Can Indecent Assault Committed While Extremely Intoxicated Result in a Non-Indictment or Suspended Indictment?

We are LAWFIRM LEAP, where three attorneys from a large law firm and with police backgrounds work together as a team to handle cases.

If you are reading this article, you are likely facing the risk of punishment for quasi-indecent assault by force and are looking for an initial-response strategy ahead of a police investigation.

Among various sex offenses, this crime is established when a person, taking advantage of a victim's state of unconsciousness or inability to resist due to alcohol or drug consumption, touches the victim's body or engages in similar conduct that causes sexual humiliation.

In particular, quasi-indecent assault committed while a victim is extremely intoxicated may result in an actual prison sentence even if the victim did not express refusal, because the state of unconsciousness or inability to resist is still recognized. Therefore, you must respond systematically from the very start of the investigation.

In that regard, today the expert attorneys of LAWFIRM LEAP, who have experience at large law firms and as former police officers, will explain the initial-response strategy for obtaining a suspended indictment or non-indictment during the investigation stage in this type of case.

If you are someone who was falsely accused and must prevent a criminal record, please read this article carefully and entrust your case to LAWFIRM LEAP.

Although it is realistically difficult to obtain leniency in this matter, our sex-crime experts at LEAP, who have in-depth know-how in responding to investigations, will stand by your side and find a solution.

01What Is the Punishment and Requirements for Quasi-Indecent Assault While Extremely Intoxicated?

Quasi-indecent assault by force, as defined under Article 299 of the Criminal Act, is the charge applied to a person who takes advantage of another's state of unconsciousness or inability to resist to engage in forced physical contact.

If the charge is established, the offender may face imprisonment of up to 10 years or a fine of up to KRW 15 million.

02Article 299 of the Criminal Act (Quasi-Indecent Assault)

A person who commits an indecent act by taking advantage of another's state of unconsciousness or inability to resist shall be punished in accordance with Article 298.

This offense carries a very high sentencing standard, and if a punishment of a fine or higher is imposed, the offender must comply with sex-offender protective measures and must also defend against having a criminal record.

The protective measures referred to here include having one's personal information as a sex offender registered and disclosed for up to 30 years, as well as orders such as electronic monitoring devices, employment restrictions, visa restrictions, and mandatory education programs.

Even if the sentence is successfully mitigated, a conviction resulting in a fine or higher still leads to a criminal record and the obligation to comply with protective measures. Therefore, it is best to obtain a suspended indictment or non-indictment at the investigation stage and close the case there.

Accordingly, if you have received a complaint on these grounds, you should, with the assistance of an experienced attorney, accurately confirm the facts and applicable legal standards, and prepare an initial-response strategy based on a well-founded position to obtain a favorable outcome.

Only then can you avoid being unjustly branded a sex offender or suffering an excessive prison sentence.

03If the Charge of Quasi-Indecent Assault While Intoxicated Is Established, Aim for a Suspended Indictment

In this matter, if the charge is found to be established under the applicable legal standards, you should acknowledge your wrongdoing and show remorse during the police investigation, while demonstrating that the act was not intentional.

You must make efforts to reduce legal liability by proving that the incident occurred impulsively and that you yourself were also intoxicated at the time.

In addition, you should express an apology to the victim and reach a settlement as quickly as possible.

Since there is no fixed standard for criminal settlement amounts, you must review similar precedents and propose and negotiate an appropriate settlement amount.

Rather than handling this personally, it is more effective to obtain the assistance of legal counsel to persuade the victim.

You must also secure favorable settlement documents, a letter of non-punishment, and other sentencing materials needed to reduce the sentence, and proceed accordingly.

If your initial statement and consistent sentencing materials are presented, you can sufficiently obtain leniency in the form of a suspended indictment and avoid a criminal record in this matter.

04How to Prove Non-Indictment for Quasi-Indecent Assault While Intoxicated

If you have received a complaint on these grounds and wish to argue innocence, you must prove that the other party was not in a state of unconsciousness or inability to resist.

In other words, it is important to show that the physical contact was consensual and that the other party was in a condition to make such a judgment.

To find the legal grounds to prove this, you need the judgment and analysis of an attorney with extensive experience handling such cases, and you must present a consistent and credible argument together with your legal counsel from the initial statement throughout the entire investigation process.

Additionally, if a thorough review of the victim's complaint and statement reveals a lack of supporting evidence or contradictions in the account, it may be possible to sufficiently argue for innocence.

Evidence for this can be found by analyzing CCTV footage from bars, streets, or lodging facilities, and there is a good chance of success if witness statements or footage can prove that the other party was not, in fact, extremely intoxicated.

In addition, messages showing the other party expressing interest after the alleged date of the incident may serve as circumstantial evidence that the alleged crime is unlikely to have occurred.

However, proving non-indictment is realistically very difficult, and in particular, you should remember that quasi-indecent assault can be established even without violence or intimidation, so it applies to many situations. We recommend addressing the case with the assistance of legal counsel.

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

Today, we explained how to respond when accused of quasi-indecent assault by force, including the requirements for establishing the offense and methods for proving innocence.

This matter is a sex-crime case within criminal proceedings where the initial response is extremely important. Therefore, responding with the support of an experienced attorney and law firm with substantial police-investigation know-how is advantageous for resolving the situation.

The attorneys at LAWFIRM LEAP are experts with careers at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee, as well as backgrounds as former police officers, and they help suspects in serious cases like this one steer the investigation in a favorable direction.

With in-depth investigative know-how, we promise to present an accurate situational analysis and proof methods tailored to the client's position, and to obtain a suspended indictment or non-indictment decision.

Therefore, if you are looking for attorneys who truly understand your situation, please consider working with us at LEAP.

Thank you for reading this long article!