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Sexual Harassment Allegations in California

Posted by Ronald D. Hedding | Feb 19, 2018

Now more than ever, people are being investigated and charged related to sexual harassment activity, whether in the workplace or otherwise.

With the #MeToo hashtag movement in full swing, law enforcement and prosecutors across LA County and the country are evaluating whether to file criminal charges against people accused of doing specific sexual harassment-related activities.

In criminal defense, sexual harassment is not a typically used term.  This term is used in civil suits and a civil context as far as the workforce goes. People in authority abuse their position of authority to do sexually motivated activities toward others and take advantage of their position of authority.

This has now come to the forefront, and many people are being investigated and prosecuted for sex-related offenses under the context of sexual harassment.

When is a Situation Criminal in a Sexual Harassment Context v. Civil?

Many of these cases that we're seeing on the news right now are going to be dealt with, if at all, in a civil context – meaning lawyers are going to be hired, and people are going to be sued for their sexual harassment in the workplace on various levels.

This doesn't necessarily mean that a criminal charge will be filed.  For a criminal charge to be filed in a sexual harassment context, someone will have to engage in illegal activity.  For example, if they committed a sexual battery against another person, Penal Code Section 243.4 – harmful or offensive touching in a sexual context – could be charged at the criminal level.

If someone is convicted of sexual battery, they could be required to register as a sex offender and face imprisonment, depending on the circumstances of the offense.  When discussing these sex-based offenses, it's important to consider whether the situation is a misdemeanor or a felony, as this can significantly impact the severity of the consequences.

Most times, if somebody's inappropriately touching somebody, it doesn't involve any penetration, and the person has no criminal record – it's usually going to be charged as a misdemeanor.

To be charged as a felony, the context would have to be much more severe – there had to be some penetration.  If a child is involved or if the person has a prior criminal record, it's more likely to be charged as a felony.

So, the dividing line between felony and misdemeanor as it relates to sex offenses – sexual harassment, sexual touching – really seems to be the severe level of what is done, such as forceful or non-consensual acts, the context of the violation, and how bad the sexual harassment and sexual touching is in the workforce or otherwise.

Los Angeles County District Attorney's Office Has a Sexual Harassment Unit

It has been reported that the Los Angeles County District Attorney's office has established a specialized unit to handle cases of sexual harassment. When these cases are reviewed, they will not be categorized as sexual harassment but rather as potential sexual offenses.

When they deal with them, they will not be sold under the context of sexual harassment; they're going to be dealt with under the context of whether or not this is an actual sexual offense.

This will require some touching, some force, threat, or inducement by the target of the criminal investigation related to another person.

Suppose the District Attorney's office believes that somebody committed some sex offense. In that case, they will undoubtedly prosecute that person. Still, they're going to have to be able to put that sex offense under some Penal Code violation, or they're not going to be able to prosecute it successfully.

Another issue they're probably going to be running into is that the age of the sexual touching could go outside of the Statute of Limitations, a legal time limit within which a case must be brought. Therefore, they will not be able to prosecute it.

So, when they sit down with victims of sex offenses, people who are involved with sexual harassment, or some sexual act by another person, they're going to be looking at when it occurred, do they let law enforcement know about it, who did they tell about it, how old were they when it happened, and a whole host of other factors in deciding whether or not they're going to consider charging a criminal offense in a sexual harassment scenario.

If you find yourself under investigation for sexual harassment or a sex offense in the workplace or any other context, it's crucial to immediately seek the guidance of a criminal defense attorney. Your attorney will protect your rights under the attorney-client privilege and provide you with expert advice, ensuring you don't say or do anything that could harm your case.

Anything you say will be protected under the cloak of the attorney-client privilege, and then let your attorney advise you.  Your attorney can use their experience of having dealt with these types of cases to contact law enforcement and the prosecutors, ensuring that you don't say or do anything that hurts your position.

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About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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Hedding Law Firm is committed to answering your questions about state or federal sex crime issues in California and throughout the United States.

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