Suspension of Indictment in Subway Sexual Harassment Case: First-Time Offender Avoids Criminal Record

The client was investigated for committing an indecent act against a victim in a crowded subway. Through sincere admission of wrongdoing, attorney-assisted investigation, settlement with the victim, and effective presentation of favorable sentencing factors, the defense team obtained a suspension of indictment with an educational condition, allowing the client to avoid a criminal conviction.

Background / Issue

The client was accused of committing an indecent act in a crowded subway by standing closely behind the victim and pressing his genital area against the victim's body. The victim immediately reported the incident at the scene, and the client was investigated by the subway police unit. At first, the client denied the allegation out of panic. However, after consulting with the defense attorney, he honestly admitted his intent and wrongdoing. The attorney accompanied the client during the police investigation and helped ensure that the questioning proceeded in a calm and stable environment. Since the client had recently started a family, he was deeply concerned that official criminal case documents might be delivered to his home address. The defense team submitted a request to change the service address so that all related documents would be delivered to the law firm instead.

Our Legal Approach

After the police investigation, the defense team proceeded with a criminal settlement through the prosecution's mediation process, allowing the victim's damage to be properly addressed. In addition to reaching a settlement with the victim, the defense team effectively presented favorable sentencing factors, including the circumstances of the offense, the client's lack of prior criminal record, the degree of harm, the victim's agreement, and the victim's intent not to pursue punishment.

Result / Outcome

The prosecution issued a non-prosecution disposition in the form of a suspension of indictment with an educational condition. The client was able to avoid a criminal conviction and expressed great relief and satisfaction that his criminal record remained unaffected.