Workplace sexual harassment can have a devastating impact on the alleged victim. It can affect an employee's job performance, ability to keep their employment or move up the firm, and overall physical and mental well-being. While the workers can seek compensation by filing a civil claim, civil law does not criminalize the behavior. However, sometimes sexual harassment can become a crime. In this post, you will learn situations in which sexual harassment in the workplace can also be an offense and your options if charged with the crime in Van Nuys, California.
What Constitutes Workplace Sexual Harassment in California
California laws prohibit bosses and workers from sexually abusing an employee, independent contractor, volunteer, intern, or applicant.
Generally, workplace sexual harassment involves unwanted, inappropriate, or hostile behavior directed at an employee based on specific illegal reasons, including:
- Gender
- Sex
- Gender expression
- Gender identity
- Sexual orientation
- Marital status
- Childbirth
- Pregnancy
- Pregnancy-linked health conditions
The list above defines illegal motives but does not outline unlawful acts. Regrettably, there is no clear definition of which conduct constitutes sexual harassment. Instead, courts have defined this concept using general terms.
As a result, to clarify the matter, workplace sexual harassment can be classified into two:
- Quid pro quo
- Hostile work environment
Quid Pro Quo
The legal phrase means "this for that." It happens when a person requests or demands sexual favor in return for a job benefit.
Generally, it can manifest in either of the following forms:
- A supervisor or employer offering a worker a benefit upon the worker agreeing to the sexual favor
- A supervisor or employee threatening a worker about work-related conduct, such as threats of being fired, unless the worker agrees to the sexual demands
Typically, quid pro cases involve uninvited sexual advances, commentary of the worker's body and its sexual uses, or inappropriate discussions of explicit sexual conduct.
The defendant can commit the violations either impliedly or expressly. A mere hint at an employment benefit in return for a sexual favor is enough to constitute this form of sexual harassment.
Hostile Work Environment
Hostile work environment sexual abuse is too pervasive to create an abusive working environment. The harassment is illegal irrespective of whether driven by sexual desires or not. However, the conduct should be frequent, serious, or both.
Workplace sexual harassment only breaks laws if the act in question is abusive or objectively hostile. Usually, mildly offensive or a few irritating comments are not enough.
Additionally, sexual harassment should subjectively humiliate, distress, or offend the alleged victim. Individuals cannot argue that they experience this form of workplace sexual harassment if they deliberately invited it or were not emotionally affected.
To establish the employee suffered, they should prove at least one of the statements below:
- The conduct affected their emotional peacefulness at work
- The sexual abuse affected their normal job performance
- The harassment undermined or interfered with their well-being sense
While some courts suggest that one serious violation like rape is adequate to support a hostile work environment claim, the victims should prove repeated unlawful conduct instances in most cases. California courts use the following factors when determining whether the working environment is adequately abusive or hostile:
- The conduct's severity — A severe act is more likely to be illegal than mild behavior. The more severe the act is, the less frequent it requires to happen to satisfy the "pervasive" conduct threshold.
- The behavior's frequency — Even mild conduct can be illegal if they occur frequently enough.
- The conduct's context
Gender Does Not Matter
Workplace sexual harassment law protects women and men equally (alongside any other gender identification). In other words, sexual abuse perpetrated by a man is illegal to a similar degree it would for a woman.
Additionally, sexual abuse is illegal even if the aggressor is the same gender as the alleged victim.
In layman's language, the gender of the alleged victim and harasser is irrelevant. What matters is whether your underlying behavior broke the law.
When is Workplace Sexual Harassment an Offense?
While sexual harassment itself is not an offense, some sexually harassing behavior is criminal. Sexual harassment includes numerous acts, some of which break the law. For instance, it is not an offense to display photos of adults on your computer that other people find offensive in many situations. However, if you physically assault a colleague, it is both sexual harassment and an offense.
Rape by A Supervisor, Colleague, or Employer
Penal Code Section 261 defines rape as engaging in sexual intercourse with an individual to whom you are not married and without their consent. The act is achieved using either:
- Violence
- Application of force
- Menace
- Duress
In this context, sexual intercourse means penetration of the vagina or genitalia by the penis, regardless of how slight.
To consent, the other person should act voluntarily, freely, and understand the conduct's nature. Please note that an individual who initially consented to sexual intercourse can change their mind during the behavior and no longer consent.
