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Sex Crime or Sexual Harassment?

There's a very interesting distinction between sex crime offenses that are prosecuted criminally in California and those that are just merely sexual harassment.

The dividing line seems to be that a sex crime is when somebody touches another person in an impermissible manner on their private part.

Also, sex crimes can include looking at somebody in a certain way – like setting up a camera in a bathroom, for example. Sexual harassment is a little bit different.

That's when you're put some pressure on somebody impermissibly. That's a civil offense where you're trying to get them to do something sexually and take advantage of them, usually in the workplace.

There are situations where someone does something that is sexual harassment and a sex crime. For example, when somebody in an office situation touches a fellow worker or someone under them – their superior inappropriately touch them and tries to get them to do something sexual. Otherwise, they'll lose their job.

Under those circumstances, that would be both a sex crime because of the impermissible touching. It would also be sexual harassment because the person is in a position of authority. They're trying to get some of the exploitation of the person and threatening them related to their job.

So, this whole thing about sexual harassment that's coming out on the news right now as I write this post, it's necessarily a crime. It depends on what the circumstances were.

It happens all the time in Hollywood with celebrities or some director or producer or somebody in a position of authority is trying to get actresses or even actors to do something sexually so that they can further their career.

This is not necessarily a crime. It just depends on the facts and circumstances and the totality of the case when you're talking about the difference between sexual harassment and a sex crime.

The LA County District Attorney's Office Has Set Up a Special Task Force Related to Sex Crimes and Sexual Harassment

So, the District Attorney's office in LA County has set up a special task force related to sex crimes and sexual harassment. Basically, with all the news lately about sex crimes and sexual harassment in LA County, the Los Angeles County District Attorney, Jackie Lacey, has set up a particular unit to deal with these cases as they come flooding in. But these guys are brilliant.

They know what their marching orders are. They know when they can prove that a case is a crime, and they know when they can prove what is not a crime, so they're going to do their investigation.

They're going to see if they have witnessed, and they're going to assess and see whether or not a sex crime has occurred versus sexual harassment.

If it's sexual harassment, then the person will be dealt with civilly. They can be sued.

The person who is sexually harassed can get civil damages against them and other remedies like a restraining order if they feel the person has harassed them. They need to be restrained from coming within a hundred yards of them.

Suppose, on the other hand, someone has touched somebody in an impermissible manner. In that case, the LA County District Attorney's office will file a sex crime charge against them depending on what they did – sexual battery, for example – there are all sorts of crimes that can be charged related to impermissible unlawful sexual touching of another person.

So, suppose you're on the bubble as far as is the case a sex crime, or is the case a situation where it's just merely sexual harassment. In that case, you're going to want to talk to an attorney. You're going to make sure that you do not give any statements to the police because your account can fill in the missing pieces of the puzzle in a sexual harassment case to make it a sex crime case.

So, it is never a good idea to speak to the police when it comes to sex crimes or even sexual harassment where you're facing monetary damages.

You want to use your attorney. Let your attorney advise you. Let your attorney talk to the police. Let your attorney set the strategy for you. Hence, you put yourself in the best position to either not get prosecuted for a sex crime or sued for sexual harassment in the first place, and if you are under investigation – if you are going to be charged – don't help the prosecutors by stating the police that can later be used against you.

This happens all the time in sex crime cases and sexual harassment cases. It's one of the chief pieces of evidence that the prosecutors use to prosecute somebody in an LA sex crime case.

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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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