Being subject to sexual harassment in the workplace is a terrible and frightening experience. You may be concerned about your employment. The chances of losing your job should not grant sexual favors to those with superiority over you. Likewise, your workplace may become hostile due to this harassment. You might also find yourself wondering, when can you go to jail for sexually harassing someone in Los Angeles? At Diefer Law Group, we have those answers.
Not every case of sexual harassment is deemed a criminal offense, and typically, these cases can be handled through civil litigation. However, there are cases where these acts of harassment turn criminal. These can be devastating circumstances for the victims. If you are the victim of criminal sexual harassment, you deserve experienced legal counsel and representation who can guide you through the legal process with compassion while protecting your rights.
What Counts as Sexual Harassment in the Workplace?
Sexual harassment is an umbrella term that covers several actions or scenarios that don’t always include actual sexual acts. Typically, sexual harassment includes unwanted or unwelcome sexual advances in the workplace. Additionally, workplace sexual harassment can occur when an individual is subject to bullying, teasing, intimidation, or the use of sexually profane or offensive language. The primary types of sexual harassment in the workplace can include:
- Hostile Work Environment: This kind of sexual harassment typically occurs when coworkers conduct themselves in a way that makes your place of work no longer feel safe. It can negatively impact your ability to perform the necessary duties of your job. These actions can include intimidating, teasing, or using abusive language.
- Quid Pro Quo: A sexual harassment act of Quid Pro Quo typically involves an individual in superiority, such as a boss, manager, or owner of the company requesting sexual favors from a lower-level employee in exchange for certain benefits such as promotions, raises, or desired work schedules. These sexual favors may come with threats of retaliation if not granted. Retaliation can include termination or demotion.
Certain examples of workplace sexual harassment can include:
- Your boss is asking you to have sex with them in exchange for the promotion you desire.
- A coworker displaying sexually suggestive or explicit materials.
- Sexist comments that create a hostile work environment.
- Unwanted physical contact or inappropriate touching.
- Retaliation for refusing sexual advances of a boss or superior.
- Lewd, sexist, or suggestive comments about an individual’s body, gender, or sexual orientation.
When Is Workplace Sexual Harassment Considered a Crime?
Sexual harassment can be considered a crime when it is an act of sexual assault. Sexual assault is typically defined as any act of sexual contact that occurs without the consent of the victim. This can be either because the victim was unable to consent or because they resisted. Examples of workplace sexual assault can include:
- Rape
- Attempted rape
- Fondling or groping
- Unwanted touching of a sexual nature
- Forcing someone to perform sexual acts
If the sexual harassment you suffer is sexual assault, you may have two different claims available. One for civil litigation for workplace sexual harassment and the other for sexual assault. A sexual assault conviction may lead to the perpetrator spending time in jail.
Penalties for Sexual Harassment in the Workplace
In California, there can be several penalties for those accused of sexual harassment or sexual assault of a victim. If the sexual harassment does not involve assault and is deemed to be a civil claim, the defendant may face fines, restraining orders, and be liable for various other forms of damages payable to the victim. If the case does involve assault, the defendant could face fines, restraining orders, sex offender registration, and prison time.
FAQs
Q: How Can You Convict Someone of Sexual Battery in California?
A: In order for an individual to be convicted of sexual battery in California, the prosecutor must prove the following elements:
- The defendant touched the victim’s intimate body parts either indirectly or directly.
- The victim did not consent to the physical contact.
- The defendant acted with the intent to cause sexual arousal, abuse, or for their own sexual gratification.
Q: What Is the Average Cost of a Sexual Harassment Lawyer in California?
A: Each case of sexual harassment is different, and so are the lawyers who handle these cases. Therefore, there is no way of offering an average cost of a sexual harassment lawyer in California. There are many factors that could impact the cost of legal representation, including the complexity of the case, the case’s duration, and the location and experience of the lawyer.
Q: What Damages Can You Seek for Sexual Harassment?
A: There are several damages you may seek to recover in a civil litigation claim for sexual harassment, depending on the nature and severity of the harassment you suffered. Some of the most common recoverable damages include medical bills for counseling and therapy, medical bills for any physical harm in cases of sexual assault, lost wages, front pay, back pay, and pain and suffering.
Q: How Do I Prove Harassment in California?
A: When seeking to file a claim of sexual harassment in the workplace in California, there are several steps you can take to prove the harassment happened. Maintain a record of all incidents of harassment, keep a record of any texts, emails, voicemails, or other written messages from the harasser, collect any surveillance footage that might show the event of harassment, and ultimately, hire the services of an attorney who can help you file a claim.
Speak with a Trusted Workplace Sexual Harassment Attorney Today
If you have been a victim of sexual harassment or sexual assault in your place of work, you need the experience of a trusted and compassionate attorney who understands the complex legalities that surround these cases. You deserve legal counsel and representation who is dedicated to your safety and protection, especially in claims involving sexual assault. The protection of your rights as both an individual and an employee is paramount.
Contact the team at Diefer Law Group today and schedule your free consultation to see if our services are the right fit for you and your case. We are here to help you get justice.