Criminal Sexual Conduct
The New York sexual harassment lawyers at Phillips & Associates are dedicated to defending the rights of victims subjected to criminal sexual conduct in the workplace. We have successfully handled all types of sexual harassment claims, including those involving criminal conduct, and provide full service legal representation to our clients in New York City and throughout the Tri-State area.HOW CRIMINAL SEXUAL CONDUCT DIFFERS FROM TYPICAL SEXUAL HARASSMENT
While certain forms of sexual harassment are more nuanced, and must meet certain requirements regarding frequency and intensity to rise to the level of a legal violation, there are other behaviors that instantly cross over into the realm of criminal behavior.
The most relevant forms of sexual criminal conduct that employees may encounter in a New York workplace include:
A Criminal Sexual Act: This occurs when a person engages in oral or anal sexual conduct with another person without such person’s consent.
- In the Third Degree: The lack of consent is by reason of some factor other than incapacity to consent. This is a class E felony.
- In the First degree: The lack of consent is by forcible compulsion. This is a class B felony.
Forcible Touching: This occurs when one person intentionally, and with no legitimate reason, forcibly touches another person’s sexual or intimate parts for the purpose of degrading or abusing the victim, or for the purpose of gratifying the perpetrator’s sexual desire. This includes acts such as squeezing, grabbing, or pinching. This is a class A misdemeanor.
Persistent Sexual Abuse: This occurs when an individual commits forcible touching (as described above) or sexual abuse in the third degree (defined below), and has within the past 10 years been convicted two or more times in separate instances of any of those crimes and a sentence was imposed in those cases. This is a class E felony.
Sexual Abuse: This occurs when an individual subjects another person to sexual contact without consent.
- In the Third Degree: This occurs when the contact is without the victim’s consent. This is a class B misdemeanor.
- In the First Degree: This occurs when the contact is by forcible compulsion. This is a class D felony.
If you have been a victim of sexual criminal conduct, you may be surprised to learn that these sorts of sexual impositions happen more often than people generally believe. It may give you hope to know that there are systems in place that many people like you have utilized and that you can take advantage of as well to protect your rights.
As with other forms of sexual harassment, one of the keys to a successful case for criminal sexual conduct is the preservation of evidence. Therefore, it is important to keep any records you may have that reflect the offensive conduct. Further, and in addition to informing the aggressor that his or her behavior is not acceptable, be sure to inform your employer of the conduct, and keep a record of this communication if possible.
Additionally, because these alleged acts are crimes, you will likely wish to contact police so that a criminal investigation can be initiated. However, if the prospect of handling a criminal investigation seems daunting, remember that your New York sexual harassment attorney can likely handle all of the relevant aspects of your case, including those related to criminal sexual conduct.EXPERIENCED ADVOCATES FOR VICTIMS OF SEXUAL MISCONDUCT
If you have been a victim of criminal sexual conduct in the workplace, consult with the experienced New York sexual harassment attorneys at Phillips & Associates. We will fight to ensure that your rights are protected in the criminal justice system, and strive to recover the compensation that you deserve through civil remedies. We understand how difficult it can be to not only be a victim of criminal sexual conduct, but to then have to endure the ups and downs of prosecuting your case. We are dedicated to providing the highest quality of representation, and we will ensure that your case is pursued vigorously. Contact us today by calling (212) 248-7431 in order to schedule your free confidential consultation — there is no fee unless we recover — or Contact Us online.
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