What is the Difference Between Sexual Assault and Sexual Harassment?

If you’ve experienced unwanted advances, inappropriate comments, or other forms of misconduct in the workplace, you may be wondering about your legal options and how to best protect your rights. Legally, sometimes people confuse sexual harassment and sexual assault. Both are serious offenses, but the latter is a crime for which you should immediately contact law enforcement authorities. Sexual harassment, while serious and with the potential to escalate to assault, is often dealt with within an organization or in the civil court system.

Understanding the distinction between sexual assault and sexual harassment is essential in navigating these sensitive and complex situations.

Sexual Assault

Sexual assault involves any non-consensual sexual activity or contact. It can include touching, groping, or penetration, any of which occur without the victim’s consent. It is a criminal offense that can result in serious legal consequences for the perpetrator, including criminal charges and potential imprisonment. Assault is a violation of both criminal law and civil rights, and victims have the right to pursue criminal charges and seek justice through the legal system.

Sexual Harassment

Sexual harassment, on the other hand, refers to unwelcome or offensive conduct of a sexual nature that creates a hostile work environment or interferes with an individual’s ability to perform their job. This can include:

• Verbal or physical conduct
• Sexual advances
• Comments
• Jokes
• Gestures
• Requests for sexual favors in exchange for job benefits or opportunities

Sexual harassment can occur between individuals of the same or different genders and can involve supervisors, coworkers, clients, or customers.

Key Differences

While both sexual assault and sexual harassment involve unwanted sexual conduct, there are several key differences between the two:

• Contact: Sexual assault involves non-consensual sexual activity, whereas sexual harassment may involve unwanted conduct that does not necessarily involve physical contact or sexual activity but still creates a hostile or intimidating work environment. There might be an overlap between assault and harassment.
• Severity: Sexual assault is a criminal offense and typically involves more severe forms of misconduct, such as physical violence or coercion. Sexual harassment may involve verbal or non-verbal behavior that is offensive or inappropriate but does not immediately rise to the level of criminal conduct.
• Legal Remedies: Victims of sexual assault can pursue criminal charges against the perpetrator, whereas victims of sexual harassment can file a civil lawsuit against the employer or individual responsible for the harassment, seeking damages for emotional distress, lost wages, and other harm suffered.

Seeking Legal Guidance

If you have experienced sexual assault or sexual harassment in the workplace, it’s important to seek legal guidance from an experienced employment lawyer who can help you understand your rights and options. An employment lawyer can provide confidential advice, advocate on your behalf, and help you navigate the legal process, whether you pursue criminal charges or file a civil lawsuit for damages.

If you believe you’ve been a victim of sexual harassment in the workplace, we can help. Contact Borrelli & Associates, P.L.L.C. to discuss your case.