Serving Difference Between Sexual Harassment and Sexual Assault
Sexual harassment describes unwanted sexual conduct, usually in the workplace or at school, while sexual assault defines attempted or actual unwanted sexual conduct. Although the two terms are confused, sexual harassment involves paying civil damages (with the conduct potentially leading to criminal charges). In contrast, sexual assault is a criminal offense, subject to imprisonment and fines. At The Law Office of Brad C. Richardson, LLC, our Myrtle Beach sex crime lawyer is dedicated to helping you salvage your good name. This is done by helping you mitigate or avoid time behind bars and a criminal conviction.
What is Sexual Harassment and What are Potential Penalties?
Sexual harassment includes any requests for sexual favors, unwelcome sexual advances, or any verbal or physical harassment of a sexual nature. The harasser may be the victim’s supervisor, co-worker, or a client or customer. Examples include offhanded comments, sexual jokes, unwanted hugging, and inappropriate touching.
Most workplace and school harassment matters are governed by the South Carolina Human Affairs Law or Title VII of the Civil Rights Act of 1964. A particularly egregious form, quid pro quo sexual harassment, occurs when a supervisor ties a promotion, raise, or other work opportunity to accepting sexual advances. Although workplace claims may involve the harasser paying the victim damages (compensatory and, in rare cases, punitive), it can also lead to criminal charges if the behavior involves unwanted physical contact or coercion.
What is Sexual Assault and What are the Penalties?
Sexual assault, charged as criminal sexual conduct in South Carolina, is considered any unwanted touching with sexual penetration or lewd contact. In other jurisdictions, the crime is charged as rape.
There are three types of criminal sexual conduct:
Criminal Sexual Conduct in the First Degree
Defined by SC Code §16-3-652, criminal sexual conduct in the first degree occurs when the actor engages in sexual battery with the victim, along with any one or more of the following:
- The perpetrator uses aggravated force to commit sexual battery.
- The victim submits to sexual battery by the actor under circumstances where the victim is also confined to forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act.
- Without the victim’s consent, the actor causes the victim to become mentally or physically incapacitated by giving them a controlled substance or intoxicating substance.
Criminal sexual conduct in the first degree is punishable by up to 30 years imprisonment.
Criminal Sexual Conduct in the Second Degree
Defined by SC Code §16-3-653, criminal sexual conduct in the second degree occurs when a perpetrator uses aggravated coercion to accomplish sexual battery. This offense is punishable by imprisonment of up to 20 years at the court’s discretion.
Criminal Sexual Conduct in the Third Degree
Defined by SC Code §16-3-654, a person commits criminal sexual conduct in the third degree if he or she engages in sexual battery with the victim and if any one or more of the following circumstances occur:
- The perpetrator uses force or coercion to commit sexual battery in the absence of aggravating circumstances (i.e., no dangerous weapon, no serious injury, or the victim’s resistance was overcome by force, etc.);
- The perpetrator knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless, and aggravated force or aggravated coercion was not used.
Third-degree criminal sexual conduct is the baseline offense, punishable by imprisonment of 10 years, at the discretion of the court. However, our sex crimes attorney can negotiate a more lenient sentence with the prosecution, allowing you to potentially serve less time.
Myrtle Beach Sex Crimes Lawyer Offering Aggressive Representation
Being accused of sexual conduct can tarnish your reputation, impacting your ability to get a job and pursue future opportunities. At The Law Office of Brad C. Richardson, LLC, our Myrtle Beach sex crime lawyer is dedicated to representing you against any type of sexual conduct. When you hire our firm, you are hiring competent representation that will help you obtain the most favorable outcome. To get started, contact us online or by calling (843) 488-4321 to arrange your free consultation.