In workplace or social life, there are times when we lightly touch our colleagues or acquaintances on the shoulder or arm to encourage them. While the intention behind such actions may be good, what happens if the other person finds it unpleasant and raises an issue of sexual harassment?

Many people complain, saying, "There was no sexual intent," but the legal perspective can yield different results. In this post, based on information confirmed through video, we will clearly outline whether physical contact intended to encourage can be recognized as sexual assault, the criteria for judgment, and how to respond.

[Table of Contents]

1. If I touched someone with the intention of encouragement, can it be considered sexual assault?

2. The key requirement for establishing sexual assault: Something more important than 'intent'

3. Will I be punished unconditionally? : The 'context' that serves as the basis for judgment

4. Advice from the law firm Cheongchul to avoid unfair situations

1. If I touched someone with the intention of encouragement, can it be considered sexual assault?

To put it simply, "Yes, it can be considered sexual assault."

Acts such as lightly patting someone's arm or wrapping an arm around their shoulder for encouragement or to show friendliness are things that can happen in everyday life. However, if such actions are done against the will of the other person, regardless of the actor's intention, there is a possibility that the crime of sexual assault may be established.

2. The key requirement for establishing sexual assault: Something more important than 'intent'

One common misunderstanding among many is whether there is 'sexual intent'. Even if someone claims, "I wasn't trying to satisfy any sexual desire; I was genuinely encouraging them," the intention of the perpetrator is not a core requirement for establishing the crime of sexual assault.

The requirements for establishing sexual assault as informed by the law firm Cheongchul are as follows:

• Existence of physical contact: Whether there was actual physical contact

• Actions against the other person's will: Whether that contact was unwanted and against the other person's will

In other words, regardless of how good the intention (encouragement, solace, etc.) may have been, if the act itself is found to infringe upon the other person's right to sexual self-determination or is deemed an exercise of physical force against their will, it may constitute a crime.

3. Will I be punished unconditionally? : The 'context' that serves as the basis for judgment

Does that mean that all physical contact made with good intentions will be punished? No, it does not. When determining whether there is sexual assault, the 'context' in which the physical contact occurred must be comprehensively considered.

• Normal relationship: Were you in a close relationship where you naturally exchanged light physical contact?

• Permission: Even without explicit permission, was it at a level that could be accepted based on your usual relationship?

If you are someone who does not engage in any physical contact on a regular basis, or if you have a public relationship, and only acted upon the good intention unilaterally for the sake of physical contact, it is highly likely to be recognized as an assault. Conversely, if the action was natural and not problematic under the circumstances, it will not be considered assault.

Ultimately, the court will carefully examine the situational context at the time of the physical contact to determine guilt or innocence.

4. Advice from the law firm Cheongchul to avoid unfair situations

As societal perceptions change, the scope for establishing sexual crimes tends to be interpreted more broadly. Many ask, "If no one says anything at the time but later raises an issue, does it become assault?" The important factor is the assessment 'at the time of the act'. If there were no issues between the parties at that time, it would not be considered assault. However, since everyone's thresholds for acceptance vary, there is always the potential for misunderstanding.

Therefore, it is best to avoid unnecessary physical contact that could lead to misunderstandings or potential issues as much as possible.

If you are unfairly accused of sexual assault, rather than simply appealing emotionally with "I had good intentions," it is essential to analyze the specific circumstances of the incident and the relationship between the two parties legally in order to respond.

The law firm Cheongchul provides systematic legal solutions tailored to the client's circumstances. If you need assistance, please do not hesitate to contact us.

This post was written for the purpose of providing legal information and legal judgments may vary depending on specific circumstances.