Sex Crimes Defense Center · Case Type

If you are accused of molestation on the subway,
the issue is whether the contact was intentional

People are sometimes arrested on the spot because their body touched someone on a commuter train. In tightly packed spaces, unintended contact happens often, so how you contest whether there was intent decides the outcome.

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Applicable provision and penalty

Under Article 11 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (the “Sexual Violence Punishment Act”, 성폭력처벌법), a person who commits an indecent act on public transportation, at a performance or assembly venue, or in any other place where people gather faces imprisonment of up to 3 years or a fine of up to KRW 30 million. Unlike indecent assault (officially “indecent act by compulsion”) under the Criminal Act, it is established even without violence or intimidation.

Once a conviction for this crime becomes final, you become subject to personal information registration even with a fine (Article 42). The only crimes not registered when a fine is imposed are violations of Articles 12 and 13.

Points examined when the charge is denied

  • Whether there was intent · Whether the contact came from the train's movement, people getting on and off, or where a bag or hand was positioned
  • Identifying the person · Whether the victim correctly identified the person directly behind them, and whether other passengers were nearby
  • Video · CCTV in stations and trains has a short retention period, so you must apply for preservation quickly
  • Phone · If suspicions of filming were raised as well, you need to check the scope of the forensic examination
Referral provision applying from October 2, 2026 · The amended Article 26-2 of the Sexual Violence Punishment Act abolished the police's power to close sexual violence cases themselves. Every case goes to the prosecutor, and the rule applies equally to cases still under investigation when it took effect. So you must aim for a non-indictment (no suspicion) decision by the prosecutor, not non-referral (the police deciding not to send the case to a prosecutor) at the police stage. What you said to the police is placed before the prosecutor as it is, so how your first statement is recorded matters much more.

If you were arrested in the act

After arrest, questioning often follows immediately at the police station. If, in the confusion, you answer "I might have touched them," it can remain in the record as if you admitted it. You have the right to request that defense counsel take part, so postponing your statement until you can reach counsel is one option.

Frequently Asked Questions

Only my bag touched them, but they say I touched them with my hand.
That very difference is the center of the case. Organize specifically which shoulder the bag was on, what you were holding in your hands, and where you stood relative to the victim, and apply for CCTV preservation first.
If it ends with a fine, isn't that fine?
For this crime, registration applies even with a fine. That is why we aim for a suspended indictment even in cases where the charge is admitted.

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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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