Sexual abuse is a big problem in Los Angeles, as it is in many other cities around the world. Both workers and employers need to ask, “When does sexual harassment become criminal sexual conduct in the Los Angeles workplace?” Sexual harassment becomes sexual conduct when the offender has broken the law. Sometimes, this difference can be hard to understand.
Understanding Sexual Harassment
Sexual harassment at work usually involves unwanted sexual advances, petitions for sexual favors, or other forms of sexual harassment, which can be verbal or physical. The U.S. Equal Employment Opportunity Commission (EEOC) states that this kind of behavior is illegal when:
- As a condition of work, you have to agree to the behavior.
- Accepting or rejecting the behavior is used to decide who gets the job.
- The behavior makes the workplace unpleasant.
There are many kinds of sexual abuse, such as but not limited to:
- Verbal abuse includes making rude comments, jokes, or suggestions.
- Staring, leering, or showing sexually suggestive pictures are all forms of nonverbal harassment.
- Harassment through caressing, groping, or other forms of physical contact are not allowed.
Sexual Harassment in California
California has some of the strictest rules in the U.S. for sexual harassment at work. The California Fair Employment and Housing Act (FEHA) says that people can’t be harassed because of their sexual orientation, gender, sex, gender identity, or gender expression. This rule applies when an employer has five or more workers.
Employers are expected by FEHA to do everything they can to stop and correct discriminatory and harassing behavior right away. This includes putting rules into place and informing employees about them, giving training, and responding appropriately to complaints.
When Does Sexual Harassment Turn Into a Crime?
Even though sexual harassment is incredibly unethical, it is not always a crime. When behavior goes from being improper in a civil setting to being illegal, it usually involves actions that are worse, more prevalent and have more serious effects on the victim. The California Penal Code lists sexual assaults like rape, sexual battery, and more.
Sexual Battery
Sexual battery, also called sexual assault, is when someone touches a private part of another person without their permission for sexual pleasure, arousal, or abuse. This could happen at work under the cover of normal conversations, but it’s illegal when:
- Force or restraint is used. If the abuser touches a private part of the victim’s body with force or restraint, a crime is committed.
- The person is not awake or aware. Sexual battery occurs if the subject is unable to speak, unconscious, or otherwise not aware of what was done.
- When someone in a position of control forces or tricks someone else into having sexual contact with them without their permission, that authority figure can be held liable. This is called a professional power imbalance.
Rape
Rape is a more serious form of sexual abuse. It occurs when someone has a sexual encounter without their consent, and it was done by force, threats, or lying. In the workplace, this could mean that a boss or partner uses their power to make an employee have a sexual relationship. Some things that make sexual harassment more serious and considered rape are:
- Threat or coercion. The offender tells the victim that they will be hurt physically, lose their job, or face other serious consequences if they don’t do what they’re told.
- Incapacity. The victim can’t give permission because they are drunk, unconscious, or mentally ill.
Other forms of criminal sexual misconduct include stalking, indecent exposure, threats, and cyber harassment.
Reporting Sexual Criminal Conduct
There are several ways for people who have been sexually harassed or sexually violated at work to report it and get justice:
- Internal Reporting: A lot of companies have ways for employees to report harassment. People who have been victims of crimes should write down what happened and report it to human resources or a chosen representative.
- EEOC and DFEH Complaints: People who have been victimized can make complaints with either the EEOC or the DFEH. These groups look into harassment reports and can punish employers who don’t do anything about them.
- Cases of Criminal Sexual Conduct: Victims of such behavior should call the police right away. The police can look into what happened and bring criminal charges against the person who did it.
- Civil Claims: Victims can also file a civil claim against the abuser and, in some cases, their workplace. This could lead to money being given to make up for the harm done.
FAQs
Q: What Is California’s Sexual Conduct Law?
A: Sexual conduct law in California includes all kinds of sexual acts, like sexual contact, sexual intercourse, and any other kind of sexual action that involves consent or coercion. Sexual assault, rape, and sexual battery are all examples of criminal sexual behavior in the California Penal Code. These crimes are especially serious when they involve acts that are not consented to or occur when someone is exploited.
Q: Is 243.4 PC a Misdemeanor or a Felony?
A: Based on the details of the case, Penal Code Section 243.4 says that sexual battery can be either a misdemeanor or a felony. Whether it is charged as a misdemeanor or a felony depends on details like the type of crime, the person’s past criminal background, and how bad the contact was.
Q: What Is an Example of Sexual Misconduct?
A: The inappropriate touching of a coworker’s sensitive areas, such as groping, without the coworker’s agreement is one example of sexual misconduct. This action violates personal boundaries and contributes to the creation of a hostile work environment, which brings about legal implications in accordance with the laws of California. These types of acts usually have a negative effect on the victim’s ability to perform their job duties.
Q: Is Sexual Battery a Felony or a Misdemeanor in California?
A: It is possible to be charged with sexual battery in California as either a misdemeanor or a felony, depending on the specifics of the situation. It is more likely to be charged as a felony if it involves the use of force, the use of restraint, or a victim who is unable to defend themselves well; otherwise, it may be charged as a misdemeanor.
Contact Diefer Law Group, P.C., Today
If you have been sexually harassed or otherwise violated at work, an attorney at Diefer Law Group, P.C., can help you get the justice you deserve. Contact us today to speak with a representative.
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