confront the situation and provide proof, rather than concealing or avoiding it.

However, since going through this process alone can be emotionally difficult, we urge you to resolve the matter together with an experienced attorney.

Because we have experience conducting investigations, we are well equipped to respond to investigations.

Our attorneys at LAWFIRM LEAP have handled numerous sex crime cases while working at Kim & Chang and Bae, Kim & Lee, two of Korea's largest law firms, and, as former police officers, have conducted numerous initial investigations, which are critical in sex crime cases.

We have extensive know-how in proving evidence, allowing us to present our clients' positions favorably.

With LAWFIRM LEAP, which possesses in-depth know-how for responding to police investigations, attorneys with experience at major law firms and in the police will directly support you from the beginning to the end of the case, and we will guide you toward the best way to protect your rights and interests and obtain compensation.

If you have not found a solution based on today's information alone, please feel free to contact LEAP at any time.

We will protect our clients' personal information while providing thorough assistance tailored to their specific situation, starting with responding to investigations by the authorities.

Thank you for reading this long article.