Victim Representation — Indecent Assault and Attempt After a Drinking Gathering, Resulting in a 'Prison Sentence'

Case Overview

This case involved indecent assault by force and attempted indecent assault that took place in a residence in the early morning hours after a drinking gathering. The defendant began touching the victim's body while she was asleep and did not stop after she awoke. Even after the victim made her refusal unmistakably clear, he attempted contact again, in a repeated pattern of offending. The court found that the defendant's conduct constituted quasi-indecent act by compulsion, indecent assault by force, and attempted indecent assault, and sentenced him to six months in prison, ordered him to complete a sexual violence treatment program, and barred him from employment at institutions serving children, juveniles, and persons with disabilities for three years. A major sentencing factor was that the defendant had previously served a prison sentence for a similar offense and repeated the same conduct during the repeat-offender period. His remorse was also unclear, and the court clearly recognized the substantial psychological harm to the victim. The settlement reached with the victim during the trial, however, was given some weight in mitigation.

Our Strategy

From immediately after the incident, our client suffered psychological shock and anxiety that was difficult to put into words, and was isolated, unable to confide easily even in those around her. I prepared meticulously across the entire process, from the initial criminal complaint onward, to protect the victim's psychological defenses. In particular, I concentrated on the credibility of the statements and the construction of the evidence in order to establish that the defendant had reoffended during a repeat-offender period, that he made repeated attempts at contact even after the victim's refusal, and the intensity of the shame and fear the victim experienced. Going beyond a mere recitation of facts, the opinion brief highlighted the repeated and deliberate nature of the conduct so the court would not overlook the essence of the case, and as a result every charge was found proven and a prison sentence was imposed. I also accompanied the victim through the entire settlement process so that she could negotiate under stable conditions without being emotionally manipulated. Settlement is not at odds with punishment; it can be another pillar of the victim's recovery. In this case I achieved both goals, protecting the victim's rights and punishing the perpetrator, and I am confident in the negotiation and strategy that make genuine recovery possible. In sex crime cases, resolve and strategic action must go hand in hand.

Result · 6 Mo Prison

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.

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Attorney in charge: Dongwoo Shin