Criminal Sexual Conduct
In New York City, persons who have suffered employment sexual harassment have a right to file a lawsuit in New York City court or in addition or alternatively bring a charge to the Equal Employment Opportunity Commission (EEOC). Further, victims of illegal workplace sexual misconduct may be able to bring both criminal and civil charges against the perpetrator of the sexual misconduct. Therefore, your employer may face jail time, criminal fines, probation, community service 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.
Depending on how sever a sexual offense charge is, it could be classified as misdemeanor or felony. It is important then that you speak to a sexual harassment attorney who can help you even if you are not sure of how sever the offense may be, it may likely be a criminal act and our attorneys at DeToffol & Gittleman can help you understand the situation better.
Classifications Of Criminal Sexual Offenses
Most sexual harassment cases are cases are civil. However, New York City laws recognize several types of non-consensual sexual behavior and classify them by varying degrees of the law which can be criminal in nature. They are categorized in the following way:
- 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.
- 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.
- 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.
- False imprisonment: imprisoning a person without their consent or the legal authority to do so.
- 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.
- Stalking: At the highest level, stalking in the first degree — a Class D Felony — the stalker has “intentionally or recklessly” caused physical injury.
The above categories are divided into three major degrees of violations depending upon the frequency and severity of the offense committed. They are the First, Second and Third degree violations of the law. As a victim of sexual harassment or assault, you may be considered unable to consent if you were incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Note however that, depending upon the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Also, consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. When consent is withdrawn or can no longer be given, sexual activity must stop
Sexual criminal conducts are illegal conducts and should not be condoned. At DeToffol & Gittleman, we are aware of your rights not to be sexually harassed or assaulted in your workplace, so we are here to listen to you and help you make sense of those situations by ensuring that the perpetrators are held accountable and you enjoy a non-hostile work environment. Again, you do not have to put up with any form of sex discrimination or harassment at your place of work, and when you have, we see to it that you get the compensation you deserve. We are aggressive advocates for our clients, and have substantial experience in workplace harassment and discrimination claims. So, for your free and confidential consultation, contact us today at (212) 962-2220.