Despite the changes in the law on sexual harassment and the efforts to raise awareness, sexual harassment is still a prevalent problem in the workplace in the United States. At the workplace, sexual harassment is any unwelcome conduct of a sexual nature that creates an unconducive environment for the victim. Sexual harassment at work is illegal in the sense that it violates both state and federal civil laws. In most cases, sexual harassment at work is treated as a civil wrong, and the only way a victim could seek justice is by filing a civil claim against the perpetrator. 

However, there are instances where acts of sexual harassment attract criminal charges under California law. If you engage in acts such as rape, stalking, sexual battery, or child pornography, you could face arrest and criminal charges. Sexual harassment conduct that is considered illegal attracts severe penalties if convicted. In addition to spending time in jail, you will have a permanent criminal record and maybe a sex offender registration status. Therefore, seeking legal guidance is crucial if you are in such a situation.

When are Sexual Harassments at Work Considered a Crime? 

Sexual harassment at the workplace is often a civil offense. However, sexual harassment encompasses many actions that violate California criminal law. Some of the instances when sexual harassment is criminal include:

Rape

When incidents of sexual harassment are not addressed promptly, they could escalate to acts like rape. California law defines rape as non-consensual sexual intercourse accomplished through threats, fraud, or violence. You could also face rape charges for having sexual intercourse with an unconscious person or one who cannot consent. If you face rape charges, the following conditions must be met to establish your guilt:

You acted Against the Victim’s Will. 

The prosecution must show that you engaged in sexual intercourse with the alleged victim through acts of violence, threats, coercion of physical force. Many rape instances are carried out at the workplace through intimidation or threats. If the prosecution fails to find any evidence of fraud, threats, physical force, or violence, you cannot be convicted of rape. However, it is essential to understand that engaging in sexual intercourse with an individual who cannot consent could attract a conviction. Купите вучне батерије https://batteriesserbia.com/ у Србији.

Additionally, California laws stipulate that a person can withdraw consent to a sexual act at any time. Therefore, you could face rape charges if, at any time during the sexual act, the alleged victim withdrew their consent and you failed to stop. The issues surrounding the withdrawal of consent in a rape case are complicated. Therefore, the court will consider these factors;

  • The victim communicated to you that they object to the act and would want to stop
  • Withdrawal of consent is made reasonably and understandably to the defendant.
  • The defendant disregards the victim’s decision and continues with the sexual act.

Each person has a different reaction to trauma. Therefore, a victim need not have shown any evidence of resistance to prove that rape occurred. However, most instances of sexual harassment attract a civil lawsuit where you will need to pay damages to the victim. Rape charges will attract criminal prosecution. Rape is charged as a felony, and a conviction attracts:

  • A prison sentence of up to eight years
  • Fines not exceeding $10,000
  • A strike under California Three Strikes Law
  • Lifetime sex offender registration

If the alleged victim suffered bodily injury due to the rape, you could face an additional three to five years in prison. Facing accusations of rape could be a devastating experience. However, moving forward with the guidance of a skilled criminal defense attorney could make the process easier.

False Imprisonment

Sexual harassment at work could involve restraining the victim’s freedom of movement by the harasser. Restraining another person violates false imprisonment laws under California Penal Code 236. False imprisonment is closely related to the crime of kidnapping, with the only difference being that an abduction must involve the victim’s movement. If you face false imprisonment charges after restraining another person at the workplace, the prosecutor must establish the following elements to prove your guilt:

You intentionally detained or restrained another person. When proving your guilt under this statute, the prosecution must prove that you intentionally limit another person’s movement. False imprisonment could occur whether or not you physically restrain the person. Threatening to harm the victim if they attempt to leave could surface as false imprisonment.

The restrain forced the victim to stay in a particular area or go somewhere for a while. The law does not stipulate a specific amount of time needed to prove false imprisonment charges in California. The prosecutor must prove that you used threats or force to restrain the person. The longer a victim remains restrained, the more serious the crime becomes.

