California Sexual Harassment Attorney
Frequently Asked Questions – Sexual Harassment, Abuse and Molestation
Q: What is sexual molestation?
A: Sexual molestation occurs when an adult or person significantly older than a child engages in sexual activity with a minor. It is a sexual battery, an intentional tort that is an unauthorized and offensive touching of another. It can include touching, fondling, kissing in a sexual manner, oral sex, masturbation, or digital or penile penetration of rectum or vagina, or acts that cause imminent apprehension of such harmful contact. It can be a one-time incident or abuse over an extended period of time.
Q: Is there some place I can look to find out about sex offenders in my area?
A: Yes, in 1996 a law was enacted (Megan’s law) nationally to allow potential victims to protect themselves and allow parents to protect their children. In 1996 California enacted a version of the same law. The law provides that information on California’s registered sex offenders be distributed to and available at all sheriffs’ departments and some police departments. Information on sex offenders in your area can be found by looking at http://MegansLaw.ca.gov
Q: What are some things I should tell my children to help keep them safe?
A: You should tell your children that some behavior is not acceptable and that they have the right to tell an adult to leave them alone. Specifically, you can tell them to:
- Stay away from people who call you near their car.
- If someone tries to take you away fight, scream, and yell, “this person is not my father (or mother)”.
- If you get lost in a store, find another mom with children or go to the checkout counter. Do not wander around by yourself.
- You do not have to keep secrets from your parents. Your parents or pets will not be hurt if you tell what happened.
- No one should touch the parts of your body that are covered by a bathing suit and you should not be asked to touch anyone there.
- Do not let anyone take your picture without your parent’s or teacher’s permission.
Q: Can I bring a claim for sexual abuse that occurred when I was a child?
A: Adults can bring claims for abuse that occurred when they were a minor. There are specific time limitations in California for bringing such claims. Generally, if the abuse occurred before you were 18, you can bring your claim until you are 26. There are many exceptions to this general rule. Therefore, you should contact an attorney immediately if you believe you were the victim of sexual abuse as a child.
Q: What is sexual harassment?
A: Sexual harassment under both Federal and California State law is generally said to be unwanted sexual contact. There are two main types of sexual harassment: Quid pro quo harassment and abusive environment harassment. Quid pro quo harassment occurs when employment is conditioned on the submission to unwelcome sexual advances. Abusive environment harassment is unwelcome sexual conduct that is so pervasive as to create a hostile environment for the employee. Such conduct can include leering looks, offensive gestures, or derogatory posters, cartoons and/or drawings.
Q: Can I bring a sexual harassment case if I am not a woman?
A: Yes. California’s law protects both male and female workers from harassment on the job. Harassment often occurs between members of the opposite sex but claims for harassment may also be brought by members of the same sex, even if the perpetrator and/or victim are not homosexual.
Q: Do I have to report harassment to my company before I file a claim?
A: It is best if you use the reporting procedures established by your company. If you fail to notify the company of the harassment and/or use the procedures the company has set up to identify and/or eliminate harassment you may limit your ability to recover damages.
Q: Do I have to file an administrative claim before filing a civil law suit for harassment or discrimination?
A: Yes. You can file your administrative claim with either the EEOC or the California Department of Fair Employment and Housing (DFEH).
Q: Do I have to file my report in person?
A: No, you can file a claim in person, by mail, or by telephone. You should however request a written copy of the report so that you have proof that you filed you claim as there are strict time lines for filing a claim.
Q: Can I get punitive damages awarded if I pursue my claim for harassment through the EEOC or DFEH?
A: No, neither the EEOC nor the DFEH has the authority to award punitive damages payable to the plaintiff. Any administrative fines are payable to the state not to the plaintiff personally.
