Even though sexual harassment and sexual assault have some similarities, they are different. You must comprehend the resemblances and the correlation between the two and know when sexual harassment is considered sexual assault.

If you were in an encounter that made you a victim of sexual harassment or assault at your office or place of work, you should ask your lawyers to help you find a legal solution to your experiences so you can recover from the shock and get your life back on track.

Understanding the differences between the two will help you, especially when seeking justice if you are a victim. It will also come in handy when helping a friend or a loved one who has suffered sexual assault or harassment.

Sexual Harassment

Sexual harassment is a type of sex discrimination illegal in federal and state legislation in most civilized countries. It involves unwelcome sexual behavior like verbal and physical misconduct, demands for sexual favors, and unwelcome sexual advances.

Examples of situations that can be considered sexual harassment include:

• If you are regularly exposed to offensive sexual content or explicit jokes without your consent.
• If your acceptance or rejection of the behavior is considered when making employment decisions, especially in recruitment opportunities.
• The behavior affects your capacity to do your work properly or if it results in an intimidating or hostile work atmosphere.

At your workplace, you may experience two forms of sexual harassment: a hostile work environment and quid pro quo. Prevention is possible, but not always. So don’t guilt yourself into thinking you encouraged inappropriate behavior because you couldn’t put a stop to it.

Sexual harassment in a quid pro quo situation happens when a power imbalance occurs between the parties involved. An example is a supervisor and a subordinate or a prospective employer and an applicant. It entails the superior one of the two parties soliciting sexual favors from the other in exchange for a reward. The reward may be in the form of pay rises, job security, or a position at the company for an applicant.

A quid pro quo could also be in the form of threats. For example, an employer could threaten to terminate an employee’s contract if the sexual favors are not given.

A hostile work environment involves repeated and inappropriate conduct that frustrates the victim to a point where it causes an unpleasant work atmosphere and limits the employee’s productivity. It is broader in definition and includes explicit photos and messages, inappropriate touching like groping, and offensive sexual jokes.

Sexual Assault

You are considered a victim of sexual assault if you are subjected to physical contact sexually without your permission. Examples of situations that are deemed sexual assault include rape, inappropriate sexual touching, and other cases similar to that. In some scenarios, you may be drunk, barely conscious, or not in a stable state to consent to or refuse the advances. In most civilized countries, sexual assault is a crime. For example, in Australia, sexual assault is one of the most serious crimes one can commit, carrying a penalty of at least 14 years in prison if the offender is guilty. In the United States, the federal law criminalizing sexual assault sets a penalty of up to 20 years in prison for the offender.

Just because you have not held out against the advances verbally or physically does not mean you have consented to them. If you physically resist or speak up against the sexual advances, you have also denied consent to the offender.

Comparing Sexual Assault and Sexual Harassment

Sexual harassment may be unlawful at your workplace. But depending on the circumstance, it isn’t always prohibited under constitutional law.

As per national or state civil rights legislation, you are eligible to seek redress for illegal sexual harassment. Keeping up with our Australian example, a Melbourne sexual abuse lawyer will fight for your case. They will explain your rights and options as a victim in the statute of limitations framework. They will represent you during settlement negotiations or in court. Rest assured that you will receive proper legal representation almost all over the world.

After years of suffering in silence, the survivors finally found the courage to come forward and seek justice with the help of a compassionate and dedicated church abuse lawyer.

Sexual assault and sexual harassment are issues legislators and society take more and more seriously. It is deemed a crime when it happens to any individual, irrespective of occupation. Nonetheless, sometimes it occurs at the workplace. People are often exposed to behavior at the workplace that comprises both illegal sexual harassment and criminal sexual assault.

Measures to Take if you Have Been Subjected to Sexual Assault or Sexual Harassment

Suppose you have been subjected to sexual assault or sexual harassment at any place; you are entitled to legal rights under state criminal laws and federal civil rights legislation. You need to find and engage seasoned lawyers and discuss with them the occurrences so that they can find a suitable legal solution to your case. If the occurrence happened criminally, your attorneys should be able to assist you in pressing charges against the perpetrator with the relevant authorities.

Author:

With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.