What You Need to Know About Willful Sexual Misconduct
Willful sexual misconduct is a type of violence based on sex or gender that intentionally causes a reasonable person to feel harassed, threatened, or intimidated. Here’s everything you need to know about willful sexual misconduct.
Some of the most common forms of willful sexual misconduct are workplace harassment and stalking. Regardless of the type of willful sexual misconduct, it is crucial to document the incident, such as the location and time of the harassment, what happened exactly, and whether or not there was a witness.
How to Recognize Workplace Harassment
Workplace discrimination can happen to anyone of any gender and can take on many forms: physical, verbal, or emotional harassment. Here are some examples of willful sexual misconduct in the workplace:
- Rape
- Offensive or derogatory jokes
- Unwanted kissing or touching
- Pressure for sexual favors or dates
- Sexually suggestive gestures or texts
Related: What are the Average Workplace Retaliation Settlements?
How to Deal with Workplace Harassment
In addition to sexual misconduct, victims sometimes suffer from fear of retaliation in the workplace. Some victims decide not to report the misconduct as they worry that filing complaints would stagnate their careers. In the U.S. Merit Systems Protection Board’s 2016 survey of federal government employees, “only 11 percent of those who experienced sexual harassment filed a formal complaint.”
It is the victim’s decision to evaluate what solution is best for his or her situation. However, it is still important for victims to gather evidence when deciding what to do next. Here are some actions that victims can take:
- Tell a trusted family member, friend, or co-worker about the incident. Seeking support from a trusted person can help victims ease distress;
- Read about the company’s policy. If the policy outlines the steps that employees could take to report willful sexual misconduct internally, the victims can decide whether or not to take those actions;
- Filing a claim to the Equal Employment Opportunity Commission (EEOC), a federal agency enforcing anti-discrimination laws in the workplace;
- Keep the evidence in a safe place for future use;
- Talk to a lawyer for legal advice. A legal professional can help a victim understand his or her options before taking any action.
How to Recognize Stalking
In today’s digital world, stalking seems unthreatening, and maybe even flattering to outsiders. However, repeated, unwanted attention or communication can lead to tremendous burdens in professional settings, schools, etc. Stalking can take many forms, including but not limited to:
- Initiating repeated, unwelcomed communications through texts, calls, emails, etc;
- Following someone at the workplace, school, home, etc;
- Obtaining the victim’s private information by hacking, hiring investigators; following; contacting the victim’s acquaintances, etc;
- Making direct or indirect threats to the safety of the victim, the victim’s family, friends, or pets;
Related: What Are Examples of Retaliation in the Workplace?
How to Deal with Stalking
Stalking can be a serious willful sexual misconduct, causing a victim to suffer both physically and psychologically. A victim can file a protective order against stalkers. A restraining order prevents stalkers from:
- Contacting the victim and victim’s family;
- Staying less than 50 or 100 yards from the victim;
- Staying close to the victim’s house, workplace, school, etc;
- Carrying a gun.
If a restraining order is obtained in California, it is still valid in other states to protect the victim from being physically or sexually abused when traveling.
Types of Restraining Orders in California
Here are several types of restraining orders in California:
- Emergency Protective Order (EPO): an immediate restraining order that lasts up to 7 days
- Temporary Restraining Order (TRO): a restraining order issued by the judge that lasts about 20 to 25 days
- Restraining Order After Hearing: a restraining order issued by the judge that usually lasts up to 5 years.
Contact Us
If you or a loved one would like to learn more about Willful Sexual Misconduct, get your free consultation with one of our Employment Attorneys in California today!