Sexual Assault 
Derek SmithMany people confuse sexual harassment with sexual assault, but they are very different in the eyes of the law. Both are serious. Both can harm your mental health, career, and safety. This article from Derek Smith Law Group explains the key differences and your legal rights as an employee.
Knowing the difference is key to getting help. This guide from Derek Smith Law Group will make it simple for you.
What Is Sexual Harassment in the Workplace?
Sexual harassment is about unwanted behavior that makes a workplace uncomfortable or unsafe. It does not always involve physical contact. Instead, it includes verbal, visual, or written conduct that is sexual in nature and unwelcome.
Examples of sexual harassment include:
• Unwanted sexual jokes or stories
• Sending or showing inappropriate images
• Asking for sexual favors in exchange for a promotion
• Unwanted touching that makes you feel uncomfortable
The key word is “unwelcome.” If it makes you feel unsafe or scared at work, it could be sexual harassment.
What Is Considered Sexual Assault Under the Law?
Sexual assault is a crime and always involves physical contact. It happens when someone engages in a sexual act with you without your consent. This includes any unwanted physical touching, groping, or forced sexual acts.
Here is what makes sexual assault different:
- It is about physical contact.
- It is always a crime.
- The victim does not give consent.
It can include touching, groping, or forced sexual acts. This is a very serious offense that should always be reported to the police.
Sexual Harassment vs. Sexual Assault: Quick Legal Comparison
Here is a side-by-side breakdown to help you clearly understand the legal and practical differences between workplace sexual harassment and sexual assault:
| Feature | Sexual Harassment | Sexual Assault |
|---|---|---|
| Physical Touch | Not always required (can be verbal, visual, or written behavior) | Always involves unwanted physical contact |
| Legal Type | Civil issue — you can sue your employer or harasser for damages | Criminal offense — prosecuted by the state or law enforcement |
| Consent | Involves unwelcome conduct that creates a hostile work environment | Involves non-consensual sexual contact or acts |
| Examples | Sexual jokes, unwanted flirting, explicit emails, inappropriate gestures | Groping, forced kissing, rape, or any non-consensual physical sexual act |
| Reporting Path | Report to HR, supervisor, or through an internal complaint process | Should be reported to the police immediately; may also notify HR if at work |
| Employer Responsibility | Employer must investigate and stop harassment once notified | Employer is not criminally liable, but must ensure safety and support |
| Legal Remedy | File a civil lawsuit (e.g., for discrimination, retaliation, emotional distress) | File a criminal complaint; civil lawsuit may follow for damages |
What Should You Do If You have Been Harassed or Assaulted at Work?
If you have been a victim of harassment or assault at work, you have rights. Here are your first steps:
- Document everything. Write down what happened. Include dates, times, and who was there.
- Speak up. Tell your employer or HR about the issue.
- Seek legal advice. Do not wait. This is a very important step.
At Derek Smith Law Group, we fight for employees. We will listen to you with care. We will help you understand your options. You do not have to be scared. We advocate for employees who have experienced sexual harassment or assault at work. We offer free, confidential consultations and will help you take the next step toward justice.
📞 Call our top rated employment lawyers now at 800-807-2209 or submit a case form online.
