Indecent Assault at a Bar—Deferred Prosecution Conditioned on Completion of Educational Program

The client (the suspect) was booked on suspicion of indecent assault by force for allegedly touching the other party’s thigh, arm, side, and other areas several times while sitting next to and conversing with a woman he had met through an impromptu encounter at a bar after drinking with friends whom he had not seen for a long time on the date of the incident. The client had consumed substantially more alcohol than his usual capacity and could recall only fragments of what had occurred. However, he determined that denying the allegations merely because his memory was unclear could cause the victim additional distress, and therefore admitted all of the alleged criminal facts. The client, a university student with no prior criminal record whatsoever, visited MEGA X Law Firm out of concern for continuing his studies and for his future career.

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The possibility of deferred prosecution in a case involving a confession
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Measures for remedying the victim’s harm when contact with the victim has been severed
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Whether there was intent to commit indecent assault and whether a sexual motive existed

The MEGA X defense team proceeded on the premise that settlement was effectively impossible. We pursued efforts to remedy the victim’s harm through institutional channels rather than private contact, while compiling objective materials demonstrating that the client posed no risk of recidivism.

1. Request for Referral to Criminal Mediation:

Because directly contacting the victim could be deemed secondary victimization, we focused on conveying the client’s apology through the investigative authorities and formally requested, through counsel’s written opinion, that the matter be referred to criminal mediation. We demonstrated through the contents of the records that the client had expressed his intent to reach a settlement from the suspect-interview stage, thereby making clear that his desire to remedy the victim’s harm had been consistent from the initial stage of the investigation.

2. Demonstration of the Absence of Intent to Commit Indecent Assault and Sexual Motive:

We objectively substantiated, through a fact-confirmation statement from a witness who had been present at the scene and the client’s consistent statements recorded in the suspect-interview record, that the client’s physical contact did not arise from a sexual purpose but rather from habitual conduct that manifested excessively while he was heavily intoxicated.

3. Step-by-Step Establishment of Recidivism-Prevention Efforts:

To ensure that the client’s efforts extended beyond expressions of remorse, we assisted him in sequentially undertaking verifiable measures, including completing education on sexual awareness and behavioral modification and education designed to foster a law-abiding consciousness and prevent recidivism; undergoing diagnostic testing of his levels of gender sensitivity and law-abiding consciousness; preparing a written pledge to prevent recidivism and a reintegration plan; and abstaining from alcohol beginning immediately after the incident and preparing a written pledge of abstinence.

4. Systematic Compilation of Mitigating Materials and Submission of Counsel’s Written Opinion:

We organized 21 types of supporting materials by category of mitigating circumstances—including a letter of apology and a letter of remorse; letters of support from three acquaintances; a certificate of enrollment and records of work performed under the National Work-Study Scholarship Program; materials documenting receipt of an award for an outstanding paper at an academic conference and selection as an exemplary servicemember during military service; and certificates confirming 10 blood donations and registration of the client’s intent to donate organs and tissues—and submitted counsel’s written opinion, which presented the materials in a legal framework, thereby persuading the authorities of the necessity of deferred prosecution.

Deferred Prosecution Conditioned on Completion of Educational Program