New York Sexual Harassment Attorney Helps You Understand the Charge
Legal Definition of Sexual Harassment
Sexual harassment is most commonly thought of as a workplace offense that can lead to a civil lawsuit. However, certain types of harassing behavior can lead to criminal charges. If you are accused of sexual harassment, it is important to understand the specific sex offenses with which you may be charged. A New York City sex crimes lawyer will provide you with information on possible penalties you face as well as advice on responding to charges to try to reduce chances of conviction or lessen penalties if found guilty.
New York Laws on Sexual Harassment
The New York State Office of the Attorney General defines sexual harassment as a “form of gender-based discrimination” involving unwanted sexual conduct including:
- Touching or groping that is unwanted.
- Coerced sexual acts.
- Displaying pornographic images.
- Sexual gestures.
These behaviors are not just HR violations and if someone accuses you of these acts, you could become the subject of a criminal investigation. A variety of laws in the New York Penal Code have criminalized these and other types of inappropriate sexual actions. For example, you could be charged with:
- First degree rape under New York Penal Code Section 130.35 if you forcibly compel another person to engage in sexual intercourse. First degree rape is a Class B felony.
- A criminal sexual act in the first degree under New York Penal Code Section 130.50 if you engage in oral or anal sexual contact with another person by forcible compulsion. This is a Class B felony.
- Forcible touching under New York Penal Code Section 130.53 if you intentionally forcibly touch the sexual or intimate parts of another person without a legitimate purpose in order to degrade or abuse the person being touched or in order to satisfy a sexual desire. This offense is a Class A misdemeanor.
- Sexual abuse in the third degree under Penal Code Section 130.55 for subjecting another person to sexual contact without consent. This is a Class B misdemeanor.
- Sexual abuse in the first degree under Penal Code Section 130.65 if you subject another person to sexual conduct by forcible compulsion.
- Fourth degree stalking for engaging in a course of conduct likely to damage someone’s emotional health or cause a reasonable fear of harm to health, safety, or employability. This is a Class B misdemeanor under Code Section 120.45.
- Third degree stalking if you stalk three or more people on three separate occasions, or if you have been convicted of similar offenses in the past against the present victim. This is a Class A misdemeanor under Code Section 120.50.
- Indecent exposure if you appear in a public place with unclothed or exposed intimate parts. This is a violation under Code Section 245.01.
You may also face additional charges depending upon the specific type of sexual harassment you have been accused of engaging in.
A New York sexual harassment attorney can help you to understand the potential implications of the accusations being made against you and can assist you in responding appropriately to any allegations of criminal sexual harassment.
Federal Sexual Harassment Laws
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace and creates a civil cause of action for quid pro quo harassment, as well as for hostile work environment harassment. Civil penalties for sexual harassment are just the beginning, as it is possible to be charged with a federal sex offense for certain types of harassing behavior.
The type of federal crime you are charged with will vary based on behaviors you have been accused of engaging in. For example, if you are accused of using force to cause someone to engage in a sexual act, you can be charged with aggravated sexual abuse under Federal Code Section 2241. This could result in a potential penalty of up to life in prison.
Penalties for Sexual Harassment
Penalties for sexual harassment vary depending upon whether you are charged with a state or a federal offense, and whether you are charged with a misdemeanor or a felony offense. In certain case, you will experience lasting consequences even after being released from jail or prison. You may be required to register as a sex offender, which can limit where you may live and where you may work.
Registering as a sex offender means you must provide information on your physical address to law enforcement and you must regularly provide updates if you move or change jobs. Neighbors and potential employers may be notified of your status as a sex offender and your name and photograph will appear on online registry lists. You may be prohibited from the use of a computer or smartphone, among other restrictions. Your future job and relationship prospects will be affected by this required registration.
What Should You Do If You Are Accused of Sexual Harassment?
If you are accused of sexual harassment, you need to determine the best approach to protecting yourself. You should not admit that you engaged in any inappropriate behavior or answer questions until after you have spoken with a New York City sexual harassment lawyer for advice on what your options are. Apologizing or admitting guilt to your employer or to police could strengthen a criminal case against you.
In a civil lawsuit for sexual harassment, the victim will seek monetary compensation and must prove that more likely than not the harassing behavior occurred and caused damages. In a criminal case, however, the prosecutor moves forward with charges against you. The goal is not to provide monetary compensation to the victim but rather to impose a penalty for violating criminal laws on sexual behavior. A prosecutor must prove beyond a reasonable doubt that your behavior was a violation of the criminal laws on sex crimes. Because there is a different standard of proof, it is possible you will win a criminal case but lose a civil case.
It is important to understand your options for any court proceedings in which accusations of sexual harassment are made. Typically, contacting a New York City sexual harassment lawyer is a smart choice.
How a NYC Sexual Harassment Lawyer Can Help
A NY sexual harassment attorney at Bukh Law Firm, PLLC. can represent your interests after you have been accused of inappropriate sexual acts. Your lawyer can help you to raise consent as a defense, or explore other possible defenses to the accusations being made. He can also help to negotiate a plea bargain, fight to get evidence suppressed, petition for the court to drop charges, and help to present your case to a jury in a criminal trial.
Contact our New York sexual harassment lawyers today to learn more.
