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Florida Sexual Harassment Questions & Answers
1 Answer | Asked in Sexual Harassment for Florida on
Q: I was sexually abused as a child by a family member. Is there’s anything I can do now although it’s been over a decade?

One of my siblings was also abused by the same family member.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 20, 2019

Probably not--unless the Florida Legislature just extended the statute of limitations for that offense.

1 Answer | Asked in Criminal Law and Sexual Harassment for Florida on
Q: Can I sue someone who passed me herpes knowing that it can be transferred from touching

In Florida

Henry George Ferro
Henry George Ferro
answered on May 9, 2019

Yes you can sue someone from "knowingly passing" herpes virus and obtain monetary damages. A person who "knowingly passes" a venereal disease to another person is subject to criminal prosecution, please see F.S. Chapter 384.

2 Answers | Asked in Criminal Law, Federal Crimes and Sexual Harassment for Florida on
Q: Can I change my mind and drop sexual battery charges even tho arraignment was a few days ago.

I was under pressure from family to press charges but I dont want to

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 30, 2019

Once a victim files a criminal complaint the victim has little of no say over what the state's attorney will do with it. You can try to ask the case worker to help you withdraw the criminal complaint; however, the state does not have to do that.

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2 Answers | Asked in Criminal Law and Sexual Harassment for Florida on
Q: What type of case is this? (sexual harassment/battery?)

Teacher, roughly 50 years old, touched me inappropriately (Put hand on my thigh, tickled me, pressed crotch area against my behind area) throughout the course of 3 months. Also made comments about fighting my boyfriend for me (jokingly), and other small kinds of flirty comments. I am 18. I only... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 23, 2019

Based upon the facts as stated by you, there does not appear to be nearly enough salient operative facts upon which to bring criminal charges. These same facts may be enough to present a prima facie case of sexual harassment, but IMPO the defense could easily defeat the claim after investigating... View More

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3 Answers | Asked in Criminal Law and Sexual Harassment for Florida on
Q: can I go to jail for sexual harassment in Florida
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 28, 2019

No. While "sexual harassment" depending on how it's defined, may sometimes involve civil liability, it doesn't constitute a crime as such, unlike such crimes as sexual battery, etc.

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1 Answer | Asked in Criminal Law, Family Law and Sexual Harassment for Florida on
Q: Can I still get a case if I have no proof of the incident? And can my city somehow get in trouble for dropping my case?

I was molested by my brother in law multiple times for almost four years, through out those four years, I was underage. I went through the entire interviewing proces and investigation, but as soon as I went to get a case at my city’s court house, they told me because I had no proof/ no witnesses... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 27, 2019

Unless you can come up with some form of credible proof, or have at least one credible witness, it is very doubtful you will find any agency to accept a complaint against the person you are accusing.

2 Answers | Asked in Employment Law and Sexual Harassment for Florida on
Q: Is it harassment if my boss, the CEO, is inappropriately messaging me late night after hours?

He was messaging me suggesting I go along with him on a trip out of the country then ended it by saying jk your husband wouldn’t allow with a winky face. Then continued to message me asking if I’ve been to a place and I said no and he asked if I know where it is and I said no and he told me... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 27, 2019

You should discuss this matter in private with counsel here in Florida. You may have a viable case.

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3 Answers | Asked in Sexual Harassment for Florida on
Q: I'm an intern at a tech company. My supervisor has made some sexually explicit comments to me. How do I approach this as

I'm not an actual employee?

Emre Polat
PREMIUM
Emre Polat
answered on Dec 4, 2018

It doesn't matter if you are an intern, sexual harassment is still illegal. Consider a consultation for a case evaluation.

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2 Answers | Asked in Sexual Harassment for Florida on
Q: If I used curse words in shooting down a supervisor who was sexually harassing me, will that negatively impact my

lawsuit against him?

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Nov 12, 2018

No. Although simply harassing you doesn't just automatically create the right to file a lawsuit. You should first report the harassment to your company, and obtain legal advice, including paying for legal advice if this situation is not resolved.

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1 Answer | Asked in Sexual Harassment for Florida on
Q: Can my boss go to jail for sexually harassing me?
Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Oct 25, 2018

We cannot say if the conduct is criminal. However any offensive touching in a sexual manner could be a violation of a criminal statute.

