Victim of a false indecent assault complaint? Here's how to argue false accusation.

If you are reading this article, you are likely facing a complaint alleging indecent assault.

Being implicated in a sex offense can result in severe criminal punishment, including imprisonment, and because public perception of sex offenses is negative and compliance with protective measures may also be required, it can significantly restrict your social life.

In particular, if you have been accused of conduct you did not commit, an unjust punishment could leave a permanent mark on your life. You must therefore respond quickly and gather and prove concrete evidence of your innocence.

However, since these cases often occur in a private setting involving only two people, the statements of the victim or the suspect can be decisive evidence in the investigation, which can put the suspect at a disadvantage even if the accusation is unjust.

Therefore, if you face punishment due to a false accusation of indecent assault, you must promptly obtain legal assistance to properly establish an initial police investigation strategy and respond to the false accusation.

At LAWFIRM LEAP, attorneys with experience at major law firms and the police handle each case, so we understand the police's perspective better than anyone and can offer the best methods to argue your innocence favorably at the investigation stage.

With that in mind, today we will explain how to respond when falsely accused of indecent assault so that you can defend against legal punishment and clear the allegations against you.

01If you face becoming labeled a sex offender due to a false accusation of indecent assault

Indecent assault may be recognized as indecent assault by force under the Criminal Act, and depending on the circumstances, it may fall under various charges such as indecent assault in the course of duty or indecent assault in a crowded place, each with its own penalty provisions.

Under the elements of this offense, if physical contact was forced against another person's will and the other person consequently felt sexual shame or fear, punishment applies.

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

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

However, if a false accusation is filed later over physical contact that was actually consensual, you must quickly clear yourself of the allegations to respond to the resulting severe punishment.

In particular, if you hold a position such as a public official, failing to resolve the case could lead to the loss of your job, so prompt action is necessary.

Especially if the other party's claims are intentional and malicious, it may be more difficult to find evidence, but you must work with an expert who can build a logical, strategic response and find a way to avoid punishment as the alleged offender at the investigation stage.

Also, evidence such as message logs proving that the contact was consensual, positive conversations after the alleged date, prior signs of the other party's interest in you, and CCTV footage from the day of the incident showing the other party initiating physical contact can help establish your case.

Moreover, it is important to consistently assert your innocence during questioning by the investigative agency, and if the other party requests a settlement, you must never settle if you are in a position to prove your innocence.

Since establishing a response strategy tailored to the circumstances before undergoing police questioning allows you to quickly obtain a determination of no suspicion and a non-indictment decision at the investigation stage, you should work with an expert attorney who understands the investigative process well and has relevant experience.

03If you wish to seek punishment for false accusation after being falsely accused of indecent assault

Some people, after fortunately establishing their innocence through a prompt response in such cases, wish to seek punishment for false accusation against the other party for filing a false complaint.

False accusation can be prosecuted if the elements under the Criminal Act are met. Even if you feel wronged, not every case can result in a complaint, so you must work with an expert to organize the legal basis for your grievance and thoroughly prepare to prove the false accusation.

To this end, the key issues are whether the legal elements are met and whether objective evidence supporting them can be found.

Under Article 156 of the Criminal Act, a person who reports false facts for the purpose of subjecting another to criminal punishment or disciplinary action may be sentenced to imprisonment for not more than 10 years or a fine not exceeding 15 million won.

04Article 156 of the Criminal Act (False Accusation)

A person who reports false facts to a public office or public official for the purpose of subjecting another to criminal punishment or disciplinary action shall be punished by imprisonment for not more than 10 years or a fine not exceeding 15 million won.

Also, if a suspect in a sex offense case receives a decision of no suspicion or a not-guilty verdict, a false accusation complaint may be filed.

Furthermore, since a false accusation charge requires not only intent but also proof of a “purpose” behind the act, it is difficult to secure punishment unless the accusation was truly malicious. Even if you feel wronged, we recommend reviewing whether you can pursue a favorable outcome under the guidance of an expert attorney before proceeding.

As such, if you are wrongly implicated in a sex offense such as indecent assault, you not only need a defense to establish your innocence, but also, once your innocence is confirmed, you can clearly demonstrate to the investigative agency that the other party's accusation was malicious to pursue additional punishment. We strongly recommend preparing thoroughly with an experienced attorney in this area.

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

Our attorneys at LAWFIRM LEAP have handled numerous sex offense 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 critical to sex offense cases, giving them in-depth expertise needed to respond to police questioning.

Therefore, if you work with LAWFIRM LEAP, an attorney with experience at a major law firm and the police will personally support your case from start to finish, actively proving the client's position to help minimize legal liability.

If today's article has not fully resolved your concerns, please feel free to contact LEAP at any time.

We will thoroughly prepare a strategy tailored to each client's situation, starting with the response to questioning by the investigative agency.

Thank you for reading this long article.