Sexual Harassment, Abuse and Molestation – An Overview
Claims for sexual harassment, abuse and molestation stem from unlawful sexual conduct. If you or a loved one has been subjected to unlawful sexual conduct, you do not have to suffer in silence. You can pursue a claim under California civil law for harassment, abuse and/or molestation. Our firm has the expertise to help you confront those responsible for abusing, molesting or harassing you and the resources to help you through the difficult healing process.
Sexual Harassment
Sexual harassment is illegal. It is a form of discrimination that has been specifically prohibited under Title VII Sexual Abuse and Molestation. This law covers a range of impermissible conduct including rape, nonconsensual physical touching, and/or sexual activity with a minor by an adult or individual significantly older than the child.
Sexual harassment in the workplace occurs when unwelcome verbal or physical sexual advances affect an employee’s employment. If the conduct interferes with the employee’s work performance or creates an intimidating, hostile, or offensive work environment it is considered a form of illegal discrimination under Title VII
Harassment in the workplace generally falls into two broad categories: Quid pro quo and Hostile work environment. Both are illegal under state and federal laws. Quid pro quo harassment occurs when an employer demands sexual favors in exchange for job benefits. Hostile work environment harassment includes abusive or offensive conduct that substantially interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment. You do not have to accept sexual advances or a hostile environment in order to keep your job. If you have been the victim of sexual harassment, you can and should do something about it.
In California, a claim for harassment can be pursued in one of two ways: you may file a claim with an administrative agency, or you can file a civil tort lawsuit through the courts. If you file with an administrative agency, that agency will investigate the claim, and resolve it through a hearing with an administrative law judge. A civil lawsuit is handled in the court system by way of trial with a judge or jury. Both administrative and civil tort suits require that the victim file a claim with either the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). The DFEH and EEOC have strict timelines for reporting and investigating claims of harassment. The statute of limitations in California harassment cases can be complicated. If you feel you have been harassed, you should contact an experienced attorney immediately for assistance in filing your charge. In order to file a common law tort claim you must have a “right to sue” letter issued by either the EEOC or DFEH. Our attorneys can assist you in filing your claim and obtaining your right to sue letter.
Your potential damages are different in a civil case and administrative case. If you pursue your claim through an administrative agency your remedies (potential damages) may include: back pay, hiring, promotion, reinstatement, reimbursement of out of pocket expenses, front pay, policy changes, training, reasonable accommodation, affirmative relief, and actual damages including damages for emotional distress. The agency may also order fines against private employers, although those fines will be paid to the state, not you personally. In addition, there are caps on the amount of monetary damages the agency can award per victim per employer.
In a civil tort claim the damages are similar, but there are two important differences: the court is not limited in the amount it can award and the court can award punitive damages, which will be awarded to the plaintiff bringing the claim. The ability to obtain punitive damages is perhaps the most significant difference as there is no cap on punitive damages, and they may result in large verdict awards.
It is important to note that recent California case law requires the plaintiff to report the harassment to his/her employer before suing for damages. The failure to report does not make the harassment legal, but will impact your ability to recover damages.
Sexual Abuse
Sexual abuse is sexual contact that is unwanted and unwelcome. Children under the age of 18 are presumed to be incapable of welcoming or wanting sexual contact with adults. Similarly, persons who are so mentally incompetent that they are unable to consent to sexual contact are presumed not to have consented as long as the perpetrator knew of the person’s incompetency. Sexual abuse can occur at the hands of respected and trusted professionals. If a professional is a licensed healthcare provider, sexual contact is forbidden during treatment, even if the contact is consensual. Psychotherapists are prohibited from engaging in sexual contact with patients during treatment and for two years afterwards. Other professionals, such as clergy, are also restricted by their professions code of ethics from engaging in such conduct. Sexual harassment in the workplace may also constitute sexual abuse.
Sexual abuse is a crime. If you have been abused, you should contact the Rape Crisis Center through the 24-hour Rape Crisis Hotline (408-245-3414 or 650 -493-7273).
The Rape Crisis Center offers confidential, anonymous counseling and information. If you have been the victim of sexual abuse, you may also file a civil claim for damages against the perpetrator and, in some cases, his/her employer. Such damages include past and future medical treatment, past and future wage loss, damages for pain, suffering and emotional distress, and in some cases punitive damages.
It is unlikely the perpetrator’s insurance policy will cover damages awarded in a sexual abuse case because sexual abuse is considered an intentional act. For insurance coverage to be available it is usually necessary to prove negligence on the part of the perpetrator or some third party who is responsible for the perpetrator’s actions. Unless the perpetrator has sufficient assets or there is insurance coverage, a damage award may go unpaid.
Because cases involving abuse are both emotionally and financially taxing to litigate, we only accept cases in which we feel we have a reasonable likelihood of recovering damages for our clients.
Sexual Molestation of Children
Sexual molestation of children is a form of sexual abuse. It includes all types of sexual activity between a minor and a person who is significantly older than the minor. Such activity may include touching, fondling, kissing in a sexual manner, oral sex, masturbation, digital or penile penetration of the rectum or vagina, and/or exposure to sexually explicit materials. Whether it is a one time incident or long-term conduct by the perpetrator, it is a crime. If you or your child is a victim of sexual abuse, you may pursue both civil and criminal charges against the perpetrator.
Certain time frames apply to claims for sexual abuse and molestation in California. They are very complicated, so it is important that you discuss your claim immediately with an experienced attorney. However, as a general rule, if the abuse/molestation occurred while you were a minor (under the age of 18) you have (at least) until your 26th birthday to bring a civil claim, unless the abuse/molestation claim is against a governmental agency such as a school. Claims against governmental agencies must generally be brought within six months to one year of the act of sexual abuse/molestation. An adult who has been sexually abused usually has one year from the date of the abuse to file his/her claim. There are many exceptions to these time limitations, and the circumstances may be different depending on the perpetrator, the employer or you. Therefore, you should contact an attorney experienced in handling claims for sexual abuse and molestation before deciding whether to pursue your claim.
Conclusion
Sexual harassment, abuse and molestation are illegal in California. If you or a loved one are or have been the victim of sexual harassment, abuse or molestation, you may be able to recover damages. The Blackman Legal Group is experienced in handling harassment, abuse and molestation claims. Our attorneys have the resources to enable you to recover physically, emotionally, and financially.
