Overview of the case (facts)
The client was the victim of sexual harassment and humiliation by a coworker. The accused engaged in groping behavior, including forcibly kissing her after a dinner party, and continued to humiliate her in the workplace, including degrading her appearance and making sexual jokes.
The client had been suffering alone for a long time due to workplace hierarchy and fear of being known by her family, but the defendant's continued harassment was too much for her to bear, and she had the courage to come to us.
Case Issues (Case Features)
As a workplace sexual offense case, the key issue was to prove the accused's guilt through the victim's consistent testimony and objective evidence, and to ensure that he was appropriately punished.
Assistance from the warm river
Ong Kang's defense team was committed to protecting the client's rights through a systematic and professional defense strategy.
1. Proving the consistency and credibility of the victim's statements
We systematically prepared our client to make consistent and specific statements from law enforcement investigations to court testimonies. In particular, we organized the circumstances before and after the molestation, the specific sun, and her emotions at the time in detail to ensure the credibility of her statements.
2. Obtaining and presenting objective evidence
We utilized the client's diary as a key piece of evidence to objectively prove the emotions and circumstances recorded in the immediate aftermath of the attack. The format and content of the diary convinced the court that it was a true record of the time and not a fabrication.
3. Securing witnesses and preparing testimony
Testimony from coworkers proved that the defendant's insulting remarks actually occurred. We also secured eyewitness testimony about the specific insulting remarks to clarify the contempt finding.
4. Overcoming victimization bias
We overcame victimization bias by explaining the different ways in which victims of sexual assault respond and the nature of workplace hierarchy in the legal context, including the fact that she did not immediately report the assault and continued to interact with the accused on a daily basis.
5. Medical evidence of harm
The client submitted a diagnosis of "acute stress reaction, post-traumatic stress disorder" and ongoing counseling treatment records from a mental health department after the incident to objectively prove the severity of the harm.
6. Expert defense in court
Systematically refuted the defendant's claims of innocence and inconsistencies at trial and on appeal, clearly pointing out the credibility of the victim's testimony and the contradictions in the defendant's statements.
7. Protecting victims and preventing secondary victimization
We took great care to protect our client from further psychological harm during the court process and responded strongly to any attempts at secondary victimization by the accused.
Results
The Chuncheon District Court sentenced the defendant to eight months in prison. Both the defendant and the prosecutor appealed, but the appellate court of the Chuncheon District Court rejected both the defendant's and the prosecutor's appeals, confirming the first-instance judgment.
The court found the victim's statements to be consistent, specific, and credible, and recognized that the defendant's acts of molestation and humiliation were clearly established. The client was relieved of her long suffering and saw justice served.
Case outcome materials