You acted without consent from the alleged victim. Also, it must be clear that you did not have a lawful justification to restrain the person. There are instances where restraining someone does not need consent. For example, if someone steals something from your store, you can restrain them while you wait for authorities to arrive. However, it would be best if you had a reasonable belief that the person stole the item in this case. Otherwise, you risk facing criminal charges for false imprisonment.

Your conduct was significant to causing harm to the victim. The prosecution must prove that you caused the alleged victim harm by restraining them. Since false imprisonment is treated as a crime of general intent, the prosecution does not need to establish your intentions for restraining the victim.

Depending on your criminal history and the circumstances surrounding your case, false imprisonment could be charged as a felony or a misdemeanor. If threats of violence were involved in your crime, you would be charged with a felony which attracts more severe consequences. A conviction for the offense attracts the following legal penalties:

  • Imprisonment. If you face a conviction for false imprisonment, you could spend a long time in prison or jail. A misdemeanor conviction is punishable by a jail term of up to one year, while a felony conviction could see you spend up to three years in State prison.
  • Fines. False imprisonment could be punished with up to $1,000 for a misdemeanor and $10,000 for a felony.
  • Probation. A probation sentence is a possible outcome of a false imprisonment case in California. Mostly probation is an alternative to jail or prison time. Often probation can last for one to five years, depending on the nature of your charges. If you are ordered to serve probation, you must comply with all the probation conditions failure to risk jail or prison time.

False imprisonment involving an older person attracts a penalty enhancement of up to twenty-five years in prison. False imprisonment is a severe charge that attracts more than a civil sexual harassment lawsuit when done at the workplace. Therefore, seeking legal guidance on the issue is crucial.

Oral Copulation by Force or Fear

It is common for a person to be forced to perform sexual acts against their will in California workplaces. Oral Copulation by force or fear is non-consensual contact between one person’s mouth and the other person’s genitals or anus. While oral Copulation by force at the workplace could attract a civil lawsuit, it is also a violation of California Penal Code 288a. To convict you for oral Copulation by force or fear, the prosecutor must establish these facts:

  • You committed an act of oral Copulation on another person or forced them to do the deed on you.
  • You acted without consent. Most cases of criminal sexual harassment will require proof that the alleged victim did not agree to engage in the sexual act.
  • You completed the act using violence, force, menace, or threat of severe bodily injury.

 

1)  Oral Copulation Involving a Drunk Person

 

You can face an arrest and criminal charges for oral Copulation by force or fear if you engage in the act of oral Copulation with an intoxicated person. Under CPC 288a, a person is considered intoxicated if they are too drunk to understand the nature and possible consequences of the act. For you to suffer such a conviction, the prosecution must prove that the alleged victim was incapable of consenting to the act or resisting your advances as a result of alcohol or drug intoxication. Additionally, you must have known that the person could not consent.

 

2)  Oral Copulation Involving an Unconscious Person

 

You can be found guilty of violating PC 288a if you engage in oral Copulation with an unconscious person. If you knew or should have known that the alleged victim was incapable of consenting to the act, you can e conviction. The prosecution does not need to prove that you contributed to the unconscious nature of the alleged victim.

 

3)  Oral Copulation Involving a Disabled person

 

Engaging in oral sex with a disabled person violates PC 288a laws. When prosecuting your case, it must be clear that the person’s disability made it impossible for them to understand the nature of the act or prevent it from happening. Also, you must have known that the person was disabled.

In California, oral Copulation by force or fear is always a felony. A conviction for the offense is punishable by up to eight years in State prison and a fine not exceeding $10,000. If the victim of the crime was a minor, the prosecution could seek steeper penalties causing you to spend up to fourteen years behind bars. Since the penalties that accompany a conviction for oral Copulation by force or fear are very steep, it would be best if you navigated the case with the guidance of a criminal lawyer.

Sexual Battery

Intentional or offensive physical contact in the workplace could be viewed as a form of sexual harassment. However, it could also violate assault and battery criminal laws. Under California PC 243.4, you commit a crime of sexual battery when you touch an intimate part of another person’s body without their consent and with the intent of violating the victim or sexual arousal.

