【Forcible Indecency / Non-Consensual Indecent Act】A case in which a client accused of unintentionally committing a non-consensual indecent act against a female business partner obtained a non-prosecution disposition due to insufficient evidence.

The client could not understand why the female business partner had filed a criminal complaint. Looking back, however, he came to realize that his conduct may have caused her significant discomfort, although he himself had no recognition that he had committed any indecent act.

The client believed that, if the woman had gone so far as to file a complaint, she must have experienced distress. For that reason, he offered a settlement payment as a form of compensation for the inconvenience and emotional burden she may have suffered. Strictly speaking, because he denied the alleged criminal conduct, there was no legal necessity to pursue a settlement. However, given the substantial risks that could arise if the case were to proceed to prosecution, we carefully discussed all possible outcomes with the client and ultimately decided to resolve the matter through a settlement payment in accordance with his wishes.

In the end, the case resulted in a non-prosecution disposition due to insufficient evidence, and it may be argued that the settlement was unnecessary. Nevertheless, during the course of a criminal investigation, choosing to settle while considering every possible risk can, in some situations, be a rational and pragmatic decision.

Every case is different, and every client faces unique circumstances. One of the essential skills of a criminal defense attorney is the ability to develop a strategy that provides the client with the greatest sense of security and reassurance based on their individual situation.

After receiving the non-prosecution disposition, the client appeared greatly relieved.