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New York Sexual Harassment Questions & Answers
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

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 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

1 Answer | Asked in Personal Injury and Sexual Harassment for New York on
Q: Hi! Hru? Hope all is well! Ty! In New York the Adult victims act just expired, and last year the child victim’s act

I’m 43 now, I was sexually abused by many people for many years, and missed the opportunities to get some justice, or is there something else I can do about that? If I can have some of the abusers admit will that help?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

Sorry to hear what happened to you. If you did not file a lawsuit before the expiration of the statute of limitations, there's nothing you can do from a civil litigation standpoint, even if your assailant has admitted to wrongdoing. There's been some talk about extending the Adult... View More

1 Answer | Asked in Traffic Tickets and Sexual Harassment for New York on
Q: I got a ticket for fare evasion in NYC but while I was getting ticket a man was jerking off to me and taking photos and

The cop ignored him. I was scared and a little tipsy so I started crying and the cop was like why are u crying it’s a ticket, I told him it was because of the man over there making me feel extremely uncomfortable (cop was recording me which I know was my friend describing what’s going on in it)... View More

James L. Arrasmith
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answered on Nov 8, 2023

In such a situation, while the presence of a more serious crime doesn't automatically nullify a lesser offense, the context of your emotional distress and the circumstances leading to your fare evasion ticket may be relevant in your defense.

It's important to document the...
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2 Answers | Asked in Employment Law, Appeals / Appellate Law, Legal Malpractice and Sexual Harassment for New York on
Q: If you have already agreed to a settlement agreement on a NYS DHR case, How do you appeal? What is the process?

I would like the case reopened. I was under duress. Attorneys and Judge failed to inform me that I had time to amend. Settled for lesser amount.

Attorney was on vacation during the entire time we had to prepare for the case, she'd informed me that it was very unfortunate.... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've agreed to a settlement in a New York State Division of Human Rights (NYS DHR) case and wish to appeal, you should be aware that typically, a settlement agreement is final and binding once signed.

However, if you believe you were under duress or there were other improprieties...
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1 Answer | Asked in Sexual Harassment for New York on
Q: I need to know if what I experienced qualified as sexual assault or battery

I was forced to touch a man's penis. He used his hand to forcibly hold mine to his genitals despite my struggling to remove it. He would say good girl when I had to take a break from struggling. He also asked to see my breasts, to which I said no. He forcibly pulled my shirt and bra down and... View More

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

Yes, these are crimes under Article 130 of the NYS Penal Law. If you haven't done so already, you should contact the police, as your case gets weaker with delay.

1 Answer | Asked in Criminal Law, Family Law and Sexual Harassment for New York on
Q: I want to know if I can reopen a case that was closed approximately during the year of 2018 or I would be able to sue.

I got sexually assaulted (molested and raped) by my biological father as a young child, and reported it to my school that I was attending to, at the time. It had opened a family court case and ACS case but, my mother and sister was speaking down on me stating that I’m breaking our family apart... View More

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

You don't specify your age, but you may have the ability to file a civil suit against your father (and possibly your mother as a conspirator), but it will be a factual determination at trial why you lied. Consult a personal injury attorney to review details an applicable statues.

2 Answers | Asked in Sexual Harassment for New York on
Q: Lets say a Husband touches his wife sexually without concent and she tells him to stop and he stops. Is that a crime?

Is touching your wife sexually without asking a crime even if you stop when she says so

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Yes.

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1 Answer | Asked in Sexual Harassment and Employment Law for New York on
Q: I was sexually harassed by a security guard at my previous job. I reported it to my manager and nothing was done

i stopped coming to work out of fear and was fired. Could I sue for sexual harassment?

Michael Diederich Jr.
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answered on Jun 5, 2023

Legal remedies depend upon where you live. Federal law applies nationally, and includes Title VII protection against sexual harassment and gender discrimination. States and localities can enact laws that protect against sexual harassment. Different time requirements, and potential administrative... View More

1 Answer | Asked in Sexual Harassment and Libel & Slander for New York on
Q: An ex-friend made an imputation of unchastity against me. I have multiple records of harassment. How do I proceed?

An ex-friend accused me of adultery with her husband who she separated from. I have multiple text messages, and Facebook admitting to her slandering me to others as well as 3rd party sources and friends informing me of what she's said. It's my word against hers; how do I prove that I am... View More

Michael Diederich Jr.
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answered on Feb 6, 2023

I suggest you hire a lawyer to write a "cease and desist" letter to your ex-friend. The lawyer will likely inform your ex-friend that publishing defamatory statements would subject your ex-friend to liability regarding any and all damages suffered by you. And that falsely accusing... View More

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Sexual Harassment for New York on
Q: Can somebody tell me some ideas for how i can get retribution because this is scandalous and im literally going through

The following transaction was entered on 8/30/2022 at 4:28 PM EDT and filed on 8/30/2022

Case Name: DAVIS v. CHESTER CROZER HOSPITAL et al

Case Number: 2:21-cv-05035-CMR

Filer:

WARNING: CASE CLOSED on 06/03/2022

Document Number: 22

Docket Text:... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts... View More

1 Answer | Asked in Sexual Harassment for New York on
Q: Can you sue your old foster parents for molestation if it has been years? and you were a minor.

