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"I have been reported for a sex crime. May I contact the complainant first?" Many people ask this, wanting to clear up a misunderstanding or at least apologize. The short answer, however, is that once the matter has become a case, you should refrain from contacting the complainant. Below we explain why, and set out what you should actually do immediately after learning of the complaint.

[Table of Contents]

1. What you must never do upon learning of the complaint

2. Three reasons an apology or explanation is dangerous

3. Start by confirming the complaint and the charge through an information disclosure request

4. Reconstruct the day in chronological order

5. Securing objective evidence — CCTV is the most urgent

6. Prepare your statement with counsel before the first interview

What you must never do upon learning of the complaint

The first thought on learning of a complaint is usually "couldn't I clear up the misunderstanding by meeting in person?" But contact after the matter has already become a case works against you almost without exception. Even a well-intentioned message will be assessed objectively after the fact by investigators and the court as to what it was really intended to achieve. Establishing your innocence is done through materials and statements within the investigative process — not by persuading the complainant.

Three reasons an apology or explanation is dangerous

A message sent to the complainant may be assessed in the following ways.

1. It may be used as something close to a confession. Expressions such as "I'm sorry" or "I made a mistake" may be cited as admissions of the alleged facts, even if you sent them purely as an apology.

2. It may be treated as secondary harm. If the contact itself is found to have placed additional pressure on the complainant, it operates as an aggravating factor in sentencing.

3. It may be treated as tampering with evidence or an attempt to influence a witness. If an attempt to settle appears to be an effort to change the complainant's statement, this can support a finding that you are likely to destroy evidence, which is a ground for detention (Criminal Procedure Act Article 70).

In short, contact intended to make the case lighter can instead make it considerably more serious. Where an apology or settlement is genuinely appropriate, the procedure and timing must be coordinated through counsel.

Start by confirming the complaint and the charge through an information disclosure request

Most sex crime cases begin with a complaint. Accordingly, confirming exactly what you have been reported for is the starting point of any response. By filing an information disclosure request with the investigating authority (under the Official Information Disclosure Act), you can confirm the content of the complaint as filed and the charge that has been applied. Only once you understand which facts the other party is challenging and which offense has been applied can you respond in the right direction. On identical facts, the issues you must contest change completely depending on the charge applied.

Reconstruct the day in chronological order

You must recall what happened on the date in question in as much detail as possible. Setting out precisely what you did, with whom and where at what time, your relationship with the other party, the content of your conversations, and even when you parted, provides the most important foundation for shaping your statement later. Memory fades with time, and minor inconsistencies in a statement frequently escalate into questions about credibility during questioning. Where possible, prepare a chronological memo as soon as you are notified of the interview.

Securing objective evidence — CCTV is the most urgent

Memory alone is not enough. You should also organize the following objective materials.

1. KakaoTalk and text messages exchanged at the time

2. Call records

3. Transit card usage and credit card payment records showing your movements

4. CCTV footage from around the location

In particular, CCTV retention periods are short and footage is often deleted within days. It is therefore the material to secure first. A preservation request is sometimes required, so review how to obtain it at the earliest stage so the opportunity is not lost.

Prepare your statement with counsel before the first interview

When you appear before the investigating authority, the direction and content of your statement must be prepared through consultation with a lawyer. How you deploy the materials you have gathered, which points you emphasize and which you answer with care will significantly affect the outcome. In sex crime cases especially, the first statement often sets the framework for the entire case, so preparation before attending the interview matters more than anything.

Cheongchul Law Firm is here to help

Early response in a sex crime case should proceed not by "contacting the complainant" but in this order: confirm the complaint, reconstruct your memory, secure objective evidence, and prepare your statement. At Cheongchul Law Firm, criminal practitioners including attorneys with prosecutorial backgrounds work with you across the whole process — from reviewing the complaint to attending police and prosecution interviews and submitting written opinions. If you are facing questioning following a sex crime complaint, please contact Cheongchul Law Firm.

This post is provided for general legal information and does not constitute legal advice on any specific matter. The outcome of each case may vary depending on its specific facts, so please consult an attorney.