Case Record · Sex Crimes
[Indecent Assault by Force] Defense Resulting in Not Referred to Prosecution at the Investigation Stage
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Case Details
The client, a religious figure, came under investigation for indecent assault by force on suspicion of grabbing the shoulder of a female part-time worker at a café he managed and pulling her toward himself.
Client's Request
The client maintained his innocence, stating that he had no sexual intent whatsoever and that the contact was merely a gesture of encouragement, such as patting her on the shoulder.
LEAP's Solution
Drawing on numerous successful case experiences and LEAP's own special know-how, LEAP closely examined the alleged conduct for inconsistencies with common sense or logical leaps, in order to establish the best possible defense strategy and find a way to clear the client of suspicion.
① We strategically defended the client by emphasizing that the victim's statements were not objective and did not align with general common experience.
First, LEAP's defense team focused on the location where the incident allegedly occurred.
The location where the victim claimed the incident occurred was an open, public area, and at the time, there were other people nearby and CCTV cameras present. We argued to the investigative authority that if the client had truly intended to commit indecent assault, he would have lured the victim to a private location nearby, rather than the actual location of the incident, where the risk of discovery was high.
② At the same time, we emphasized that the client, in his capacity as a religious figure, had for decades engaged in minor physical gestures such as patting shoulders as a form of religious encouragement, without any sexual or other improper intent, and without any issues arising.
Case Outcome
DISPOSITION
Not ReferredUltimately, through LEAP's strategic and proactive assistance, the client avoided what could have resulted in legal punishment and received a Not Referred to Prosecution decision due to insufficient evidence at the police investigation stage.
Why You Need the Assistance of a LEAP Attorney
First, in cases of indecent assault by force, investigative authorities and courts often view the offense unfavorably, and the severity of punishment is increasing.
Furthermore, in sex crime cases, there is often a lack of objective and direct evidence proving the alleged harm. In such cases, from a gender-sensitive perspective, the circumstances of the incident and the specific facts and special circumstances faced by the victim are taken into account, meaning the victim's statement can serve as powerful evidence.
Therefore, if the true nature of the case is not accurately understood and a strategic approach is not taken based on thorough analysis, it can be extremely difficult to challenge the credibility of the victim's statement.
Accordingly, the outcome of a case can be completely reversed depending on who you work with and how you strategically respond from the earliest stage. We therefore recommend seeking the assistance of a LEAP attorney with a proven track record and extensive experience successfully handling similar cases.
Case outcomes may vary depending on the specific facts and evidence, so it is important to organize records and identify the issues from an early stage.