If You Are Accused of Special Quasi-Indecent Assault by Force, Defend Yourself 'This Way'

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

Among those reading this article, some of you may be facing an upcoming police investigation on charges of special quasi-indecent assault by force.

This offense involves a special aggravating element, and compared to simple quasi-indecent assault by force, it carries aggravated punishment and is treated as a more serious crime, often resulting in actual imprisonment.

Therefore, you may face not only detention but also a criminal record as a sex offender.

In addition, you may be subject to protective measures such as registration and disclosure of personal information, electronic monitoring, and employment restriction orders, so finding prompt remedies is essential to obtaining a favorable outcome.

Therefore, in your initial statement, you must avoid making the offense appear intentional and premeditated, and instead clarify that it was an impulsive incident in order to secure mitigating consideration.

With that in mind, today the expert attorneys of LAWFIRM LEAP, who have experience at major law firms and the police, will explain how to secure leniency in this matter.

If you are facing an imminent investigation, please consult with LAWFIRM LEAP, known for its outstanding expertise in responding to investigations, so that you do not miss the golden hour and can present your position favorably.

01What Constitutes Special Quasi-Indecent Assault by Force?

Under the Criminal Act, quasi-indecent assault by force is punishable when a person exploits another's state of unconsciousness or inability to resist to make physical contact against that person's will.

If, during the incident, the offender carried a weapon or other dangerous object, or two or more persons acted jointly, the offense becomes special quasi-indecent assault by force.

Act on Special Cases Concerning the Punishment of Sexual Violence Crimes, Article 4 (Special Quasi-Rape and Quasi-Indecent Assault by Force, etc.) (1) A person who commits the offense under Article 299 of the Criminal Act (quasi-rape, quasi-indecent assault by force) while carrying a weapon or other dangerous object, or by acting jointly with two or more persons, shall be punished by imprisonment with labor for not less than five years.

Typically, this offense may be recognized where a person attempts physical contact with an intoxicated party while drinking together, and conspires with a third party who was also drinking to commit the act.

In addition, the offense may also be recognized if the offender used a common everyday object, such as a mobile phone, rather than an obvious weapon such as a knife, to make threatening gestures.

Since this offense carries a high statutory sentence, and detention may proceed if the victim's condition is severe, you should work with an expert attorney to review the circumstances, determine whether the offense actually applies, and confirm options for leniency before responding.

In particular, for the offense to be established, it must be proven that the victim was in a state of unconsciousness or unable to resist.

If the other party retained enough consciousness during the physical contact to express their intent, unconsciousness cannot be claimed, which changes the applicable charge, and if it is found that the act occurred with mutual consent, punishment can be avoided.

Therefore, if you believe you are being unfairly accused or the legal issues are difficult to assess, do not go into a police interview and give a statement without first consulting an expert attorney to verify the legal standards.

In such cases, it is advisable to seek the help of an expert with extensive experience and know-how in handling these types of cases.

02How to Defend Against Sentencing for Special Quasi-Indecent Assault by Force?

This offense carries a heavy penalty for indecent assault, and even where there is no direct evidence, the offense can be established even without accompanying violence or intimidation, or without the victim expressing refusal, which can put the suspect at a disadvantage.

Also, if the victim provides a consistent statement, the offense is likely to be recognized, so you must quickly find rebuttal evidence and prepare your statement.

Therefore, securing evidence through case analysis is of the utmost importance in this matter.

For this reason, it is necessary to work with a sex crime expert who can properly review the legal elements of the offense and find evidence to support a claim of being cleared of suspicion.

You must therefore act quickly to secure CCTV footage from the scene or witness statements to prepare for the initial investigation.

It can also help resolve the matter to review the victim's claims, collect the complaint and statements, and identify and prove any contradictions or points that can be rebutted in the opposing party's assertions.

In such matters, it is important to systematically review the case from the outset and properly determine your initial position before responding.

This is because giving statements inconsistent with the evidence, later retracting statements, or making statements unsuitable as sentencing materials can all work against obtaining leniency.

Therefore, you should first decide whether to admit the charge or claim innocence, and then work to obtain the best possible outcome for your situation based on solid grounds.

Because we have experience conducting investigations, we can respond effectively to investigations.

The attorneys of LAWFIRM LEAP are sex crime experts with experience at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee, as well as backgrounds as police officers, and can help suspects in serious cases such as special quasi-indecent assault by force by suggesting favorable investigative directions and assisting with evidence collection.

With in-depth investigative know-how, we will analyze your situation as a client and propose methods of proof suited to your case.

Therefore, if you are facing a police investigation in this matter, please establish your initial strategy together with us.

In sex crime cases, you must systematically review your situation from the earliest stage of the investigation—before the golden hour, meaning the investigation stage, ends, so if you are looking for experts who can accompany you from the police investigation through to trial, please request a consultation with LEAP.

Our attorneys, who understand your situation better than anyone, will work with you to devise a winning strategy.

Thank you for reading this long article.