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Sexual Harassment Questions & Answers
1 Answer | Asked in Sexual Harassment and Criminal Law for California on
Q: Is it considered “Sexual Battery (243.4 PC)” for an individual to “Touch a Woman’s Stomach” solely?

If an individual were for any reason including in a fraudulent matter to claim that “Touching the Stomach region” solely was to provide some type of benefit, and acted on that false claim by Touching that other person’s Stomach solely would they be charged with “Sexual Battery (243.4 PC)”?

James L. Arrasmith
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answered on Feb 24, 2024

Under California law, sexual battery as defined by Penal Code 243.4 PC involves touching the intimate part of another person without their consent and with the specific intent of sexual arousal, sexual gratification, or sexual abuse. The definition of an "intimate part" includes the... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Pennsylvania on
Q: If someone got someone fired for false statements about sexual harassment what can they do??

They also texted victim multiple times saying hey do you work today and I think your cute. But they didn’t respond back and then he was making sure she was okay and gave her a church hug. Then she texted him the same day asking if he worked tomorrow. Then she said that he sexually harassed her

James L. Arrasmith
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answered on Feb 23, 2024

If someone falsely accuses you of sexual harassment and as a result, you lose your job, it's a serious matter that can have significant consequences. False accusations can damage your reputation, career prospects, and emotional well-being. In such a situation, it's crucial to gather any... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Libel & Slander and Sexual Harassment for California on
Q: Hi my ex boyfriend has been stalking me for about six months and I need help on how to get a restraining order

He keeps calling and texting but I have no record of it because I would ignore the calls and delete them. I am scared of him because when I tried to kick him out of my apartment he had tried to hit me six months ago and when I file for a restraining order they said they can't do anything since... View More

James L. Arrasmith
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answered on Jan 28, 2024

Under California law, you have the right to seek a restraining order against someone who is stalking or harassing you, including an ex-boyfriend. Since you have experienced physical threats and property damage, this significantly supports your case for a restraining order.

Begin by...
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1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Sexual Harassment for Florida on
Q: I was drugged and raped.. I have minimal drtail regarding the act but I have clearemory of prior.. but there are

Cameras all over thr property.. I need to speak to a lawyer who can help me through this the right way. And if anything give me legal advice in this situation. I have a story to tell and there are so many other women this bas and is happening to by this man. I'm scared and do not know where... View More

James L. Arrasmith
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answered on Jan 26, 2024

I am so sorry this traumatic event happened to you. Seeking justice can be daunting, but you have options and are showing great courage. Here is my advice:

1. Call the National Sexual Assault Hotline 800-656-4673. Talk to a counselor before proceeding so you get emotional support and...
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Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

Neil Pedersen
Neil Pedersen
answered on Jan 26, 2024

Whether something in your settlement is normal is a difficult question because very few things could be comfortably characterized as normal. There are dozens of ways that most settlement agreements can be structured. Does it happen that parties agree to allowed payments over time? Yes, of... View More

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Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

James L. Arrasmith
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answered on Jan 26, 2024

In California, it's not unusual for settlements in employment litigation to involve structured payments, such as the company proposing to pay you in two installments 12 months apart. This arrangement can be for various reasons, including financial planning or tax considerations for the... View More

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Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

David H. Relkin
David H. Relkin
answered on Jan 26, 2024

If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for New York on
Q: Could a person be charged if they DM someone an onlyfans link on instagram/facebook without knowing if they are a minor?

Onlyfans makes every user that signs up agree that they are 18 or older before they are able to view/buy any explicit content, but only asks content creators for an ID. If a person DMs an onlyfans link to their followers, could they be charged if the recipient happens to be a minor?

James L. Arrasmith
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answered on Jan 21, 2024

In situations where a person sends an OnlyFans link to someone on Instagram or Facebook without knowing the recipient's age, potential legal issues could arise. While OnlyFans requires users to confirm that they are 18 or older, it is not foolproof, and minors could potentially create accounts... View More

1 Answer | Asked in Federal Crimes, Sexual Harassment and Internet Law for New York on
Q: If a person DMs someone an onlyfans link, does that count as disseminating indecent material? (NY Penal Law 235.22)
James L. Arrasmith
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answered on Jan 21, 2024

Sending a link to an OnlyFans page, in and of itself, typically does not constitute the dissemination of indecent material under New York Penal Law 235.22. The law generally focuses on the actual dissemination or sharing of explicit or obscene content. OnlyFans is a platform where users share adult... View More

Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

Maya L. Serkova
Maya L. Serkova
answered on Jan 18, 2024

I am sorry this happened to you. More specific facts are needed to understand if you have any meritorious claims against your former employer. These types of cases are very facts and detail-oriented. I suggest you consult an employment law attorney who will further examine your situation and... View More

