Most laws define sexual harassment as unwanted sexual advances, requests for sexual favors, or verbal or physical sexual conduct, all of which are considered to create a hostile environment. Conduct which typically falls under sexual harassment includes touching another, flirting excessively, repeatedly asking for dates after having been turned down, displaying suggestive pictures, using crude or suggestive language, and sexual jokes. A common example is in the workplace where there is an indication that employment is conditional upon the acceptance of the sexual advances. If an employer is involved, for instance, it may be suggested that the employee will be fired if he or she complains about the employer’s language and actions. In addition to civil lawsuits, an employer may also be charged with sexual harassment.
The employer is usually charged with the sexual harassment of the employee. Of course, if the individual receiving the actions never informs his or her employer of the offensive behavior, it is difficult for the employer to properly intervene and stop the sexual harassment. Once the employee does inform the employer of the harassment, however, the employer must take measure to stop the sexual harassment from occurring, usually by warnings, monitoring, training, transfer, or even termination of employment. Otherwise the employer may be liable. Civil penalties can include jail time, restitution such as payment of lost wages, compensatory damages for emotional pain and anguish, punitive damages, attorney and court fees, and reinstatement of employment and even promotion for the victim. Criminal penalties are much harsher because there is the possibility of jail time.
However, a criminal lawyer will point out that there are many possible defenses against a charge of sexual harassment. The behavior must be of a sexual nature, and must be unwelcome to the individual. A sexual harassment lawyer may point out that an individual who broke up with another may be complaining now of sexual harassment, when in fact the individual consented and participated in the behavior and is now seeking revenge for the break-up. Other activities a criminal lawyer may notice and use as a defense are flirting, sexual mannerisms or clothing, or invitations to parties or meals after the supposed sexual harassment occurred. The apparent victim may also have made the rejection so unclear that it is hard for the accused and his or her sex crime attorney to determine whether or not the advances really were unwelcome.
If you have been charged with sexual harassment, contact one of our expert criminal defense lawyers today. A skilled criminal lawyer will be able to find the best defense for you and help you prevent the charges and expenses associated with being convicted of sexual harassment.
If you want the best in knowledgeable legal representation & a criminal law firm that will treat your case with consideration and concern, please contact us 24/7 at (866) 847-1247 for a FREE confidential consultation.
|