- A was arrested by Shibuya Police Station of the Metropolitan Police Department on suspicion of sexual molester for fondling the victim’s hips on the train…
- I got a call from Ōji Police Station of the Metropolitan Police Department informing that my son was arrested for groping on Saikyō train. I don’t know what I should do…
What Crime Can Sexual Molester Be? What Kind of Punishment Can be Imposed on in Case of Sexual Molester?
– In case where a person was arrested or investigated on suspicion of sexual molester, there is a possibility to fall into one of the following offenses:
A) Violation of each prefecture’s nuisance prevention ordinance; or,
B) Forcible indecency.
A) Sexual Molester Case Violating of Each Prefecture’s Nuisance Prevention Ordinance
▼Violation of each prefecture’s nuisance prevention ordinance is a crime of “touching someone’s body” over the clothes or directly in a “public place” or “public vehicle” such as station, train, and bus. For example, a person touched another’s chest over the clothes or touched another’s hip over the skirt.
▼Statutory penalty of violation of nuisance prevention ordinance is prescribed by each prefectural ordinance.
Nuisance prevention ordinance of Tokyo, Chiba, Saitama, and Kanagawa sets:
In the ordinary case, “imprisonment with work for not more than 6 months or a fine of not exceeding 500,000 yen”.
In the habitual case, “imprisonment with work for not more than 1 year or a fine of not exceeding 1,000,000 yen”.
B) Sexual Molester Case Falling into Forcible Indecency (Article 176 of the Penal Code)
▼Forcible Indecency is a crime of:
i. “Through assault or intimidation”, “forcibly committing an indecent act” “upon a male or female of not less than thirteen years of age”; or,
ii. “Committing an indecent act” “upon a male or female under thirteen years of age”.
Because a male or female under thirteen years of age needs to be protected more than those over thirteen, forcible indecency is to be established regardless of the means or the consent of the victim.
“Indecent act” means an act of sexually insulting other than sexual intercourse.
Sexual molester case falling into forcible indecency includes a case that a person forcibly put his/her hand into another’s underwear and committed an indecent act such as touching sexual organ of the victim.
▼Statutory penalty of forcible indecency is “imprisonment with work for not less than 6 months but not more than 10 years”.
Forcible indecency does not have the sentence to pay a fine. So, once prosecuted, the accused will face a formal trial.
▼Enforcement of the amended Penal Code on 13 th July 2017 made forcible indecency non-shinkokuzai (offenses for which prosecution depends on the victim’s filing of a complaint).
Therefore, the public prosecutor can institute prosecutionwithout complaint from the victim.
This change was made with consideration for the victim who cannot let out her or his voice even if she or he suffered damage; however, the public prosecutor will not prosecute all cases without complaint. It is possible to decrease the possibility to be prosecuted if the parties agree to solve the case by giving apology and paying damage to the victim through the lawyer.
Crime of forcible indecency committed jointly by two or more persons cannot be shinkokuzai.
C) Forcible Indecency Causing Death or Injury (Article 181 of the Penal Code)
▼This is a crime of committing forcible indecency, and thereby causing death or injury of another.
The precedents intend to permit the establishment of forcible indecency causing death or injury even when injury is minor.
However, some of the precedents of lower courts denied the establishment of this crime regarding a tiny scratch caused by assault through which a perpetrator committed an indecent act.
▼Statutory penalty of forcible indecency causing death or injury is “imprisonment with work for life or for a definite term of not less than 3 years”.
Forcible indecency causing death or injury is so serious that it is not complaints.
Therefore, the suspect will be prosecuted without complaint. Once prosecuted by a public prosecutor, the accused will face lay judge trial.
~Defense in Case of Sexual Molester & Forcible Indecency~
1. Consult with Lawyer Readily
Where arrested on suspicion of sexual molester or forcible indecency, the term of physical restraint will be extended for a long period of time if the suspect does not admit the fact of sexual molester. The physical restraint by arrest and detention is for up to 23 days. When you or your family got arrested for sexual molester or forcible indecency, please consult with a lawyer readily.
The long period of physical restraint impedes the suspect from going to school or office. It also may raise the possibility that the case would be exposed.
That might become a drag after socially rehabilitated, so a lawyer will defend for the suspect’s early release.
2. Working on Investigative Authorities and Court
The suspect may avoid arrest by getting a lawyer in case where he/she is investigated on suspicion of sexual molester or forcible indecency. A lawyer will credibly explain that the suspect is identified clearly and there is no likelihood of his destroying nor concealing evidence. A lawyer also will work on the investigative authority not to arrest the suspect and to investigate the case while letting him/her stay at home.
If the suspect got arrested for sexual molester or forcible indecency, a lawyer will make a defense for early release of the suspect by blocking detention following by arrest.
3. Making an Apology and Paying Damage to the Victim, and Settling Case Out-of-Court
It is often the case that it is difficult for the suspect or his/her family to meet the victim of sexual molester or forcible indecency cases.
However, the victim allows the lawyer to meet him/her if the suspect appoints a lawyer. It is possible
to reach an out-of-court settlement by carrying an apology of the suspect to the victim and paying the damage.
It is not impossible to gain a decision not to prosecute because the case is settled between the parties once the out-of-
court settlement was reached in sexual molester or forcible indecency cases.
Once a public prosecutor decided not to prosecute, the suspect will not face a trial nor have criminal records.
4. Criminal Lawyer Works Out Preventive Measures Together
A lawyer who has rich experience in sexual molester and forcible indecency cases can make a suggestion on preventive measures or counseling effective in sexual molester and forcible cases, and make a defense for a decision not to prosecute or clemency.
Please give the case to lawyers of AICHI Criminal Cases Law Firm.
There is a possibility to get a decision not to prosecute by taking appropriate action expeditiously in sexual molester and forcible indecency cases.
If you or your family was arrested and detained for sexual molester or forcible indecency case, please contact AICHI Criminal Cases Law Firm as soon as possible.