Sexual harassment is an unfortunately pervasive issue in California workplaces and throughout the United States. This behavior may entail unwelcome advances, derogatory comments, or quid pro quo offers from supervisors, but it sometimes escalates to the point of physical contact. At this point, sexual harassment becomes sexual assault, but what are the penalties for sexual assault at work in California?
What Are the Penalties for Sexual Assault at Work in California?
Every worker in the United States has the right to work free from sexual harassment, but thousands of people throughout the country experience various forms of sexual harassment at work. Unfortunately, sometimes, this behavior escalates to the point of unwanted physical contact or even overt sexual assault and sexual battery. When this occurs, it is vital to know your legal options.
The Equal Employment Opportunity Commission (EEOC) processes thousands of claims of workplace harassment and discrimination every year. Between fiscal years 2018 and 2021, the EEOC processed 27,291 cases alleging sexual harassment. Sexual harassment can include various behaviors, and your attorney can help you understand your rights when you have experienced this at work.
When the EEOC confirms that sexual assault has occurred in the workplace, it is important to understand that both the individual who directly engaged in this behavior as well as the employer can face penalties. The individuals responsible are likely to face criminal prosecution if their actions meet the definition of sexual assault, and they will also be liable for various civil damages to the victim.
The employer can face a heavy fine from the EEOC, liability for the employee’s damages, such as lost income and benefits if they were wrongfully terminated or forced to leave their job due to harassment, and the EEOC may also compel the employer to implement new policies and training to ensure such behavior does not occur again.
How Your Attorney Can Help
If you have experienced any type of sexual assault at work in California, an experienced attorney can be an invaluable asset for navigating the legal proceedings ahead of you. While the defendant who assaulted you may face criminal charges, you also likely have grounds to pursue legal recourse for sexual harassment in the workplace through an EEOC complaint.
Your attorney can guide you through the complaint filing process and provide ongoing support through all of your interactions with the EEOC. They can also assist you with calculating your damages, maximizing any compensation you obtain through a civil suit against the party who caused the injury. It’s possible to recover compensation for economic and non-economic damages, and the victim of sexual assault at work may also receive punitive damages.
It’s important to remember that a sexual harassment complaint is a civil issue, while a sexual assault case is a criminal matter. When these issues overlap, the victim can face a difficult series of legal proceedings in the aftermath of a traumatic experience, and experienced legal counsel will be an invaluable asset in this situation.
Diefer Law Group has years of experience handling all types of sexual harassment cases and other employment disputes for clients throughout Riverside. You’re likely to have many questions about your legal options in the aftermath of a sexual assault at work, and our team is ready to do everything we can to help our client approach their legal proceedings with confidence. Reach out to our team today to learn how we can assist you.
FAQs
Q: What Are the Penalties for Sexual Assault in California?
A: The penalties for sexual assault in California can vary based on the severity of the offense, and it is possible for sexual assault to be charged as a misdemeanor or felony. At the misdemeanor level, the defendant can face fines, restitution to the victim, and jail time, and at the felony level, they face incarceration in state prison, heavier fines, and greater liability for the victim’s damages. Any sex offense in California can also lead to sex offender registration.
Q: What Damages Can I Claim for Sexual Assault at Work in California?
A: The damages you could claim for sexual assault at work in California include compensation for any economic losses you suffered as well as compensation for your pain and suffering. You may also be awarded liquidated damages and/or punitive damages. An experienced attorney can help you navigate your case proceedings and assist you with maximizing your recovery.
Q: How Do I Prove Sexual Assault at Work in California?
A: To prove sexual assault at work in California, you must identify the party who engaged in this behavior and prove that their actions meet the legal definition of sexual assault. Witness testimony and various forms of physical evidence could come into play in your case. Your attorney at the Diefer Law Group can help you build a solid case to prove the truth of your experience and ensure accountability for the party who assaulted you.
Q: What Is the New Law for Sexual Assault in California?
A: The new law for sexual assault in California is California Assembly Bill 2777, also known as the Sexual Abuse and Cover-Up Accountability Act. This new law significantly expands the statute of limitations for sexual abuse cases in California, allowing victims greater flexibility to come forward with civil lawsuits against those who have abused them.
Q: Why Should I Hire a Lawyer for Sexual Assault in the Workplace?
A: You should hire a lawyer for sexual assault in the workplace to have a better chance of success with your legal efforts. Your attorney can not only guide you through the EEOC filing process but also assist you with all subsequent legal proceedings related to the sexual assault you experienced. Hiring legal counsel significantly improves your chances of success with your case.
Schedule a Consultation Today
The team at the Diefer Law Group has extensive experience helping clients navigate all types of difficult sexual harassment cases in California, including those pertaining to sexual assault in the workplace. If you have experienced this level of mistreatment, trust our team to do everything we can to ensure accountability for the party responsible. Contact us today and schedule a free consultation to learn how we can assist with your case.