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Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

James L. Arrasmith
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answered on Jan 19, 2024

Under California law, employers have a duty to provide a safe working environment, which includes taking reasonable steps to prevent and address domestic violence and sexual harassment in the workplace. If an employer fails to fulfill this duty, they may be liable for any harm that results.... View More

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Q: can i take legal action for being forced to listen to offensive rap music at work

i was working as a contract employee in a hospital with a staff that was predominantly black and the music on the radio was always rap hip hop and gospel. i am caucasian and i am not a fan of this type of entertainment and i was never asked if i would like to listen to my music. i once took out my... View More

James L. Arrasmith
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answered on Jan 7, 2024

In the context of being forced to listen to certain types of music at work, legal action can be a complex matter. Generally, employers have broad discretion in setting workplace policies, including those related to music played in common areas. However, if the music contains explicitly offensive or... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Q: How can I get my son a bond? He doesn't have a criminal record or history.

He provided proof of his innoncence and I have provided proof also. His ex girlfriend is bringing these charges up. What can I do now?

David G. Parker
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answered on Jan 5, 2024

If bond was not granted by the magistrate or by the judge at his arraignment, then he or his attorney will need to file a bond motion. Opportunity will be given at a bond hearing to present relevant factors for the court's consideration, including but not limited to the nature and... View More

1 Answer | Asked in Civil Rights and Sexual Harassment for California on
Q: I was exited from a homeless shelter because I was speaking to staff aggressively after they unlocked and opened the

The bathroom door while I was taking a shower, they had no right to do such a thing especially do to the fact that when the knocked I responded and just cause they didn't like the way I was responding thats why they opened the door on me and now here I am with my pregnant gf living in my... View More

James L. Arrasmith
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answered on Dec 31, 2023

I'm sorry to hear about the distressing situation you're facing. Under California law, you have several options to seek justice and address these grievances.

Firstly, it's important to document everything. Keep a record of the dates, times, and details of these incidents,...
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3 Answers | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????

I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?

Rachel A. Sabo
Rachel A. Sabo
answered on Jan 18, 2024

Yes, the Right to Sue means you have 90 days from the date of the Right to Sue to file your lawsuit. It can be filed by you (called filing pro se, without a lawyer) or you can search for attorneys to file it for you. I would not rely on finding an attorney - you should be mindful of the filing... View More

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3 Answers | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????

I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?

T. Augustus Claus
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answered on Dec 27, 2023

If you have received the Right to Sue from the Equal Employment Opportunity Commission (EEOC) in Ohio, indicating that you have the authorization to file a lawsuit, you have the option to proceed without an attorney. However, given the complexities of employment law cases, it is highly recommended... View More

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1 Answer | Asked in Employment Discrimination, Employment Law, Sexual Harassment and Tax Law for New York on
Q: SEVERE HARASSMENT of WHISTLE-BLOWER, ILLEGAL FALSIFICATION OF MY WORK HISTORY AND TAXES PAID ,payback 2 SSI REMOVED!

NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER... View More

James L. Arrasmith
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answered on Dec 25, 2023

It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance.... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Sexual Harassment for California on
Q: If there is a abusive parent can I move out in California at 16

Im 16 cant get a job because parents wont allow me too

There was a investigacion made by the police and it conculuded withe the abusive parent coming back to the house and now I am forced to interact with him as if nothing ever happened

James L. Arrasmith
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answered on Dec 25, 2023

In California, the law generally requires you to be 18 years old to move out without parental consent. However, there are exceptions, especially in situations involving abuse. If you are facing abuse, you have the right to seek help. You can contact child protective services or another trusted... View More

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Sexual Harassment for California on
Q: If there is a abusive parent can I move out in California at 16

Im 16 cant get a job because parents wont allow me too

There was a investigacion made by the police and it conculuded withe the abusive parent coming back to the house and now I am forced to interact with him as if nothing ever happened

Brad S Kane
Brad S Kane
answered on Dec 25, 2023

According to the California Courts,

Emancipation is a legal way for a 14 to 17-year-old to become free from their parent's custody and control. In many ways, they are legally like an adult.

There are three ways to get emancipated:

Get legally married. In California,...
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2 Answers | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Hay I have a csc third degree case and I have a plea deal but want to know if I can go to trial better or take that deal

And is it good to go to trials on these cases

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2023

Only you and your current lawyer will know the answer to this. As a general proposition, the outcome after trial in terms of punishment is worse than with a plea.

You need to decide whether you are guilty. It's not a question of what you think is right or wrong, or even what you think...
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