Sexual Harassment in the Workplace: Is This a Criminal Matter?

Claims of sexual harassment are on the rise. If you turn on the television, you'll often find commercials and campaigns being promoted that help raise awareness for sexual harassment. But just because sexual harassment is a crime, this doesn't mean that the harassment is a criminal matter.

There are times when sexual harassment is a criminal matter, but not all forms of harassment are crimes.

"As many citizens have found out, charges of criminal sexual conduct charges or sex crimes bring with them many other consequences other than criminal punishment. Besides the 'direct' consequences of years in prison and large fines, Minnesota sex crimes also carry 'indirect' or 'collateral consequences' such as sex offender registration or 'conditional release' which means that someone's parole time after release from prison is extended by many years," writes Keller Law Offices.

In the United States, sexual harassment is often a civil matter because sexual harassment is not a crime under federal or state law.

There's a threshold wherein sexual harassment goes from a civil matter to a crime. This threshold is met when the following occurs:

• Assault. If an assault occurs, this would be a crime. The assault would fall within a state's assault or battery criminal laws. This is the threat or intentional physical contact with a victim.
• Bullying. Anti-bullying laws are now in place in certain jurisdictions. This may be the posting of offensive comments on a coworker's social media page, or the threat from a manager that he or she will perform a negative action if a worker doesn't perform a sexual favor.
• Rape. If the harassment escalates to the point where rape occurs, this will result in a criminal charge against the assailant. The employer can also be sued in a sexual harassment lawsuit.
• Stalking. When stalking occurs, the victim is followed. Stalking can be online or offline, and the victim can press charges of stalking against the assailant.

Pornography may also be used as a form of sexual harassment. Visuals may be considered pornography, depending on the act that they depict. It's important that these visuals be taken into consideration because they are an act of sexual harassment.

Sexual harassment in the workplace will fall into the following categories, but make note that not all of these categories will be considered criminal in nature:

• 1.Unwelcome conduct. Victims must find the conduct of another person to be unwelcome. Sexual harassment can occur even with victim consent under this definition because the victim may not resist due to fear of losing employment.
• 2.Sexual nature. Conduct of a sexual nature, directed at the individual because of gender, may be grounds of sexual harassment.
• 3.Offensive environment. The environment of a workplace may condone sexual harassment. A coworker that makes one sexual joke may not be breaking any laws, but an employer that allows for offensive material or visuals in the workplace may be if the actions are allowed.
• 4.Adverse action. If a manager or other worker decides to write a bad review or terminate the victim because he or she turned down sexual advancements, this would be considered sexual harassment.