Difference Between Sexual Harassment & Sexual Assault
Sexual assault and sexual harassment are often viewed as the same issue, but there are actually very important legal differences between the two. It is crucial to understand where the two issues differ in order to take the necessary remedial steps. Here’s the difference between sexual assault vs. sexual harassment in California.
Sexual assault is physical, nonconsensual sexual contact that can take place anywhere. On the other hand, sexual harassment is recognized only in the workplace and may take on less physical forms, like verbal harassment.
Sexual Assault in California
Sexual assault has been defined by California Penal Code 243.4 as unwanted physical contact of another person’s “intimate parts.” Physical contact may include nonconsensual groping, kissing, touching, or rape. Sexual assault can take place anywhere between any parties.
Sexual assault in California is recognized when a victim was nonconsensually touched in their intimate parts and the assaulter was seeking sexual satisfaction. Consent must be clearly affirmed in sexual encounters. Intoxication, lack of resistance, and unconsciousness do not constitute consent. If the victim was in any of those conditions, they were legally rendered incapable of providing consent. Furthermore, sexual assault is recognized when the assaulter demonstrates a clear intention to seek sexual gratification, arousal, or abuse.
Sexual Harassment in California
California law defines sexual harassment as unfair or unequal treatment in the workplace as a result of an employee’s gender or sex. Sexual harassment in California is primarily recognized in the workplace. Sexual harassment may involve physical harassment, but it can also take other forms, like verbal abuse, inappropriate requests, and offensive conduct.
California recognizes two forms of sexual harassment: quid pro quo and hostile work environment sexual harassment. Quid pro quo sexual harassment occurs when a superior abuses their power and demands sexual favors from an employee. Hostile work environment sexual harassment occurs when other employees or superiors commit unwelcome behavior that is so extreme and pervasive that an employee feels unsafe in the workplace.
Related: Sexual Harassment Laws in California
Differences and Similarities
Differences
Sexual harassment and sexual assault differ ultimately in context and nature. Sexual harassment occurs primarily in the workplace and encompasses unwelcome conduct that can be both physical and verbal in nature.
On the other hand, sexual assault is not limited in context and can occur anywhere. Sexual assault occurs when a victim is nonconsensually touched, making sexual assault physical in nature.
Similarities
Ultimately, sexual harassment and sexual assault are similar in their fundamental principle. Both situations occur without the consent of the victim. Sexual assault is non-consensual touching, and sexual harassment is nonconsensual workplace harassment.
FAQs About Sexual Assault vs. Sexual Harassment
What is sexual harassment?
Sexual harassment occurs when employees face unwanted sexual advances and attention at work. Sexual harassment can take the form of verbal or physical advances and abuse of power, which can create an uncomfortable work environment.
What is sexual assault?
Sexual assault occurs when a victim is touched in their intimate parts without their consent. Sexual assault can take place anywhere and anybody can be the perpetrator or victim.
How are sexual assault and sexual harassment similar?
Both sexual assault and sexual harassment are similar because both situations occur when someone faces sexual attention without their consent. Sexual assault is non-consensual touching, while sexual harassment is nonconsensual sexual advances at work.
How are sexual assault and sexual harassment different?
Sexual assault can happen anywhere to anyone and is primarily physical. On the other hand, sexual harassment occurs only at work and can be physical and/or verbal.
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If you’d like to know more about sexual assault vs. sexual harassment, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Workplace Sexual Harassment/Assault Attorneys today!