Author: lawfirm DH (Responsible Attorney) This content has been prepared in compliance with the Attorney-at-Law Act and the Korean Bar Association advertising regulations.
When you receive news that a complaint has been filed alleging sexual assault, many people feel at a loss as to "where to start." Even if you are confident that the other party's accusation is false, the criminal procedure itself imposes considerable burden on the accused. Below, we organize step-by-step the core legal principles of false accusation cases, response procedures, and counter-accusation strategies.
If You Have Been Unfairly Accused of Sexual Assault in Busan — Start by Understanding the Core Structure of False Accusation Cases
Even if you are accused of sexual assault, if it is proven that the other party's accusation is false, a counter-accusation for false accusation under Criminal Code Article 156 is possible. At the same time, it is a common approach to pursue a defense strategy for a "no probable cause" determination on the original charges.
According to the National Law Information Center, Criminal Code Article 156 provides that "a person who makes a false report to a government office or government official for the purpose of subjecting another person to criminal punishment or disciplinary action shall be punished by imprisonment for not more than 10 years or a fine not exceeding 15 million won."
However, the initial response direction — whether to prioritize a "no probable cause" defense or to pursue a counter-accusation — varies depending on the evidence currently gathered and the specific facts of the case. This is why case-by-case determination is absolutely necessary.
Key Points (3 items) ✓ False accusation in a sexual assault case constitutes a violation of Criminal Code Article 156, with a statutory penalty of imprisonment for not more than 10 years or a fine not exceeding 15 million won. ✓ A "no probable cause" disposition does not automatically establish false accusation against the accuser. ✓ The initial strategy direction should be determined after first organizing the evidence situation and factual circumstances.
[Definition Confirmation] What is False Accusation? The false accusation offense under Criminal Code Article 156 is not established simply because the content of the accusation differs from the facts. It is established only when a person knowingly makes a false report with the intent to subject another person to criminal punishment. If a report was made in good faith misunderstanding, it may not constitute false accusation.
Requirements for False Accusation, Sentencing Standards, and Investigation Procedures — Core Issues Based on Statutes and Supreme Court Precedent
Three Requirements for Establishing False Accusation
For false accusation to be established, all three of the following requirements must be proven.
| Requirement | Content | Practical Points |
|---|---|---|
| Intent (Dolus) | Reporting while knowing it is false | Good faith misunderstanding may result in intent not being recognized |
| Falsity | Report content differs from objective facts | Mere exaggeration or minor errors may be insufficient |
| Purpose | Intent to subject another person to criminal liability | Cases where report was made for simple dispute resolution require examination |
According to Supreme Court Legal Information, Supreme Court Decision 2021do2656, rendered May 30, 2024, held that "for the false accusation offense, there must be active proof that the report is contrary to objective truth, and false accusation cannot be established based solely on passive proof that the truth of the report cannot be recognized." In other words, it is difficult to establish false accusation based merely on the fact that the accuser's statement has low credibility.
Distinguishing Types of No Probable Cause Disposition — Counter-Accusation Strategy Varies Depending on Disposition Result
According to guidance from Easy-to-Understand Daily Life Legal Information, the types of non-prosecution determinations are as follows:
| Type of Disposition | Meaning | Impact on Counter-Accusation Strategy |
|---|---|---|
| No Probable Cause (Crime Not Established) | Act itself does not satisfy crime elements | Counter-accusation relatively more open to examination |
| No Probable Cause (Insufficient Evidence) | Crime possibility cannot be excluded but evidence is lacking | Must exercise greater caution in determining counter-accusation |
| Not a Crime | Illegality or responsibility exclusion factor exists | Counter-accusation may be difficult to establish |
Investigation Stage-by-Stage Procedures and Counter-Accusation Timing
▪ Stage 1 — Sexual Assault Accusation Received (Police Investigation Initiated) ▪ Stage 2 — Accused's Interrogation (Stage-by-stage interrogation by police and prosecutors) ▪ Stage 3 — Prosecutor's Non-Prosecution Decision or Indictment ▪ Stage 4 — Timing to Consider Counter-Accusation (False Accusation) After No Probable Cause Disposition is Finalized ▪ Stage 5 — False Accusation Investigation and Prosecution → Trial Proceedings
⚠️ Statute of Limitations and Period Requirements ▪ Statutory penalty for false accusation: imprisonment for not more than 10 years → Public prosecution period of 10 years (based on Criminal Procedure Act Article 249) ▪ Criminal Code Article 153 — When a person who commits false accusation confesses or turns himself/herself in before the judgment or disciplinary disposition of the reported case becomes final, the sentence may be reduced or remitted. However, this provision applies to the accuser; there is only a possibility of reduction or remission upon confession, not automatic extinction.
