Background
Our client, a doctor performing cosmetic dermatology procedures, was accused by a patient of "indecent assault during the procedure." The treatment room was an enclosed space of roughly 7 to 10 square meters with no CCTV, leaving nothing but the conflicting accounts of the complainant and our client.
What Was at Stake
With no objective evidence and only the complainant's consistent account, our client was at real risk of being wrongly branded a sex offender. The key question was "whether the conduct the complainant described was even possible."
How Changchun Helped
Changchun (attorney Donghwan Shin) analyzed the layout of the treatment room and the placement of the equipment and showed that performing the procedure in the position the complainant described was effectively impossible. We visited the site in person and filmed a reenactment of the situation, demonstrating that the procedure could not be sustained in such a position and that the patient would risk burns. We also presented circumstances such as the complainant undergoing another procedure quite naturally right afterward and paying for it.
The investigating authorities accepted these arguments and issued a decision of non-referral for no case to answer. The case shows that even where nothing but conflicting accounts exists, an objective showing through site inspection and reenactment can be decisive. (Outcomes depend on the facts of each case and may differ.)