Sexual Harassment Attorneys in Sacramento
We Are Sexual Assault Attorneys Who Fight Aggressively for Victims
What constitutes sexual assault or rape?
California civil law defines rape and sexual assault to include nonconsensual sexual contact involving:
- Forcible penetration or oral sex
- Coerced sex through use of weapons or other threat of harm
- Touching of private parts, under or over clothing
- Taking advantage of someone incapacitated by alcohol or drugs
- Use of date rape drugs
- Attempted sexual assault
Statistics of Victims of Sexual Violence
According to RAINN (Rape, Abuse & Incest National Network) and statistics taken by the U.S. Justice Dept., sexual violence affects millions of Americans. Specifically:
- On average, there are 321,500 victims (age 12 or older) of rape and sexual assault each year in the United States. (Dept. of Justice Programs Bureau of Justice Statistics, National Crime Victimization Survey, 2010-2014.)
- Ages 12-34 are the highest risk years for rape and sexual assault.
- 54% of sexual assault victims are of ages 18-34.
- 90% of adult rape victims are female.
- Women ages 18-24 who are college students are 3 times more likely than women in general to experience sexual violence. Females of the same age who are NOT enrolled in college are 4 times more likely.
- 1 out of every 10 rape victims are male.
- Transgender students are at a higher risk for sexual violence.
In most instances the victim knows the perpetrator, which creates a hostile and unbearable environment for the victim who suffers in the aftermath. Victims of rape are not only severely traumatized in the short term, but commonly suffer psychological and emotional effects for years after the trauma occurred. Sexual abuse victims may experience painful emotions and long term symptoms after the attack, including:
- Anxiety, fear, shock and disbelief
- Inability to sleep and post-traumatic stress disorder
- Depression, withdrawal and despondency
- Disability that affects the ability to work or perform at school
- Loss of appetite
- Lack of interest in activities of daily life
- More likely to use drugs
- Attempt suicide
Sexual violence also affects victims’ relationships with their family, friends and co-workers.
Child Sexual Abuse or Sexual Assault
According to statistics taken by RAINN, about 15 percent of sexual abuse victims are under the age of 18. Most of these incidents take place where young adults and children are supposed to be protected by professionals in organizations such as churches, schools, sports activities and other community groups. When these organizations fail to safeguard our children or take advantage of persons who are unable to protect themselves, they need to be held liable.
If you or someone you know has been the victim of sexual assault then call us today for a free, confidential conversation about your rights and options (916) 440-8600
We Are Sexual Harassment Lawyers Protecting Employees Rights and Community’s Standards
Being subjected to harassment because of sex or gender cuts to the core of our self-worth, dignity and place in the community. We are experienced sexual harassment attorneys here to help you and send a message to those who violate our community standards.
What is “Sexual Harassment?”
While sexual harassment can take a variety of forms, it generally boils down to two different scenarios employment situations.
The first is known as “quid pro quo” harassment which translates to “something for something.” It commonly occurs when a term of employment is conditioned on submitting to unwanted sexual advances. Most commonly quid pro quo sexual harassment happens when a supervisor requires you to engage in sexual conduct in order for you to receive an employment benefit such as a promotion or raise.
The second common form of harassment occurs when someone is subjected to a “hostile work environment.” This typically occurs when an employee is subjected to unwanted harassing conduct because of sex, gender, and/or gender expression. The harassment must be sufficiently severe and pervasive that a reasonable person in the victim’s situation would consider the work environment to be hostile or abusive.
Conduct is severe or pervasive when it alters the terms and conditions of employment. Conduct that is occasional, isolated, sporadic or trivial is not considered severe or pervasive. A hostile work environment may be created under the following circumstances: (1) when the harassment is directed at you; (2) when the conduct is not directed at you but you personally witnessed the harassment in your immediate work environment; or (3) when there is widespread sexual favoritism in your work environment.
What are some examples of sexual harassment?
Sexual harassment occurs in a variety of circumstances, including but not limited to:
- Sexual harassment could be either verbal, written or physical, or a combination of these.
- The victim as well as the harasser may be a woman or a man. The victim may be of the same sex.
- The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment does not have to cause economic injury to or discharge of the victim, meaning you don’t have to be fired for it to be a hostile work environment.
- The harasser’s conduct must be unwelcome.
How do I know if I am a victim of sexual harassment?
If you feel that someone in your workplace is making unwanted sexual advances or creating a hostile work environment based on your gender, you are probably right about what’s happening. It is a situation where you must “trust your instincts.” (CLICK HERE for a YouTube video by Kresta Daly with tips for workers who encounter sexual harassment.)
If you are the victim of sexual harassment in the workplace, or another professional or social situation, you may feel powerless, vulnerable and afraid to speak out. Our experienced attorneys can help you in assessing the situation, and we will do so with compassion and empathy. You are not alone. We are here to help you heal and make our community stronger. Contact us now.
