New York City Sexual Harassment Lawyer

Every person has the right to pursue their careers and earn a living in safety and under the protection of the law. Despite the strict laws that prohibit sexual harassment in the workplace, some employers consistently fail to provide these protections to their employees.

The resulting instances of sexual harassment can have a profound impact on an individual’s life. Not only may they feel unable to continue working and suffer economic losses, but the psychological or physical impacts may be just as severe.

A New York City sexual harassment attorney may be able to help employees to pursue appropriate remedies. They can work to investigate the incident, explain a person’s rights, and to demand appropriate compensation from all liable parties. Let a committed defense attorney get to work for you.

What is Sexual Harassment?

Sexual harassment in the workplace is unwanted sexual advances, sexual contact, or other physical or verbal actions that are sexual in nature. The conduct must affect the employee’s job, unreasonably interfere with work performance, or create an intimidating, hostile, or offensive work environment. Types of sexual harassment include:

• Direct sexual contact or conduct by the employer which includes sexual remarks or advances.
• Quid pro quo sexual harassment occurs when an employer or supervisor asks or suggests through physical conduct that an employee perform sexual favors in return for some benefit at work including a promotion or career advancement. If any employment decision is based upon the satisfaction of a sexual demand, that is quid pro quo sexual harassment. Even a consensual sexual relationship can be the product of sexual harassment if the employee is coerced into it due to promises of a promotion or career advancement.
• Hostile work environment sexual harassment occurs where an employee is subject to sexually verbal or physical behavior in the workplace. This includes conduct which is sexual in nature and severe enough to create an offensive working environment. This conduct can include communications of derogatory comments, epithets, slurs, and jokes; or sexually suggestive, graphic or sexually abusive language.

A New York City sexual harassment attorney could help to investigate a person’s time at work to determine if sexual harassment has occurred.

Examples of Harassment Charges

Many instances of apparent sexual harassment are criminal offenses. New York Penal Law §130.52 states that it is illegal for any person to forcibly touch another person’s sexual organs without permission.

Even if no contact results, an arrest may follow. New York Penal Law §240.26 prohibits repeated actions that threaten another’s well-being. For example, it is possible that making repeated sexual jokes or comments could fall under this category.

What are the Potential Penalties for Sexual Harassment in New York City?

As a New York City attorney can further explain, a criminal conviction for sexual harassment or a similar offense can have serious consequences. Forcible touching is a class A misdemeanor. This means that a conviction may result in a fine of up to $1,000, a jail sentence of up to one year, or both.

Even if the alleged offense is not deemed a criminal act under the law, i.e., not a felony or misdemeanor, and is instead a violation, such as in the case of harassment in the second degree, the prosecution may require a person to pay a fine or spend time in jail.

Additionally, some convictions may require a defendant to register as a sex offender. Usually, this only applies if a person is a repeat offender or commits an act of violence involving sex.

Potential Defenses to a Sexual Harassment Charge

If you have been charged with sexual harassment, you can work with your New York City lawyer to discuss all potential defenses to the allegations.

Your defense may be that there was consent between the parties, and both were willing to participate in the act. If both parties were willing participants to the act, you may be able to claim consent as your defense.

You may challenge the credibility of the victim as your defense. You may allege that the person making the allegations has a history of lying or making false accusations. Through cross-examination, your sexual harassment defense attorney might be able to question the credibility of what the complainant has alleged

You may have an alibi defense, where you can show that you were someplace else or with someone else when the crime was committed. The prosecution must be able to prove that you committed the crime, and being able to show that you were not anywhere near where the crime was committed may be an excellent defense. Mistaken identity might also be a possibility.

Many potential defenses are available if you have been charged with harassing another person in a sexual manner. Speaking with a dedicated New York City sexual harassment lawyer can help you understand what defenses may be available to you.

Stages of a Sexual Harassment Suit

The criminal process in New York for sexual harassment charges can take quite some time. If sexual harassment is alleged, law enforcement will conduct an investigation. If there is enough evidence, the prosecutor will then file charges for sexual harassment. The prosecutor will determine what charges to file based upon the reports provided by law enforcement, and the person alleged to have committed the crime will be arrested if they have not already been taken into custody.

An arraignment will also be held and is the first time the person alleged to have committed a crime will appear in court. They are advised of the charges they are facing. Bail will also be set by the judge at the same time. A sex crimes defense attorney will typically argue for no or a low bail to be set, and the prosecution will also have an opportunity to argue what they believe is appropriate for bail.

The next steps will include working with a defense attorney to investigate what occurred. The prosecution will provide reports and statements to the defense, and the defense attorney may talk with witnesses and start to form their defense strategy.

There may be pre-trial motions during the investigation phase, which will be drafted by defense counsel. Potentially, there may be motions to suppress certain evidence from being heard by the jury or motions about the manner in which evidence was obtained by law enforcement.

At some point, the trial will then be held. Both the defenses attorney and the prosecutor will present their evidence to the jury, who will determine if the person is innocent or guilty. These trials can be complex, and it is in your best interest to have an experienced New York City sexual harassment lawyer to assist you throughout the criminal justice process.

Speak with a New York City Sexual Harassment Attorney

Our New York City sexual harassment lawyers have negotiated millions of dollars’ worth of settlements for clients who have been sexually harassed in the workplace. Having a tenacious trial lawyer with a long history of success in high profile criminal cases can only aid you in your fight for justice. Call our office to discuss your case today.