Sex Crimes Defense Center · Case Type

If you are accused of indecent assault,
what you say at the first questioning follows you to the end

In indecent assault cases, it is common for only the parties' words to remain, with no witnesses or video. So investigative agencies first check whose statement is consistent from beginning to end. If you have received a summons, calmly organize what happened with your defense counsel before questioning.

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What conduct counts as indecent assault?

Article 298 of the Criminal Act punishes committing an indecent act on a person by means of violence or intimidation, with imprisonment of up to 10 years or a fine of up to KRW 15 million. Court precedents hold that the violence need not be enough to make the other person unable to resist; the physical force applied to the body can itself be regarded as the indecent act. Suddenly touching someone's body can fall under this as well.

Taking advantage of the other person being asleep from drinking or in a hazy mental state is quasi-indecent act by compulsion under Article 299 of the Criminal Act, with the same penalty as indecent assault. Committing an indecent act through deception or force within a relationship of direction and supervision, such as between a boss and a subordinate, raises indecent acts by abuse of occupational authority, etc. under Article 10 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (the “Sexual Violence Punishment Act”, 성폭력처벌법), which provides imprisonment of up to 3 years or a fine of up to KRW 15 million.

What we check when the charge is denied

  • How the contact happened · Whether the contact could have occurred without indecent intent, such as catching someone who was falling, bumping into someone in a crowded place, or horseplay
  • Where the statement changed · Whether what the complainant first said and later said differ in time, place or the manner of the act
  • Traces before and after the incident · Messages exchanged right afterward, the route the two of you took together, the memories of people nearby, and card usage records
  • Objective materials such as video · Nearby CCTV has a short retention period and will be erased if you do not act quickly
Investigation flow changed as of October 2, 2026 · Because of the new Article 26-2 of the Sexual Violence Punishment Act, the police can no longer close sexual violence cases themselves and must refer all of them to the prosecutor. Cases under way on the effective date are no exception. It is now hard to hope for the case to end at the police level with non-referral (the police deciding not to send the case to a prosecutor), so the goal ultimately becomes a non-indictment (no suspicion) decision by the prosecutor. Police statement records follow the case as they are, so you should put more effort into the first questioning.

The goal in cases where the facts are admitted

If the act itself is hard to dispute, we aim to conclude the case with a suspended indictment or a fine and to reduce the follow-on disadvantages, such as personal information registration and employment restrictions. A settlement with the victim is the most heavily weighted circumstance in sentencing, but if the suspect makes contact personally, it can lead to accusations of secondary victimization or threats, so it must go through defense counsel.

Once a conviction for indecent assault becomes final, you become subject to personal information registration even with a fine (Article 42 of the Sexual Violence Punishment Act). Whether the case ends with a suspended indictment or a fine makes a great difference to your life afterward.

Frequently Asked Questions

I was drunk and do not remember what happened that day. What should I say during questioning?
If you fill memory gaps with guesses, your statement is likely to be seen later as having changed. It is safer to distinguish what you remember from what you do not, and to check the gaps with materials such as payment records, chat records and travel routes.
The complainant's side is demanding what seems like an excessive settlement amount.
Do not judge by the amount alone; look together at the state of the evidence, the expected decision, and the terms to include in the agreement (no wish for punishment, no approach, etc.). If a settlement proves impossible, a criminal deposit can be considered, but a deposit made while the victim refuses may be given only limited weight in sentencing.
Can the case end with non-referral at the police stage?
Since October 2, 2026, the police refer all sexual violence crimes to the prosecutor. Therefore, you should prepare opinion letters and evidence from the start aimed at a no-suspicion decision by the prosecutor.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026

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