Successful Case: Indecent Assault by Force Allegation Involving a Part-Time Worker

In this article, we introduce a case in which we assisted a client under investigation for allegedly committing indecent assault by force against a part-time café worker, resulting in a Not Referred to Prosecution (Cleared of Suspicion) decision at the police investigation stage due to insufficient evidence.

01What Is Indecent Assault by Force?

Article 298 of the Criminal Act provides that a person who commits an indecent act against another through assault or intimidation shall be subject to imprisonment for up to 10 years or a fine of up to KRW 15 million. This is by no means a minor offense.

Where the victim is a minor or a person with a disability, heavier penalties may apply depending on the specific conduct and the applicable statutes. Anyone involved in such a case should carefully review the facts and applicable law with an attorney from the earliest stage of the investigation.

02Case Overview

The client, a religious figure and café owner, came under investigation for indecent assault by force after allegedly grabbing the shoulder of a female part-time worker at the café and pulling her toward himself.

The complainant stated, in essence, that “the café owner suddenly grabbed my shoulder and pulled me toward him.”

The investigation record contained further statements to the same effect. LAWFIRM LEAP examined each statement to determine whether it was consistent with the surrounding circumstances and objective evidence.

The client admitted to having touched the worker's shoulder but explained that he had done so only to encourage an employee who appeared to be struggling, with no sexual intent whatsoever.

03LEAP's Defense Strategy

LAWFIRM LEAP closely compared the statements of both parties and analyzed objective circumstances, including the location where the incident allegedly occurred, the surrounding conditions at the time, the presence of CCTV, and the likelihood of witnesses.

The location where the incident allegedly occurred was an open space where people regularly passed by, and CCTV was installed there. While the mere fact that a location is public does not automatically rule out the possibility of indecent assault by force, it served as important material for assessing whether the complainant's statement was consistent with the surrounding circumstances.

We also submitted, as supporting context, the fact that the client had worked at the same workplace for 38 years without ever having been investigated for a similar issue. While this alone does not prove innocence, it was used to provide a comprehensive account of the client's ordinary conduct and the background of the incident.

04Investigation Outcome: Not Referred to Prosecution (Cleared of Suspicion)

LAWFIRM LEAP organized the client's statements consistently and specifically identified the points that needed to be verified between the complainant's allegations and the objective circumstances. As a result, the police determined that the evidence was insufficient and issued a Not Referred to Prosecution (Cleared of Suspicion) decision.

05Early Response Is Critical in Indecent Assault by Force Cases

In sex offense cases, direct physical evidence may be limited, making the specificity and consistency of the parties' statements, as well as the objective circumstances before and after the incident, important considerations. This does not mean, however, that the outcome is automatically determined by the complainant's statement alone; the investigating authority considers the evidence as a whole to determine whether the allegation is established.

The direction of the defense may vary depending on which facts are admitted or disputed, and which materials are preserved and submitted, from the earliest stage of the case. If you have been contacted by an investigating authority, do not contact the other party directly or delete any materials; instead, review the specific facts and evidence with an attorney before the interview.

※ This article introduces a case with the client's consent, after removing personally identifiable information. A successful case outcome does not guarantee the same result in similar cases, as the outcome of any case depends on its specific facts and evidence.