I was a foster child under the care of B**** & S**** K**** at ages ( 10 - 13 ) they were under Hogares Inc which i googled and saw they are permanently closed. Anyway i came out to my foster mom at the time and she continued to not do anything about it. As the adult i am today stress, Anxiety,... View More

Anthony M. Avery
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answered on Jun 3, 2022

That would probably be a New Mexico case, so post your question under NM, not NY. You will need to state the years of abuse and when you turned 18.

1 Answer | Asked in Sexual Harassment for New York on
Q: Hi. I falsely admitted to a sexual harassment accusation in order to diffuse a situation. Am I screwed if it goes public

A few days ago I had a kickback with a few guy friends and one female friend. We were drinking and in the night the female friend passed out drunk. I had to pick her up and move her to get a charger and blanket she was sleeping on. The next day after she leaves she starts accusing me of crazy... View More

V. Jonas Urba
V. Jonas Urba
answered on Mar 10, 2022

I noticed that you posted from Boston. I practice in New York.

You definitely must consult an employment lawyer in the state where the event occurred or where your primary workplace is located. The laws of one or possibly both states may apply.

Under New York's Executive Law...
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1 Answer | Asked in Contracts and Sexual Harassment for New York on
Q: My boss of 5 years is now insisting I sign a form agreeing he can go through my phone when he wants .

I took a picture of my foot in a company car and for the first time in years it for some reason was an issue to him. Literally my own foot . Could not identify anything else, riding a half hour to a location for work. He also regularly harasses me and makes inappropriate comments making me fear... View More

V. Jonas Urba
V. Jonas Urba
answered on Aug 31, 2021

Are you working off the clock? Unpaid overtime for answering calls, texts, emails? He might owe you for up to 6 years of unpaid wages. You could insist on being paid for all that time and firing you for that would be retaliation.

Have you considered telling him that you find his behavior...
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1 Answer | Asked in Sexual Harassment for New York on
Q: Can I sue a client company for false accusations? I asked for my contract to be terminated in September 2020.

I worked for a client company through a temp agency. I attempted to report a coworker for sexual harassment and the client company director lied and told HR that I was having a sexual relationship with the man to protect him. I denied the accusations and have gotten bullied by other coworkers... View More

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Feb 23, 2021

Under state and federal law, employers have an obligation to investigate sexual harassment and take steps to prevent it and to prevent retaliation against those who make complaints. You should contact an employment lawyer to review all the facts and legal issues associated with your situation to... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New York on
Q: I was sexually abused from age 3 until 11 in N.Y. by my father. Anal penetration began at age 5.

I am looking into what my options are as far as pressing charges so more information would he helpful.

Peter Wade Kolp
Peter Wade Kolp
answered on Oct 29, 2020

You can consult with local precinct or the local district attorney. Or consult a local attorney. There are civil and criminal ramifications.

Early in 2019, New York passed new legislation extending the statute of limitations for sexual abuse claims in the state. Before this legislation,...
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1 Answer | Asked in Domestic Violence and Sexual Harassment for New York on
Q: If you get someone convicted of a crime, is it possible to get them out of jail later on even if they were guilty?
William Jaksa
William Jaksa
answered on Dec 10, 2019

The short answer is yes. Usually, its a parent, sibling or partner that was assaulted and later presents themselves as a surety or just wants to resume contact. What you need to check to see if there are any court orders prohibiting the offender from contact. Sometimes those are stand alone court... View More

1 Answer | Asked in Sexual Harassment for New York on
Q: A coworker had contacted me over a documented server and relayed a very graphic sexual experience. Sexual harassment?

Im new to my workplace and a coworker IM’d “hello. I just like to get to know all of the new workers.” We exchanged back and fourth about our school and work histories but he asked abruptly “what’s the dirtiest thing you’ve done? Not PG.” And I said nothing. He then proceeded to say... View More

William Jaksa
William Jaksa
answered on Aug 8, 2019

Difficult to fully and properly answer, context is everything, but briefly, sexual harassment can include: Unwelcome sexual advances; Offensive remarks about a person’s gender; Requests for sexual favours; Physical intimidation. It all depends on the context the remarks are made and if they... View More

2 Answers | Asked in Criminal Law and Sexual Harassment for New York on
Q: What steps to take if someone secretly recorded you doing sexual favorites without your consent
Samuel C. Breslin
Samuel C. Breslin
answered on May 1, 2019

Depending on the circumstances, this could be a complicated issue. If they are trying to use the recordings to blackmail you, extort you, or threaten you, it could be a few different crimes (although the legislature passed the revenge porn law, I do not believe it’s been signed into law). If you... View More

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