Groped at a club or bar in Korea: what should I do in the first hours?

Get to a safe place, then report as soon as you can, because the strongest evidence in a nightlife case disappears fastest. Sexual touching by force is the crime of indecent assault (강제추행), which carries as much as 10 years' imprisonment or a 15 million won fine, and the same range applies to anyone who takes advantage of a person too drunk to resist. In a packed club or on a crowded dance floor, unwanted sexual touching is a crime even without force. Having had a drink yourself does not take away your right to report, and neither does being a tourist, a student or a worker on a short visa.

Is it still a crime if I had been drinking?

Yes. Drinking is not consent, and the law has a specific rule for people who are drunk.

What happened	Offence	Maximum penalty
Someone grabbed or touched you by force, or held you so you could not move away	Indecent assault, Criminal Act	10 years or 15 million won
You were too drunk, asleep or half conscious to resist, and someone touched you	Quasi indecent assault (준강제추행)	The same as indecent assault
Sexual touching in a crowd, on a packed dance floor or at a concert, without force	Indecent act in a crowded place (공중밀집장소추행)	3 years or 30 million won

Investigators sometimes ask how much you drank. Answer honestly. Your drinking matters only because it can show you were unable to resist, which supports the case rather than weakening it.

What should I do right now?

Work through this list in order, as far as you can manage tonight:

1. Tell someone. Your friends, the staff or security at the door. Ask the staff to remember the time and the person.
2. Call the police from the venue if you can. Officers who arrive quickly can identify the person and ask the venue to keep its CCTV.
3. Keep your clothes as they are. If you change, put them in a paper bag, not plastic, and do not wash them.
4. Note the details on your phone: the venue name, which floor or bar counter, the time, what the person wore, anyone who saw it.
5. Get the names or contact details of witnesses, including strangers who stepped in. They will be hard to find next week.
6. Send a message to a friend describing what happened. A message written on the night is good evidence of what you said at the time.

If you suspect something was put in your drink, go to a hospital quickly and ask for a test. Many substances leave the body within hours, so a test the next afternoon may show nothing.

How long will the club keep its CCTV?

Not long, so speed matters more here than anywhere else.

Bars and clubs often record over their footage after a short period, sometimes days. Venues usually refuse to hand recordings to a customer, but they will give them to the police, who can take footage that is handed over voluntarily or obtain it by warrant.

So the practical step is to tell the investigator, in your first contact, exactly which venue, which entrance and which time window to request. Card payments, taxi apps and messages on your phone can fix the time precisely. If the venue has several cameras, mention the entrance as well as the dance floor; the entrance camera often shows the person's face most clearly.

Should I see a doctor even with no visible injury?

It is worth it. A doctor can record bruises, scratches or pain that fade in a day or two, and can test for drugs. Hospital based sunflower centres (해바라기센터) will see you, keep a record and store samples even while you are still deciding about a police report.

For foreigners without valid status, there is one more reason to choose a public hospital. When an official at a public healthcare institution learns a patient's details while treating them, the duty to report that person to immigration can be lifted. Being treated is not the moment to worry about your visa.

Can a friend sit with me during the police interview?

Usually yes, but ask in advance. For indecent assault the decision belongs to the investigator or the judge, who may allow a person you trust to sit beside you if questioning would make you very anxious. Explain why you want that person there: a foreign country, a language you do not speak well, a male officer, a frightening night. That person may comfort you but must not answer for you or change your words.

Who	Role in the interview
A trusted person (신뢰관계인)	Sits with you for support
Interpreter (통역인)	Puts each question and answer into your language; arranged by the police, and required in court
Victim's lawyer	Takes part in the interview and can give an opinion

Keep the roles separate. A friend who interprets as well as comforting you can make your statement easier to attack later. Ask for a professional interpreter in your language and check that the record is read back to you before you sign.

What if I am leaving Korea soon?

Tell the investigator your departure date at the first interview, and show your ticket. The case does not end when you fly home, but your evidence can be harder to use if you are not in Korea for the trial. When it would be very difficult for you to testify later, you, or the police, can ask the prosecutor to request that a judge take your evidence before the trial begins (증거보전). A lawyer appointed for you can then follow the case after you go.

If the other person is also a foreign visitor, mention it. The authorities have powers to stop a foreign suspect from leaving during an investigation, but they can only act if they know early.

People are asking me to "settle". Must I?

No. Staff, the other person's friends or even the venue owner may suggest that you accept money and drop the matter. Indecent assault in Korea no longer depends on a formal complaint by the victim, so the case can continue whatever you decide. If you do want to discuss compensation, let a lawyer handle it, and never sign a document in Korean that you have not had translated. You are not obliged to respond to anyone who contacts you directly.

Next step

Before you sleep, save your notes, the name of the venue and the time, and the details of anyone who helped you. If you want advice on whether to report, how to ask the police to secure the footage, or how the case can continue after you leave Korea, bring your passport or residence card and what you have saved to a consultation. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Criminal Act (형법) Article 298 (indecent assault, up to 10 years or 15 million won), Article 299 (quasi indecent assault, punished as Article 298). Act on Special Cases Concerning the Punishment of Sexual Crimes (성폭력범죄의 처벌 등에 관한 특례법) Article 2(1) nos. 3 and 5 (these acts are sexual crimes), Article 11 (indecent act in a crowded place, up to 3 years or 30 million won), Article 27(1) and (2) (victim's lawyer in the interview), Article 34(1) (mandatory presence of a trusted person, limited to listed offences), Article 41 (request for evidence preservation). Criminal Procedure Act (형사소송법) Article 163-2(1) and (3) (trusted person at the discretion of the court), Article 180 (court interpreter), Article 184 (evidence preservation), Article 218 (items voluntarily submitted), Article 221(2) and (3) (interpreter; trusted person in police interviews). Immigration Act (출입국관리법) Article 29 (stopping a foreigner's departure), Article 84(1); Enforcement Decree Article 92-2 no. 2 (public healthcare institutions).

This is general information, not legal advice. Every case is different.