Sexual Harassment vs. Sexual Abuse
Sexual harassment and sexual abuse are forms of sexual misconduct that are punishable under local, state, as well as federal law. While these terms are used interchangeably at times, there are several key differences between these two types of criminal offenses that you need to be aware of.
What is Sexual Harassment under New York Law?
Sexual harassment in New York is a fairly broad term that covers various types of sexual misconduct. These include:
- Making inappropriate or crude remarks
- Making sexually offensive or demeaning comments
- Making gestures that are sexual in nature
- Asking for sexual favors
- Making advances against someone’s wishes
- Touching, patting, pinching, groping, fondling, hugging, kissing, or making any kind of physical contact against someone’s wishes
- Showing sexually explicit material (in the form of images, graffiti, or video) to someone against their wishes
- Pressuring someone into dating or having sex
- Coercive sexual acts
Sexual harassment generally happens in two ways – quid pro quo and hostile work environment.
Quid Pro Quo
It’s a Latin term which means ‘this for that’. Quid pro quo sexual harassment involves the exchange of sexual favors for some kind of material benefits.
For instance, a supervisor or manager might seek sexual favors from an employee in return for a raise, bonus, or promotion. Similarly, a teacher might ask for sexual favors from a student in return for higher grades or access to exclusive educational or training programs.
Hostile Work Environment
This type of sexual harassment occurs when someone in a position of authority or a co-worker creates a hostile work environment through their words and/or actions which causes your ability to work, your output, and your productivity to be severely affected.
What is Sexual Abuse under New York Law?
It’s a term which is commonly used to describe acts of sexual misconduct against minors. Sexual abuse in New York does not necessarily have to involve penetration. Any kind of inappropriate physical contact – including touching, kissing, fondling, and groping – can be considered sexual abuse.
Similarly, forcing a minor to read sexually explicit messages, listen to sexually explicit material, watch sexually explicit images or videos, watch someone masturbate or have sex, or to touch someone’s private parts can also be considered sexual abuse.
Research shows that sexual abuse can severely affect a child’s mental health and make it difficult for them to have a normal childhood. Survivors of sexual abuse – as well as other forms of sexual misconduct including sexual harassment and sexual assault – often need counseling and therapy in order to process their emotions and overcome the trauma.
Choose Our Experienced and Compassionate Sexual Abuse and Sexual Harassment Lawyers to Protect Your Rights
If you have been sexually harassed or abused, the sexual harassment lawyers at the Law Offices of Michael S. Lamonsoff can help you. We can represent you, provide you with the emotional support you need, hold the perpetrator (as well as their enablers, if any) accountable, and fight aggressively to get the maximum amount of compensation possible.
We have handled a large number of New York sexual misconduct-related claims over the years and have helped our clients get justice. We will handle your claim with the sensitivity it requires and keep your involvement to a minimum so that you are not unnecessarily inconvenienced.
Call us today at 212-962-1020 or contact us online and schedule a free and confidential consultation with one of our New York sexual abuse lawyers has been around the legal block before.