How to Avoid Prison for Repeat Indecent Assault? Response at the Investigation Stage Is Critical!

Some of you reading this may have unexpectedly been booked on suspicion of 'indecent assault' and are now facing an upcoming investigation.

You may be especially worried about receiving an actual prison sentence this time if you have a prior record for a similar offense.

That concern is well founded. For sex offenses, when a repeat offense is detected, intent and habituality are more readily recognized, making leniency difficult to obtain, and legal responsibility is assessed more heavily.

In particular, for a high-penalty offense such as indecent assault, the likelihood of detention is also high, so it is important to give a proper initial statement during the Police Investigation to demonstrate to the investigative authority that you are not a 'sex offender' acting with intent and habituality.

Moreover, only by properly understanding and responding to what the investigative authority is looking for during the police investigation can the case be resolved at the investigation stage with a Suspended Indictment, without being referred to the Prosecution.

With that in mind, today the 'former police officer Attorneys' of LAWFIRM LEAP would like to share effective initial response strategies to reduce punishment for those facing potential penalties in such cases.

We will provide a comprehensive summary of the sentencing standards and range for repeat indecent assault offenses, as well as how to avoid a criminal record through a Suspended Indictment, so we recommend you take just 3 minutes to review the following.

01For Repeat Indecent Assault, You Must Prove the Act Was Not Habitual

'Indecent Assault by Force' under Article 298 of the Criminal Act applies when a person forcibly commits an indecent act against another through violence or intimidation, depriving the victim of their sexual self-determination.

This offense is a sex crime punishable by up to 10 years' imprisonment or a fine of up to KRW 15 million, and a disposition of a fine or greater results in a criminal record and mandatory compliance with sex offender protective measures.

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.

The applicable charge—and consequently the outcome—can vary significantly depending on the relationship with the victim, the degree of the indecent act, the location, and the suspect's prior record for similar offenses.

If you are caught again for indecent assault, and it is found that the offense was indeed committed habitually, the likelihood of pretrial detention is high.

Punishment for repeat offenses tends to be harsher because committing the same offense again despite having received leniency previously is generally seen as evidence of intent, and the court is likely to conclude that there is a high probability of reoffending.

Therefore, in the police investigation, it is necessary to logically present an initial statement asserting that, although you are a repeat offender, the act was impulsive and not habitual.

You must also strategically review, based on the applicable legal requirements, whether there is any way to reduce legal liability, and determine what points should be emphasized to the investigative authority to obtain leniency.

For this, you need the assistance of an attorney with a background as a former police officer who understands the investigative authority and the investigation process.

As the saying goes, only someone who has conducted investigations knows how to respond to one. An attorney with a police background understands the position the police are likely to take on the case and how to persuade them, and can advise on how to prevent the case from being indicted and referred to the Prosecution.

03How Can You Avoid Detention for Repeat Indecent Assault?

As mentioned above, if you have been reported for this offense, it is essential to respond properly at the initial investigation stage.

To form a proper initial response position, you must work with an expert to carefully review the complaint and the victim's statement, comprehensively consider the circumstances of the case, and accurately assess your own situation.

Of course, if the charge is found to be substantiated in this process, being a repeat offender may work against you. You should therefore review the prior case and establish grounds to prove the absence of intent—for example, by showing that, although this is a repeat offense, the incident was impulsive, that you believed the other party had consented to physical contact, or that you were unable to exercise proper judgment due to intoxication.

Nevertheless, you must also demonstrate genuine remorse during the investigation for having become involved in this offense again.

It is important to show a sincere and remorseful attitude during the police investigation and to actively convey to the 'investigative authority' your willingness to reach a settlement with the victim and genuinely compensate for the harm caused.

In sex offense cases such as indecent assault in particular, settlement with the victim is a key sentencing factor, so you should avoid hasty responses and instead retain a specialized defense attorney to promptly pursue a settlement.

You should also gather as many mitigating factors as possible—such as the minor nature of the incident, the victim's wish for leniency, and the risk of losing your job if given a harsh sentence.

Only then can you obtain a Suspended Indictment at the investigation stage and resolve the matter without a criminal record or sex offender protective measures.

If a criminal complaint has not yet been filed, it is even more important to reach a settlement through legal counsel quickly, before the complaint is filed.

This requires the assistance of an attorney specializing in sex offenses and one with a former police background who is well versed in the investigative authority's practices.

Only then can you implement effective measures from the police investigation stage onward and respond to the entire process flexibly and consistently.

When booked for a repeat indecent assault offense, the applicable charge and the appropriate initial response—beyond what has been described today—will vary depending on individual history and the circumstances of the case.

Therefore, you should consult an expert who understands these nuances and can respond accordingly.

The Attorneys at LAWFIRM LEAP are able to provide comprehensive responses to civil and criminal disputes, drawing on experience handling a wide range of legal disputes at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms.

In particular, since our former police officer Attorneys handle each case directly, they understand the position and approach the investigative authority is likely to take and can provide tailored responses accordingly, which is advantageous in securing a favorable outcome.

At LEAP, our criminal law experts with police backgrounds handle every step personally, from one-on-one consultations to trial defense, working diligently to find ways to minimize our clients' legal liability.

We hope you find the optimal solution for your situation and avoid becoming a registered sex offender.

Thank you for reading this long article today.