Sexual Harassment Questions & Answers by State

Sexual Harassment Questions & Answers

Q: My boyfriend has been asked to talk a lie detector test due to our daughter making up a story about him touching her

1 Answer | Asked in Sexual Harassment and Criminal Law for Georgia on
Answered on May 27, 2017

This man should hire an attorney. A criminal defendant cannot use a polygraph (lie detector) to help get OUT of trouble, since the Georgia Legislature changed this important law over three decades ago. So, why would ANYONE trust a lie detector, to exonerate them?

I top criminal defense lawyer can guide the boyfriend to a PRIVATE polygraph operator, for taking a private polygraph. If he passes that, then MAYBE, so long as the private polygrapher gets to oversee the GBI or other...
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Q: If my child was investigated as a victim of a child abuse case in school, should the school relay specifics to parents?

1 Answer | Asked in Sexual Harassment, Criminal Law and Family Law for Maryland on
Answered on May 26, 2017

They are supposed to contact the parents of the alleged abused individual. Parents are to be notified depending on what kind of school and what level of school this was.
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Q: If you are 13 and rape someone that is 13 also can you be charged?

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Virginia on
Answered on May 24, 2017

Absolutely, yes.
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Q: If you knew a 17 year old was being molested or sexually harassed could you get charged for not saying anything?

3 Answers | Asked in Sexual Harassment and Criminal Law for California on
Answered on May 22, 2017

The answer to this question depends upon whether or not you are a mandatory reporter. If you are a teacher, psychologist, counselor or other person in a position of authority who is required to report when a minor is being sexually assaulted or harassed then it is a violation of law to fail to report. If you are none of these, but know it is happening, you should report it to someone who is in one of those positions.
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Q: If a 17 year old is being molested in her home and her mom doesn't do anything about it can the 17 year old move out?

1 Answer | Asked in Criminal Law, Sexual Harassment and Juvenile Law for California on
Answered on May 22, 2017

She should call the police and CPS to report these crimes. She will be placed in a foster home during the investigation and criminal prosecution, if any. Running away also stops the molestation, but it does nothing to bring a child molester to justice. Running away also raises the possibility that the police will be looking for you and that you will stop going to school, be declared truant, and not graduate. Better to discuss with a school counselor or a rape crisis center for your options.
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Q: Is it illegal to ask out someone you supervise at work?

1 Answer | Asked in Sexual Harassment for New Jersey on
Answered on May 12, 2017

No it is not against the law, if that is all you do.
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Q: Will future employers be able to find out if you sue your current employer for sexual harassment?

2 Answers | Asked in Sexual Harassment for New York on
Answered on May 12, 2017

Retain legal counsel.

We do not sue anyone right off the bat.

We will draft a confidential fact and case specific demand letter first. Try to settle.

We will then help you file a Form 5 charging document to file with government agency. Unless the government decides to sue that is also confidential. We will again try to settle possibly through mediation.

Only if the above don't succeed do we file a lawsuit. A lawsuit is public and Google has been known to pick up...
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Q: If you file a complaint for sexual harassment can you keep your job while the investigation is pending?

1 Answer | Asked in Sexual Harassment for North Carolina on
Answered on May 12, 2017

Yes, if your employer has at least 15 employees. If you report unlawful sexual harassment, the report is a protected activity. It is unlawful to subject a person who has engaged in a protected activity to retaliation. The employee who has reported the sexual harassment should be maintained in his or her current job unless the employee wants to be moved or held out of work.
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Q: What will happen when a minor is charged with four felony charges?

1 Answer | Asked in Criminal Law, Federal Crimes and Sexual Harassment for New York on
Answered on May 12, 2017

If convicted, his sentence depends on his prior history of convictions. He needs a great lawyer.

See: http://www.aeesq.com/criminal-defense-lawyer/sex-crimes/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA,...
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Q: A friend of mine was recently sexually assaulted. Does he have enough evidence?

1 Answer | Asked in Sexual Harassment for Colorado on
Answered on May 11, 2017

Only the police and DA can make a determination to proceed with charges/investigate or not. There is not enough information to make a determination. Even if there was enough information, a private attorney cannot force a prosecution/investigation.
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Q: My son is having sex with a teacher who works at his school but this teacher isn't one of his teachers. Is this illegal?

1 Answer | Asked in Sexual Harassment and Criminal Law for Texas on
Answered on May 7, 2017

You may be interested in reading Texas Penal Code 21.12 - IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. Here is a link: http://www.statutes.legis.state.tx.us/docs/pe/htm/pe.21.htm#21.12
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Q: If I feel my daughter has been sexually harassed at work and she is 19, can I file a lawsuit if I have text messages etc

1 Answer | Asked in Employment Law and Sexual Harassment for North Carolina on
Answered on May 7, 2017

No, you cannot as she is an adult. She would be the only one who could pursue this.
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Q: What will happen if an 18 year old made out with a 15 year old?

1 Answer | Asked in Sexual Harassment and Criminal Law for Indiana on
Answered on May 6, 2017

"Making out" is not a form of intercourse or deviant conduct. It may be a form of sexual battery, depending on what you mean by "making out". The 18 year old should consult an attorney if he or she is concerned about specific conduct.
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Q: My supervisor keeps asking invasive questions about my personal life. Is this sexual harassment?

1 Answer | Asked in Sexual Harassment for Illinois on
Answered on May 5, 2017

It may be.

Consult with an attorney who specializes in employment law.
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Q: What happens if you try to sue in court before going to the EEOC for sexual harassment?

2 Answers | Asked in Sexual Harassment for California on
Answered on Apr 28, 2017

Filing a complaint with the EEOC or DFEH is a prerequisite to suing in court.
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Q: My friend told me she got raped by a 15 year old boy can be go to jail for rape?

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for California on
Answered on Apr 26, 2017

Rape should be immediately reported to the police. You can also sue in court for civil damages for rape. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: I went out one time with a guy. he said I said please but I don't remember. I blacked out! Is this considered rape.

1 Answer | Asked in Criminal Law and Sexual Harassment for California on
Answered on Apr 26, 2017

Sex with a person who is unconscious or drunk is considered rape: no consent is possible. You should report this to the police. You can also sue for civil damages. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in...
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Q: Can a employer ask for a employee applicant to be women with large breasts and large behinds? Is this illegal under EEOC

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Arizona on
Answered on Apr 25, 2017

Yes, this is illegal if the company employs 15 or more workers. Small companies, with less than 15 employees, are not subject to federal employment laws.
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Q: Let's say I was sexual abused as a child but the person who abused me was also a child but older than me.

2 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Sexual Harassment for New York on
Answered on Apr 23, 2017

I don't know what a long time ago means? Why not go to a police station near where the incident happened and ask a detective who works on cold cases? If the crime is still able to be prosecuted they will jump on it. They may even refer you to the attorney general if other persons were harmed. You may be able to help other victims even if your case is too cold.

As far as civil lawsuits if the sexual harassment had been at a workplace you would have up to 3 years to sue in a state trial...
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Q: How long do you think my boyfriend would be looking at it he's being charged with statutory sexual assault?

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Pennsylvania on
Answered on Apr 20, 2017

This is a serious offense. Because I don't know all the details, it is very hard to say but based on the two pieces of information you have listed, a prior sex charge and being on probation, you would be wise to immediately find a qualified criminal defense attorney. There is no easy answer to the "how long" question because there are many factors that are considered. Best advice: get your boyfriend a good lawyer.
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