lawfirm DH's Approach to Sexual Assault False Accusation Cases — Criminal Expertise and Legal Examination System
To obtain a "no probable cause" disposition in sexual assault cases, objective evidence supporting the accused's claims and logical statements are of paramount importance. The core of a false accusation claim is inconsistencies in the accuser's statement, pre- and post-incident conversations, consistency of movements, CCTV and witness statements, and the motive for false accusation (financial disputes, relationship conflicts, etc.).
lawfirm DH is based on a system combining legal examination by a former judge from Changwon District Court (serving as advisory attorney) and direct case handling by a criminal-specialized representative attorney, and reviews accused defense and counter-accusation strategies in sexual assault false accusation cases step-by-step. Based on 10 years of criminal case handling experience accumulated in the Gyeongnam region (Changwon, Masan, Busan), we present a legal direction tailored to the client's situation based on abundant case handling references and high understanding of the local region.
Case Handling Stage-by-Stage Review Process
✓ Stage 1 — Initial Fact Confirmation We listen in detail to the client's statement and identify specific inconsistencies with the complaint contents. Verification of consistency between statement content and evidence is conducted first.
✓ Stage 2 — Evidence Analysis and Preservation We classify and analyze evidence that can be secured: CCTV footage, call records, message history, witness statements, etc. If there is risk of evidence destruction, preservation measures are prioritized.
✓ Stage 3 — Investigation Response Strategy Establishment We design the direction of statements during police and prosecutor interrogations. If initial statements are made without attorney assistance, subsequent defense strategy may face unexpected constraints, making thorough preparation before interrogation recommended.
✓ Stage 4 — Counter-Accusation Determination After comprehensively reviewing the type of no probable cause disposition and secured evidence, we determine with the client whether to proceed with counter-accusation (false accusation complaint). False accusation claims require careful consideration, with priority given to sexual crime charge defense and evidence organization as the basic approach.
Seen Through Examples — Self-Assessment: Does My Situation Qualify for False Accusation Counter-Accusation?
A "no probable cause" disposition does not necessarily mean false accusation is established against the accuser. False accusation is established when the accuser knowingly reports false facts with the intent to subject another to criminal punishment or disciplinary action. Additionally, even if the report contains content differing from objective facts, if such facts do not directly affect crime elements or if the accuser reported in good faith misunderstanding, false accusation may not be established. The conclusion may vary depending on the specific facts of the case.
Through the classification table below, you can preliminarily verify which type your situation falls under. However, the following content is a general judgment standard, and conclusions may differ depending on the specific facts of the case.
False Accusation Counter-Accusation Suitability Self-Assessment Table
| Situation Type | Classification | Description |
|---|---|---|
| Can prove accuser's false statement through objective materials such as CCTV or call records | ✓ Counter-accusation consideration possible | When falsity and intent proof materials are secured |
| Accuser's statement changes inconsistently multiple times during investigation | ✓ Counter-accusation consideration possible | When statement inconsistency is objectively confirmed |
| False accusation motive (financial dispute, relationship conflict, etc.) is objectively confirmed | ✓ Counter-accusation consideration possible | Can be utilized as supplementary material for proving intent |
| Merely received "no probable cause (insufficient evidence)" disposition | ✗ Defense strategy priority | No probable cause does not mean false accusation |
| Non-prosecution due to lack of evidence | ✗ Defense strategy priority | Low possibility of counter-accusation establishment |
| Statement inconsistencies are only partial | ✗ Defense strategy priority | Overall falsity proof may be difficult |
| Mutual arguments are sharply opposed | △ Legal judgment needed | Evidence analysis and expert review should precede |
| Consent sexual relations itself is the issue | △ Legal judgment needed | Statement credibility evaluation is key |
Clients residing in the Changwon and Masan areas, as well as those facing difficulties related to Changwon sexual assault false accusation, Masan false accusation criminal cases, and Gyeongnam sexual offense no probable cause situations can contact lawfirm DH for consultation inquiries.
