Sexual Harassment – Stockton Personal Injury Attorney
There are many different types of sexual harassment and it includes many forms of offensive behavior but all of it could have damaging and emotional effects on the victim. Some types of sexual harassment include: unwanted sexual advances, offering employment benefits in exchange for sexual favors, actual or threatened retaliation, making sexual gestures, using derogatory comments, or physically touching or assault.
The California Penal Code prohibits unwanted touching of another person’s intimate parts which is defined as the victim’s “sexual organ, anus, groin, or buttocks of any person, and the breast of a female”. When sexual assault leads to non-consensual intercourse with the victim, it is charged as rape. Victims of any type of sexual assault can suffer from psychological problems for many years following the assault. Sexual assault has the ability to destroy dignity, drive, self-confidence and competence so if you become a victim of sexual assault, make sure to contact an experienced attorney so you can get the justice you deserve.
In order to prove a case of sexual battery, the prosecutor must show that the defendant touched the victim’s intimate parts while the victim was restrained by the defendant or another person. The prosecutor must also show the touching was against the victim’s will. Furthermore, the prosecutor will need to show the defendant’s intent.
California state laws require that the defendant have engaged in the unwanted touching for the purpose of sexual gratification, sexual arousal or sexual abuse. The defendant might try to use consent as a defensive argument, which is a very controversial defense. The penalty for a conviction of sexual battery depends if it is a misdemeanor or felony. For a misdemeanor conviction, the defendant may receive a sentence of up to six months in a county jail and a fine up to $2,000 or both. The amount of fine can increase to $3,000 if the defendant was the victim’s employer.
If it is a felony, the defendant might receive a term of imprisonment in county jail for up to one year or a fine of up to $2,000. But there could also be imprisonment for two to four years with fines up to $10,000. Make sure to contact an attorney if you are involved in a sexual assault case so they can help you get the best result.