Verbal harassment probably not criminal. I would focus on seeking advice for help in abating the situation with a lawyer and properly addressing the...
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2 Answers | Asked in Criminal Law and Sexual Harassment for Florida on
Q: Can someone use text message as Evidence to against another person in court, Or Investigated Even citizens arrested.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 22, 2018

Yes, a text message can be admitted into evidence, assuming it complies with all other rules of evidence, including relevance and assuming it's not hearsay.

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1 Answer | Asked in Civil Litigation and Sexual Harassment for Florida on
Q: I received an eviction notice last night for payment of back rent. The eviction is only in my name . The original lease

Is in both our names do they have to evict separately because we're not married? Also, the eviction is for past rent, which I have a letter stating that as long as we pay extra each week (which we have been doing) we avoid eviction. The eviction is signed by a different person than the name on... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 15, 2018

yes, assuming that they have the owner's permission to evict you, they may do so. The notice should be addressed to both of you.

They wouldn't evict you separately; the lawsuit would be against both of you.

The letter about paying extra weekly may be a defense to...
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1 Answer | Asked in Sexual Harassment for Florida on
Q: How do I know if my sexual harassment claim is state or federal?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2018

Unless it involves sexual harassment by a federal officer or employee, chances are that it is state. But it doesn't matter unless you plan to litigate it, and you definitely don't want to do that without an attorney who specializes in such cases. Ask that attorney.

1 Answer | Asked in Sexual Harassment for Florida on
Q: My married manager keeps asking me out for drinks and I'm worried I'll lose a promotion at work if I say no.

Should I report this to HR?

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 18, 2018

You should discuss this with counsel so as to make sure you take the right steps to protect your rights. Do not delay.

1 Answer | Asked in Criminal Law and Sexual Harassment for Florida on
Q: I was molested by my at time time 18 year old brother when i was 9/10

I was told to keep it under wraps when i told someone almost a year ago but now i regret it and its been 4 years, what can i do now?

Gary Kollin
Gary Kollin
answered on Jun 28, 2018

It seems the statute of limitations ran. But you did not state your age.

You can contact the police and go from there

1 Answer | Asked in Sexual Harassment for Florida on
Q: What's the difference between sexual harassment and a giving a coworker a simple compliment?
Tina El Fadel
Tina El Fadel
answered on Jun 7, 2018

Sexual harassment is unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature which interferes with an individual work performance which is so severe or pervasive to create a hostile work environment which negatively affects the term, condition or... View More

1 Answer | Asked in Personal Injury, Civil Rights, Internet Law and Sexual Harassment for Florida on
Q: Practice area question:

If you have person A who video taped person B

through an area where the curtain did not close properly and person B

was not aware of the exposure. Person A video tapes person B without

knowledge or consent as person B was in his/her alone engaged in a

private,... View More

Tina El Fadel
Tina El Fadel
answered on Jun 7, 2018

This is a crime and you should report it to the police. Florida is a two person consent state, it is a felony for someone to record another without their consent. Further, yes, this is an invasion of privacy as it was an electronic intrusion into a person's private quarters and possibly a... View More

1 Answer | Asked in Sexual Harassment for Florida on
Q: Can I file a civil suit for sexual assault? And can I or should I also file criminal charges?

I met an entertainment exec online and we met to talk about doing business together. We met at a public restaurant and stayed there for about and hour. We talked business. Then went to another restaurant and it went more personal. He slapped me on my butt several times while I was walking to or... View More

Tina El Fadel
Tina El Fadel
answered on Jun 7, 2018

I am sorry to hear that you had to go through this, especially given the Me Too and Times Up movement. The short answer to your question is that Florida does not recognize a civil cause of action for "sexual harassment" so you would have to file under a different theory such as assault... View More

1 Answer | Asked in Sexual Harassment, Employment Law and Juvenile Law for Florida on
Q: Employer, 23 co-owner and Manager had consensual sex with a 16 year old coworker. Does this violate her rights?

She was a virgin.

Stephen Arnold Black
Stephen Arnold Black
answered on May 18, 2018

Yes, discuss with counsel privately here in Florida. She has a case.

1 Answer | Asked in Sexual Harassment for Florida on
Q: Can you sue an employer for sexual harassment after you've already left the company?
Stephen Arnold Black
Stephen Arnold Black
answered on Apr 19, 2018

More facts would be needed, but yes you can. Be mindful of time limitations that apply to your case, including but not limited to time limits to bring an EEOC charge ( a prerequisite to filing suit) and time limits to file a lawsuit. Discuss in private with counsel.

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