What should I do if I am being sexually assaulted?
If the sexual harassment is physical – if unwanted touching or rape is occurring – we strongly recommend that an immediate police report be made. Find your nearest police or sheriff’s station and make a report.
If you have been the victim of unwanted touching or sexual assault at work, it is incredibly important that you obtain treatment from your personal physician and emotional support through individual and/or group therapy. Sexual assault resources include the RAINN Hotline: (800) 656-4673 (https://www.rainn.org/about-national-sexual-assault-telephone-hotline; https://hotline.rainn.org/online/terms-of-service.jsp; https://centers.rainn.org.
Contact one of our sexual harassment lawyers to get compassionate support and help through this difficult time. CONTACT US.
What should I do if I think I am being sexually harassed?
First, tell the harasser to stop if you feel it is possible to do so. If not, that’s totally understandable. We have been in both situations – where we were able to confront the harasser and also when we were not able to confront the harasser – so we truly understand.
We offer a few words of support to those who are considering telling the harasser to stop — we know that it is scary and can be really hard to do this. But you have the right to tell the harasser that what he or she is doing is wrong. If you can have someone who will support you there when you tell him or her to stop, that could be very helpful, both emotionally and in the future for corroboration that you told him or her to stop. If you are not able to have a witness present, send him or her an email confirming that you told him or her to stop, or at least send the email to yourself detailing what you said, when, where and what he or she said. Please know that it is illegal for an employer to retaliate against an employee for reporting sexual harassment. You are supposed to be free to report sexual harassment — your employer’s policies probably even encourage you to report the conduct. If you reported the sexually harassing conduct and/or are worried about retaliation, contact one of our sexual harassment lawyers to get compassionate support and help.
To those who do not feel they can confront their harasser – we truly understand and respect your instincts. There are many reasons why you may feel it is impossible to confront your harasser, including fear of retaliation, responsibilities to you family, or fear that the harasser’s conduct could escalate. If you feel you cannot confront your harasser, this means that you need to get help sooner rather than later because there is a serious power imbalance at work. Remember, we understand because we have been through this ourselves and we have represented many victims of sexual harassment. Unfortunately, our experience is that it is not likely to get better once sexual harassment starts. So it is important to contact one of our sexual harassment lawyers to get compassionate support and help.
It is important to document the harassment carefully, and detail your reporting of the sexually harassing conduct (if you have reported) and the responses of your employer. The attorneys you contact at our office will discreetly ask you for the details of what happened and when, so that we can assess your case. Please do not worry if you do not already have detailed information, you can provide your best recollection of the events and estimates of dates. Also, it’s important for you to keep all written communications like texts, instant messages, social media messages, emails, etc., and provide those to us for our review in assessing your case.
Reporting the harassing conduct to the employer, i.e. someone who is not your harasser, is important and is probably required by your employer’s policies. Even though it is scary to do this, reporting helps you begin taking back your power and can truly help protect others. We understand that there are circumstances, like where the harasser is the head of the company or another very powerful person, when reporting may feel unrealistic or impossible. This reality speaks to the power imbalance you are experiencing, and we are here to help. We are happy to talk with you about this and help you make the right decision under your specific circumstances. Contact one of our sexual harassment lawyers to help compassionately guide you through the process.
Once you report the sexual harassment, your employer has an obligation to conduct an immediate, full and fair investigation, stop the harassment and punish the harasser (assuming the wrongful conduct occurred). Your employer is breaking the law if it does not take action or if you are retaliated against.
If your employer does not respond in an appropriate and satisfactory manner – meaning conduct an immediate, full and fair investigation, stops the harassment and punishes the harasser, you may wish to pursue a legal claim. In California, sexual harassment claims require that you to file a complaint with the Department of Fair Employment and Housing (https://www.dfeh.ca.gov) no later than one year after the wrongful conduct. Once you file with the Department of Fair Employment and Housing and receive a “right-to-sue notice,” you have one year to file a claim in civil court.
Finally, sexual harassment and victimization can be devastating to anyone who experiences this conduct. Please take good care of yourself and seek out therapy if at all possible. Talking about these experiences helps us process what happened and begins the healing process. Seeking help is not a sign of weakness — rather, it is a sign of courage. Contact one of our sexual harassment lawyers to help compassionately guide you through the process of obtaining help.
Why are we the best sexual harassment lawyers for you?
At Sacramento Sexual Harassment Lawyers we are passionate, relentless victim’s rights and employment lawyers who have earned a solid reputation fighting for California employee rights. Through single-plaintiff, multi-plaintiff and class action cases, we have obtained in excess of $30 million in settlements and verdicts for our clients. But just as significantly, we have improved the working conditions for countless employees and we have helped numerous victims recover. We care about victim’ rights, and we make a difference. We hope we can help you too.
Take back your power. Contact us now at (916) 440-8600.