Definitions Vital in Understanding Sexual Harassment vs. Abuse
It is important to remember that sexual harassment and abuse/assault are both forms of personal injury and as such claims can be filed with a lawyer. Unfortunately, because of the nature of the crimes, there are many variations in the legal code to address them. Legal council can provide important insights, guidance, and support for victims of harassment or assault.
Words matter, especially when it comes to understanding sexual harassment and abuse. As America discusses the nuances of these critical situations, this is an excellent time to distinguish terms and implications as they pertain to a court of law. To be clear, it’s always important to voice concerns to your HR Department or lawyer if there are any suggestions of inappropriate behaviors by a friend, coworker, or stranger.
To begin, both sexual abuse and sexual harassment are illegal. While the latter has often been dismissed as “locker room talk” or playful banter, the intimidation caused by sexual harassment can harm or even ruin someone’s life just like physical abuse. In fact, sexual harassment is considered a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. However, harassment and abuse differ in that harassment is harder to define.
Deborah Rhode, professor of law at Stanford University, identifies two forms of workplace sexual harassment: “One is what’s called quid pro quo harassment, which means something in exchange for something like a job opportunity. The other is a hostile environment form of harassment, which creates an atmosphere that interferes with work performance.” Professor Rhode explains that “sexual harassment cases have historically been difficult to prove. Oftentimes there are no witnesses and the conduct is sometimes seen as trivial.” She states that less than 5 percent of sexual harassment cases go to court because they are often settled with confidentiality clauses that prevent the victim from disclosing any details.
Serial sexual harassment is also quite common in the business environment, so every harassment victim is encouraged to report the very first incident to prevent a pattern from developing. Don’t hesitate to reach out for legal counsel if there are questions on whether or not you should report to your Human Resources department. As seen in the myriad media reports about workplace harassment, this type of conduct remains intolerable at any level in any environment.
Cynthia Shapiro, a human resources expert, told ABC News, that because many companies wish to avoid sexual harassment claims at all costs, it is important that victims of harassment know what to consider before filing formal claims. A few questions to ask yourself before taking action – does the claim meet the legal definition of sexual harassment? Have you experienced more than one encounter? Would you leave your job if the harassment didn’t stop? Are you willing to handle potential retaliation? Do you have witnesses? Have others at the company also filed claims? Would you consider contacting legal counsel?
Although it may seem unfair, all these questions place the responsibility on the victim to make sure they will succeed with their claim of sexual harassment. The sexual harassment victim is also burdened with the “reasonable person standard,” in which examples of sexual inappropriateness must be judged to be legitimately offensive to a “reasonable person.” Naturally, speaking with a lawyer before you proceed with your sexual harassment claim will inform you of your rights and the possible outcomes of your case. Lytal, Reiter, Smith, Ivey & Fronrath suggests you seek legal counsel if there is any confusion or doubt to learn more.
Sexual abuse or assault is clearly defined by the Justice Department as “any type of sexual contact or behavior that occurs without the explicit intent of the recipient.” Sexual assault is not synonymous with rape. It also includes all manner of physical invasion that might seem less intrusive such as touching or fondling.
However, as noted in a recent article in USA Today, “even agreeing on what constitutes rape is not always simple. State laws vary in how they define sex crimes, consent, legal age and the statutes of limitations.”
That said, one should never be afraid to speak out as a victim or an associate of a victim who has experienced sexual abuse, assault or harassment.
To learn more about how legal counsel can assist you, a friend, or a loved one who is a victim of sexual harassment and/or assault visit the Lytal, Reiter, Smith, Ivey & Fronrath website. Everything discussed is confidential, so it’s imperative that victims make the call directly.