False Allegations of Sexual Harassment and Assault

The issues of sexual harassment, sexual assault, and rape have been the focus of more media attention recently than ever before. Allegations of sexual harassment have been brought against high-powered individuals including President Donald Trump, Senator Al Franken, television/news personality Bill O’Reilly, former Today Show anchor Matt Lauer, actors Bill Cosby and Kevin Spacey, and film producer Harvey Weinstein. These allegations have encouraged more victims of sexual assault to make their experiences public. While this increased attention on the issue of inappropriate sexual conduct is a huge step forward for those who have been victimized, there is also the concern of false allegations.

Sexual Harassment vs. Sexual Assault

Sexual harassment is considered a form of sex discrimination under the Civil Rights Act of 1964. The Equal Employment Opportunity Commission defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment.” Sexual harassment can include behaviors such as:

• Threatening to fire or punish an employee if he or she does not cooperate with unwanted advances;
• A supervisor or employer offering an employee or co-worker a raise in exchange for sexual acts;
• Making inappropriate sexual remarks about a person’s body and physical features or sending unwanted suggestive emails or notes;
• Telling inappropriate sexual jokes or making sexual innuendos or derogatory comments about a person’s sexual orientation or gender identity;
• Forcing unwanted physical contact with someone including groping, touching, grabbing, or kissing them; and
• Displaying sexual images at work such as inappropriate screen savers, computer desktop backgrounds, photographs, and pornography.

Sexual assault occurs when a person interacts with another in a sexual way without their consent. This can include using physical force, violence, threats, or intimidation to make a person engage in sexual acts. It can also include using drugs and alcohol to weaken a person’s ability to say “no” to sexual advances. Despicably, some people lie about being sexual assaulted or harassed. They may exaggerate the events that actually happened or simply make up a story against someone in order to hurt them. The U.S. Constitution ensures that citizens accused of a crime are innocent until proven guilty. The presumption of guilt in cases involving alleged sexual crimes is just as dangerous as the presumption of guilt in any other criminal case. A false allegation of sexual assault can literally ruin a person’s life.

Seeking a Dedicated Legal Professional?

If you have been accused of a crime you did not commit, you need an attorney who will fight for the rights afforded to you by the Constitution. Please call (408) 277-0377 or contact us online to schedule your appointment with experienced San Jose criminal defense attorney Wesley Schroeder today.

Sources:

http://www.slate.com/articles/double_x/doublex/2014/09/false_rape_accusations_why_must_be_pretend_they_never_happen.html

https://www.usatoday.com/story/opinion/2017/07/28/betsy-devos-right-sexual-assault-cases-due-process-kc-johnson-stuart-taylor-column/493320001/