If found guilty, you will face up to eight years in California state prison and formal probation. You can also face additional five years in prison if the victim sustained great bodily injuries when committing the crime.
Sexual Assault or Battery
You commit sexual battery or assault when you touch somebody else's intimate part against their will for either sexual abuse, sexual arousal, or sexual gratification purposes.
Touching means contacting the alleged victim's intimate part either through clothing (can be yours or the victim's) or directly. When it comes to workplace sexual harassment, criminal conduct could include groping, pinching, or severe non-consensual sexual actions by a supervisor or colleague.
An intimate part can be the anus, buttocks, sexual organs, groin, or female breast.
If no aggravating factors exist, you will face a misdemeanor that carries the following penalties:
- A six-month county jail sentence
- Three thousand dollars in fines
- Five-year informal probation that includes registration as a tier one sex offender for at least ten years, completion of a program tailored to aid those with sexual abuse challenges, and community service
If convicted of a felony, you will face the consequences and penalties below:
- Felony probation
- A maximum of four years in state prison and possibly consecutive and additional five years of imprisonment if the alleged victim suffers great bodily injuries
- $10,0000 in fine
- Registering as a tier III sex offender for life
False Imprisonment
There are cases where an individual restrains or holds their employee or colleague against their will, but the conduct does not lead to kidnapping charges. In this case, the defendant can be prosecuted with a lesser crime of false imprisonment per PC 237 or PC 237(a).
False imprisonment sounds like it cannot apply to workplace sexual harassment. However, it can occur. For instance, the harasser can intimidate the victim verbally or physically in an office, hotel room, or motor vehicle to subject them to offensive behavior.
The crime is either a misdemeanor or a felony, depending on whether you used violence, force, or menace to restrain the victim. Violence means applying physical force that is more than reasonably essential to restrain a person. On the other hand, menace means using physical or verbal threats of harm. The threat of harm can be implied or expressed.
A misdemeanor conviction carries up to a year in county jail and fines that do not exceed $1,000.
False imprisonment is charged as a felony when the crime involves menace or violence. A conviction attracts a three-year county jail sentence.
Workplace Stalking
PC 646.9 defines stalking as intentionally and maliciously harassing or following and making criminal threats to a person to a point the individual reasonably fears for their safety or that of their immediate family.
The behavior behind stalking can include sending repeated unsolicited messages and calls, physically following a victim, waiting for the alleged victim in your company parking lot, and trolling the victim on their social media platforms. Even a seemingly innocent gesture such as sending gifts can constitute stalking if the harasser's conduct reasonably causes the victim to fear for their safety.
Stalking is a wobbler in California; the defendant can be prosecuted with either a felony or misdemeanor depending on the case circumstances.
A misdemeanor attracts the following potential penalties:
- Up to $1,000 in fine
- A year in jail
- Summary probation
If you have a previous stalking conviction, you will be charged with a felony. A conviction is punishable by five years in prison, $1,000 in fine and formal probation.
Pornography as a Crime
Generally, sexual harassment in the work environment involves offensive visuals. If the visual includes child pornography, the harasser can be guilty of breaking California child pornography laws.
PC 311 is the primary statute prohibiting sending, transporting, printing, duplicating, advertising, or possessing child pornography. Child pornography is any material or matter depicting sexual conduct by a minor.
A material or matter can be films, videotapes, slides, photos, or negatives.
Child pornography is a wobbler. If sentenced to a misdemeanor, you will spend one year in jail and a maximum fine of $2,500. On the other hand, a felony conviction carries a maximum of three (3) years in state prison.
A conviction can also result in:
- Loss of firearm rights
- Negative immigration consequences
- Registering as a sex offender
Indecent Exposure
A person can be charged with indecent exposure if they willfully expose their private parts in their workplace in the presence of a person that can be offended or annoyed.
To be convicted, you should act in a way that you intend to draw attention to your intimate parts for sexual gratification or to offend somebody else. The intent is the most significant factor in PC 314. That means you cannot be found guilty of indecent exposure if you were to expose your private parts in public that is out of view of your colleagues, employees, or employer.
If convicted of a misdemeanor indecent exposure, you will spend six months in jail, pay a fine of $1,000, and register as a sex offender for ten years under PC 290.
If you are either:
- Found guilty of your first PC 314 but have a previous conviction for lewd conduct with a child, or
- Convicted of PC 314 for a subsequent time,
you will face felony charges.