Don't Bear an Unjust Situation Alone — First Action You Can Take Now
You can confirm the direction appropriate for your case situation through consultation. lawfirm DH has a criminal-specialized representative attorney directly review cases and examines the unjust circumstances of clients in the Busan and Gyeongnam regions together with you.
When suddenly accused of sexual assault, it is natural to feel at a loss about what to do first. In particular, sexual crimes can result in measures such as registration and disclosure of personal information upon conviction, affecting overall social and occupational life. Response to malicious reports exploiting this requires that much greater precision.
If you undergo investigation interrogation without attorney assistance at the initial response stage, unexpected constraints may arise in formulating subsequent defense strategy. This is why it is recommended to organize factual circumstances with a legal expert from the moment you receive the accusation notice.
The content guided in this article has been prepared based on general legal principles, and conclusions may differ depending on the specific facts of individual cases. Accurate legal judgment must be confirmed through direct consultation with a specialist.
⚠️ The above content is general legal guidance. Specific application to your case may vary depending on the factual circumstances of the case, and direct consultation with a specialist is necessary.
You May Be Wondering About These
Q1. How do sexual assault false accusation and a simple no probable cause disposition differ?
A no probable cause disposition is the investigating agency's determination that sexual assault charges against the accused are not recognized. False accusation, on the other hand, is a separate crime punishing the act of reporting false facts while knowing they are false with the intent to subject another to criminal punishment. Therefore, a "no probable cause" disposition received by the accused does not automatically establish false accusation against the accuser, and as Supreme Court Decision 2021do2656 makes clear, active proof of falsity is separately required. The conclusion may vary depending on the specific facts of the case.
Q2. When is it good to file a false accusation counter-accusation? Is timing important?
Counter-accusation timing is strategically important. Generally, proceeding with counter-accusation after a "no probable cause" disposition or acquittal in the original case (sexual assault charge) is finalized may be more advantageous in terms of evidence relations. Pursuing counter-accusation concurrently during the original case investigation is also procedurally possible, but may affect overall case strategy and requires prior consultation with a legal expert. The appropriate timing varies depending on the specific facts of the case.
Q3. What evidence is important for obtaining a no probable cause disposition in sexual assault false accusation cases?
Key evidence types in sexual assault no probable cause defense include CCTV footage (incident location and time period), call records and text/messenger messages (pre- and post-incident context), witness statements, and scene examination materials. In particular, it is important to systematically organize inconsistencies between the accuser's statement and objective materials, and it is recommended to promptly take preservation measures for materials with potential for destruction. Which evidence is decisive varies depending on the specific facts of the case.
Q4. If the accuser confesses or withdraws the complaint, does false accusation disappear?
Complaint withdrawal and confession are distinct. According to Criminal Code Article 153, when a person who commits false accusation confesses or turns himself/herself in before the judgment or disciplinary disposition of the reported case becomes final, the sentence may be reduced or remitted. However, this does not mean automatic acquittal but rather that it may constitute grounds for reduction or remission. False accusation does not become extinct merely by withdrawing the complaint, and separate investigation agency determination occurs. The specific effect may vary depending on the circumstances.
Q5. Can a false accusation counter-accusation be pursued simultaneously while under investigation for sexual assault charges?
Procedurally, concurrent pursuit is possible. However, if counter-accusation is pursued simultaneously while the original case investigation is ongoing, the consistency of the client's statements and evidence relations may become complicated as the investigating agency handles both cases together. Whether concurrent strategy has practical merit requires examination of currently secured evidence, investigation progress stage, and the accuser's statement status, and should be determined together with a specialist after reviewing the individual case's factual circumstances.
This content has been prepared in compliance with the Attorney-at-Law Act and the Korean Bar Association advertising regulations, and results may vary depending on the factual circumstances of the case. Specific legal application must be confirmed through direct consultation with a specialist.