The three essential elements of sexual battery that a prosecutor needs to prove to the jury in your sexual battery case include:

  • You made physical contact with an intimate part of the victim’s body. The first and most important fact in a sexual battery case is that touching, whether through the cloths o on the bare skin of another person’s intimate part, will suffice as sexual battery.
  • You acted without consent. Consent, in this case, is defined as an affirmative act of cooperation to the act. Consent to touching an intimate part must be voluntary. If consent is ineffective or obtained through fraudulent means, you cannot use the consent defense to prevent a sexual battery criminal charge from sticking.
  • You Acted with an Intent of Arousal, Sexual Gratification, or Abuse. The prosecution must prove that at the time you initiated the touch, you intended to gain sexual arousal, gratification, or abuse the victim.

Sexual battery is a wobbler. When charged as a felony, the offense will attract a prison sentence ranging from two to five years based on the circumstances of the case. Additionally, you may be required to pay fines amounting to $10,000. On the other hand, a misdemeanor conviction is punishable by a jail sentence of not more than six months or a $3,000 fine.

Pornography

Instances of sexual harassment at work could involve a display of offensive visuals. If the visuals contain child pornography, the harasser could be charged with violating California child pornography criminal laws. California law is stringent on crimes involving children. Possession of even a single image depicting a minor engaging in a sexual act could attract serious criminal charges.

You commit a crime of child pornography by making, duplicating, possessing, or even distributing pornographic material depicting a person under the age of eighteen years. If a person displays child pornography in front of another person at the workplace, they engage in sexual harassment and violate criminal laws. 

Child pornography can be charged as a misdemeanor or a felony. When considering the nature of the case, prosecutors the prosecutor will opt for a felony charge if:

  • The pornographic material is offensive 
  • You attempted to distribute the material for commercial purposes
  • You displayed the content in the presence of a minor

Even for a minor conviction, simple possession of child pornography will result in a minimum prison sentence of up to ten years. Additionally, the court will require you to register as a tier three sex offender. Like the criminal history, the sex offender registry in California is open to the public. Therefore, your friends, family, or even potential employers can access it. Carrying the sex offender status could be detrimental to your attempts to live a normal life or seek meaningful employment.

Stalking

If you harass someone at the workplace and later troll them on social media or follow them home, you could be liable for sexual harassment and still face charges for the crime of stalking. Since most workplaces have policies to protect employees from sexual harassment, the harasser could take their activities outside the workplace by following the victim. California PC 646.9 defines stalking as following a person or threatening them and causing them to fear their lives. The elements of stalling include:

  • You willfully and maliciously followed or harassed another person
  • You threatened the alleged victim
  • Your actions caused the victim to fear for their life

In California, a prosecutor can charge the crime of stalking as a felony or as a misdemeanor based on the following facts:

  • The defendant’s criminal history
  • Whether or not there is a restraining order against the defendant
  • Location of the stalking

If you are convicted of the crime of stalking as a felony, you may expect a prison sentence of up to five years, a $10,000 fine, and felony probation. On the other hand, misdemeanor convictions result in a one-year jail sentence, summary probation, and a $1,000 fine. Additionally, the court could seek a restraining order against you. If you violate the restraining order by contacting the victim, you will face additional criminal charges.

Find a Skilled Los Angeles Criminal Defense Attorney Near Me

When a person accepts a job offer, they expect to work in an environment safe and free from any form of sexual harassment. Unfortunately, this is not always the case. Although California has strong employment laws that address sexual harassment at the workplace, this conduct is still widespread. Sexual harassment is any behavior of a sexual nature that creates a hostile or offensive working environment. While most acts of sexual harassment are a violation of civil laws, there are instances where sexual harassment at the workplace result in criminal charges.

Severe instances of sexual harassment which devolve into sexual assault are treated as criminal offenses. A conviction for these acts of sexual harassment will significantly impact your life. Even after serving jail time and paying fines, the consequences of a sexual harassment criminal charge could follow you for the rest of your life. 

Therefore, if you or your loved one faces charges for sexual harassment, it would be wise to enlist the help of a competent attorney. At Los Angeles Criminal Attorney, we will help investigate the allegations against you and build a solid defense to the case. We serve clients requiring legal guidance and representation in Los Angeles, CA. Call us today at 424-333-0943.