The crime is punishable by:
- Up to three years in prison
- A fine of $10,000
- A ten-year obligation to register as a sex offender
Steps to Take If You Are Falsely Accused of Workplace Sexual Harassment
When a worker reports a sexual harassment claim, the employer should investigate the matter. While the responsibility falls typically on the shoulders of the human resources department, an outside professional can handle the investigation if the firm does not have a dedicated human resource manager.
Some firms will elect to bring in a lawyer or a consultant, especially if the defendant is a senior manager or supervisor.
Depending on the seriousness of the sexual allegation, the organization can suspect the accused from work throughout the investigation duration.
However, what happens if you are innocent? False accusations happen. It can stem from jealousy, revenge, or a competitive individual determined to destroy your career because they want to be in your position. Here is what to do if you are falsely accused.
- Remain calm and do not retaliate — Although your initial instinct can be trying to defend yourself, defensive conduct during the investigation makes you look unethical. On the other hand, your accused can use retaliation to prove your guilt. Instead, remain calm and think of the steps to take.
- Review the company's sexual harassment policy — Reviewing the policy illuminates whether your conduct is sexual abuse or not. Moreover, the policy should outline what occurs during your investigation. Understanding what to anticipate and who to consult with can help you prepare for any proceeding and restore your reputation.
- Consult with the human resource department — Speak with your human resource manager to see how you can settle the matter according to the organization's policy. They will give you guidelines on defending yourself and sometimes mediate the allegations, mainly if they stem from a misunderstanding.
- Collect evidence — Write as many details about the encounter as you recall. Also, ensure that you present witness accounts and honest alibi that can establish your innocence. If you were somewhere else when the sexual abuse occurred, gather evidence for that. It can be witnesses, photos, parking tickets, and receipts.
- Cooperate with your investigation — Hindering investigation can make you look guilty. Instead, cooperate with the investigators and provide them with the details they ask you.
- Hire an experienced lawyer — While the human resources manager can guide you on what to expect during your investigation, they will not build your defense. Instead of self-representing yourself, consider hiring a skilled attorney. It is especially true if the allegation involves criminal charges. The lawyer can review your case, build a strong case defense, and advise you of your legal rights.
- Do not speak with any person involved in the criminal case — As a suspect, you should not talk with any person involved in the workplace sexual abuse incident, including the victim and their witnesses. You will gain little by discussing the occurrence. You also risk making incriminating statements. Law enforcers will interview all persons involved, and poorly-phrased comments can be used as evidence against you.
- Do not speak with the police — You should not talk to law enforcers unless your criminal defense lawyer is present. By refusing to speak to police officers, you force them to build their case against you. Additionally, it reduces your possibility of saying something that can coincidentally or inadvertently incriminate you.
Legal Defenses to Fight Workplace Sexual Abuse Charges
Your seasoned criminal defense lawyer will review the case and explore several paths in your defense. Discussed below are common defenses:
The Victim Gave Consent to the Sexual Conduct
Many sex offenses depend on this criminal fact. If you can establish that the penetration or sexual conduct was consensual, you cannot be convicted of any crime.
Since the prosecution should demonstrate that the alleged victim did not consent to the conduct, your attorney can cast doubt by suggesting the sexual contact did not violate the victim's consent or will.
Please note that you cannot use consent as your defense if the victim was incapacitated or you acquired consent by coercion or force.
You Were Falsely Accused
Most sex crime charges are founded on false allegations. The victim can make false accusations due to revenge, to obtain leverage over you, or jealousy.
Proving Your Innocence
Sometimes you can fight the charge with proof of your innocence. It can take the form of DNA evidence or an alibi proving that you were somewhere else during the workplace sexual abuse.
Insufficient Evidence
It is the responsibility of the prosecution team to prove sexual harassment beyond any reasonable doubt. If the team does not have evidence to prove this standard of proof, it cannot find the defendant guilty.
Find Skilled Legal Representation Near Me
Many individuals recognize that workplace sexual harassment is inappropriate and can be grounds for civil lawsuits. However, sometimes these actions can result in criminal charges. If you have been charged with sexual harassment in your workplace, it would be wise that you consult with a qualified Van Nuys criminal defense lawyer regarding your legal rights and what to anticipate. At Legal Leah, our attorneys can review the case, challenge the evidence against you, beat criminal charges, and fight to clear your name and reputation. Call us today at 818-484-1100 for a confidential and free initial consultation.