Non-Prosecution On Defamation and Sexual Molestation in Military

Cha&Kwon Law Offices successfully proved innocence and received non-prosecution disposition of a client (hereinafter “client A”) who was accused of ‘defamation’ and ‘sexual molestation in military’ from his junior (hereinafter “junior B”) while serving his military service as national guard.

While he was faithfully serving his military service, he was accused of ‘defamation’ and ‘sexual molestation’ from his junior who argued that “client A had continuously done behaviors that humiliates me in public and molested me against my will by behaviors such as grasping parts of my body.” However, client A pleaded his innocence because he had not done such behaviors.

Cha&Kwon Law Offices clarified fact relations by conducting detailed interviews. Moreover, to clarify whether the acts of crime argued by the accuser is possible, Cha&Kwon Law Offices secured as much evidence as possible on the circumstances such as situations of the scene in the military camp, movement path, existence of security cameras, work journals, visiting records of facilities such as gyms, usual behaviors of client A in the military, motive of accusation of junior B, and statements from acquaintances, etc. The accuser had reorganized a detailed and accurate fact relations based on the secured evidence and submitted several written statements to investigation agencies in the military and to the prosecutor. As a result, client A could receive non-prosecution disposition from the military prosecution and could focus on his military service.

In the case of sexual offense cases such as sexual molestation that do not leave any clear evidence, consistent statement from the accuser usually confirms the crime case because there is no other realistic evidence apart from the accuser’s statements. If unfairly accused of sexual offense, it is required to (1) find logical contradictions in the suspected crime and (2) secure evidence/ resources of the crime scene (disposition of objects, movement paths, physiques and postures of people concerned, etc) in order to (1) prove that the accuser’s arguments are false and to (2) provide detailed descriptions on the truth and finally (3) provide supportive evidence to the investigating agencies. For such actions, a focused interview is a must.

If an attorney does not question in detail during the interview on facial expressions, postures of the people concerned, dispositions of objects, lightings, vision, and movement paths, clients would not be able to use such information because they do not know its importance even when there are decisive evidence or circumstances that could be used. Moreover, even when each evidence seems unimportant and trivial, it could become one decisive evidence if combined altogether.  

By by proceeding detailed interviews and collecting supportive evidence that could prove the innocence of our client, Cha&Kwon Law offices have received non-prosecution dispositions for our clients in several cases.