Being served with a sexual harassment charge can result in significant stress and severe consequences. This article outlines how to respond to and defend against a false sexual harassment charge.
California Sexual Assault Laws
Categorized under California penal code 243.4, sexual assault is defined as making physical contact with another individual’s intimate parts against the person’s consent for the purpose of sexual abuse, arousal, or gratification.
Rape is categorized under California penal code 261 and is defined as having non-consensual intercourse with another party through the use of force, threat of force, or fraud.
Sexual battery can be charged both as a felony and a misdemeanor in the state of California. Sexual battery can be charged as a felony in the following contexts:
- The victim was restrained against their will
- The victim was disabled or medically incapacitated
- The abusing party forced the victim to touch intimate parts of their body
Ex: Using someone’s medically incapacitated state in order to perform sexual acts.
The punishment for a felony sexual battery charge is two to four years in prison and a maximum $10,000 fine.
Register as a tier three sex offender for life
Sexual battery can be charged as a misdemeanor in the following contexts
Touching or fondling someone’s intimate parts for a brief period over their clothing without obtaining consent
Ex: Grabbing someone else’s buttocks without obtaining consent
The punishment for a misdemeanor sexual battery is:
- county jail for a period of six months to one year and a fine of up to $2,000 or $3,000 if the victim is your employee.
- Completion of assigned community service hours
- Register as a tier one sex offender for ten years
- Completion of an education program on sexual assault
- Completion of a program that teaches individuals not to act on sexual compulsions
Rape is always charged as a felony if convicted.
- Custody in state prison for 8 years
- Felony or formal probation
- An additional five years in state prison if the victim suffered severe bodily injuries during the act.
- If the victim was under the age of 18 prison time can reach up to 11 years and if under the age of 14 prison time can reach up to 14 years.
- Rape convictions also result in a lifetime sex offender registration
Related: Sexual Assault vs. Sexual Harassment in California
Defenses Against A Sexual Harassment Charge
1. Consent
The sexual act was committed in a scenario where both parties gave consent to all sexual acts that were committed. If an accused party can prove that they had a reasonable belief that consent was provided they cannot be convicted.
Ex: Toby and Madison go on a date. Following the date, Toby begins to make subtle sexual advances on Madison. Madison does not clearly communicate to Toby that she would like him to stop his behavior. At one point Toby grabs Madison’s buttocks and Toby reasonably believes that Madison has implicitly consented to the behavior. Later on, Toby is accused of sexual battery. Unless Madison proves to the Jury that Toby knew or should have known that she did not implicitly consent to the touching, he cannot be found guilty.
2. False Sexual Assault Allegation
Sexual battery accusations are often used as a tool to satisfy jealousy, revenge, or anger in many cases. Oftentimes, false allegations can result in a conviction because sexual battery laws do not require physical injury to occur.
If falsely accused of sexual battery, the following process may prove beneficial:
- Obtain the services of a qualified criminal defense attorney as soon as you are served with a court date.
- Understand the severity of the accusation and do not think that the case will go your way because you are being falsely accused.
- Begin to prep yourself for all the costs of your defense. Expert witnesses, special psychologists, and other sources of evidence may be necessary in some sexual assault cases.
- Formulate as much essential documentation on your case as possible. Write down as many details about the case as possible even if you feel them to be irrelevant.
- Access every resource that is available to you. Use public libraries or the internet to learn as much as you can about the charges being brought against you.
- Formulate a list of potential witnesses.
- Take some time to learn your rights as a citizen. You are entitled to representation if you are unable to afford it and your Miranda rights allow you to remain silent if questioned.
Related: Sexual Harassment Laws in California
Responding to a false sexual assault allegation
1. Being Served by the defendant
When being served, the first decision to make is whether you are to respond to the lawsuit. In sexual assault cases, it will always be in the defendant’s interest to respond to the lawsuit. Defendants are given 30 days to respond to the served documents if the case papers are served to you. An extension of 10 days (40 days total) may be available if the case documents are served to an 18-year old that resides in your household. If necessary, contact the plaintiff’s attorney to find out the serve date they recorded.
2. Serving the Plaintiff/Accuser
If you decide to respond to the lawsuit, ensure that you file at the same courthouse where the charge is being brought against you. Once you have filed a response to the plaintiff’s lawsuit, make sure to provide a copy to all parties involved. This would be three copies total. One for yourself, one for the plaintiff, and one for the court.
3. Counter-suing the Plaintiff
When responding to a false sexual assault allegation, it may be in the defendant’s best interest to counter-sue. Consider filing a cross-complaint against the plaintiff at the same time that you file your answer. A cross-complaint within this case would be defamation, libel, or slander.
Defamation is defined as an invasion of reputation. Defamation criteria are a publication of a statement that is false, unprivileged, has a tendency to injure, and the defendant’s statement resulted in harm to the plaintiff or at least negligence. Under Cal. Civil Code § 45a an allegation that the plaintiff (party suing for defamation) is guilty of a crime is considered defamation.
Ex: Falsely accusing someone of sexual misconduct and filing a case with a court would be considered defamatory behavior under Cal. Civil Code § 45a.
This is subject to change with public figures, but in regard to the general public Cal. Civil Code § 45a. will apply.
FAQs
Will a false sexual harassment allegation go on my record?
It depends on the result of your trial. If at the end of your trial it is concluded that you are innocent, you will keep a clean record.
Can I file a restraining order against my accuser if the allegation is false?
Yes, you can file a restraining order against your accuser under a harassment clause.
What should I do if I lose my job as a result of a false sexual assault allegation?
Inform your former employer that you won your trial. If this does not result in re-employment then it may be in your best interest to file a lawsuit against your former employer.
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