Is withdrawing the complaint enough to resolve the issue?

After being accused of a criminal act, if the incident is minor, most people try to negotiate and settle to minimize the matter. But does the issue completely disappear after the complainant withdraws the complaint?

As commonly known, criminal cases are categorized into "cases requiring a complaint" and "cases not requiring a complaint." In cases requiring a complaint, the prosecutor can only start the investigation if the victim or someone authorized files a complaint. If the complaint is withdrawn, the court will not accept the public prosecution initiated by the prosecutor. Hence, once the complaint is withdrawn, there is generally no further issue. However, for cases not requiring a complaint, often referred to as "public prosecution cases," the prosecutor must initiate an investigation if they are aware of the criminal facts, even if the victim withdraws the complaint. The prosecutor can still file charges, and the court can proceed with the trial.
 

Case Background

One day, Xiao De overslept and rushed out to attend a personal appointment. When he was about to arrive at the meeting place, he accidentally touched Xiao Yi's buttocks as she passed by. Xiao Yi immediately felt uncomfortable and looked back at Xiao De. Their eyes met, but Xiao De, not realizing anything was wrong, continued to hurry on his way. A few days later, he unexpectedly received a notice that he was accused of sexual harassment. In a panic, he sought help from our firm, hoping to communicate with the other party.
 

Our Practical Experience

After reviewing the surveillance footage, it was found that at the time of the incident, Xiao De's gaze was fixed straight ahead on the road. He passed by Xiao Yi until she looked back at him. Before this, Xiao De did not look around at the people or environment, nor did he focus his gaze on Xiao Yi's buttocks. This behavior differs from typical sexual harassment cases, the perpetrator usually observes their surroundings before acting. According to current judicial practices, if the accused did not glance around to select a target or lock their gaze on the victim’s body, this can be considered a basis for judging the absence of subjective intent to harass.

With the diligent efforts of our firm's lawyers, communication with the other party was successful. Xiao De expressed his willingness to compensate Xiao Yi for the accidental act. Eventually, Xiao Yi accepted the compensation, and they reached a settlement. Xiao Yi withdrew the complaint. Although the prosecutor initiated public prosecution, according to Article 25, Paragraph 2 of the Sexual Harassment Prevention Act, the case required a complaint. Therefore, the court dismissed the case.
 

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