Is sexual harassment in the workplace a crime?
Sexual harassment attorneys empowering victims to fight back
Employees don’t expect to be sexually harassed on the job. You expect to be treated as a professional — you deserve to be treated with dignity and respect. But when you are sexually harassed workplace, the emotional and professional effects are devastating.
Criminal Sexual Behavior
Victims of employment sexual harassment are typically entitled to file a lawsuit in court and/or bring about a charge to the Equal Employment Opportunity Commission (EEOC). But victims of illegal workplace sexual misconduct may be able to pursue criminal as well as civil charges against the perpetrator. So, your employer may face criminal fines, jail time, community service, probation or other penalties in addition to awarding you monetary compensation for your trauma. However, workplace sexual harassment does not necessarily have to be criminal in nature to file a lawsuit.
Can a person go to jail for harassment?
Classifications of criminal sexual offenses
While most cases of sexual harassment are civil, laws recognize several types of non-consensual sexual behavior and classify them by varying degrees of the law which can be criminal in nature. The basic breakdown includes:
- Criminal sexual act — engaging in oral or anal sex without the person’s consent. If found guilty, offenders could be incarcerated for up to 25 years for the most severe violations.
- Sexual abuse — sexual contact by forcible compulsion in which offenders may serve anywhere from three months or seven years in prison if convicted.
- Assault and battery — grabbing, squeezing or pinching the victim’s sexual or other intimate parts for the purpose of degrading, abusing or gratifying his own desire. If found guilty, the perpetrator could spend up to a year incarcerated.
- Pornography — Pornography in the work environment may not be a criminal offense. However: If the pornography includes child pornography, the harasser (and even the employer) may be guilty of violating child pornography criminal laws.
- Rape — non-consensual sexual intercourse by forcible compulsion or the victim is incapable of consent. Perpetrators could face up to 25 years in prison for the most serious offenses.
- False imprisonment — imprisoning a person without their consent or the legal authority to do so.
- Stalking — At the highest level, stalking in the first degree — a Class D Felony — the stalker has “intentionally or recklessly” caused physical injury.
Stand up to sexual harassment | Call Us For a Free Consultation
If you endured illegal sexual harassment in the workplace, you are bound to feel frustrated, confused and ashamed. Just know that you are not alone. The New York City, New Jersey, Philadelphia and Miami sexual harassment attorneys at the law firm of Derek Smith Law Group are here to help. We are on your side. Contact us today for a free consultation.
Different Types of Sexual Harassment Cases We Handle:
- Hostile Work Environment
- Quid Pro Quo
- Unwelcome Request For Sex
- Sexism in the Workplace
- Sexual Bribery
- Sexual Gift-Giving at Work
- Sexual Harassment by a Supervisor
- Workplace Sexual Coercion
- Non-Employee Sexual Harassment
- Gay and Lesbian Sexual Harassment
- Sexual Harassment at Off-Site Events
- Stalking in the Workplace
- Sexual Joking
- Co-Worker Sexual Harassment
- Sexual Orientation Harassment
- Unwanted Physical Contact
- Same-Sex Sexual Harassment