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Sexual harassment and sexual assault are often confused. While there can be overlap between sexual harassment vs. sexual assault, it’s crucial to be able to distinguish between these types of harm. While sexual harassment typically refers to unwanted sexual gestures, sexual assault involves sexual contact without consent. Importantly, both forms of sexual misconduct are deeply traumatic for victims and strictly prohibited under California law.
To understand the difference between sexual harassment vs. sexual assault, it’s essential to be aware of the types of conduct that constitute sexual harassment. Specifically, sexual harassment refers to unwelcome sexual advances and a broad range of sexually inappropriate conduct. It can include a variety of unwanted sexual behaviors, including the following:
There are two main types of sexual harassment that are recognized in California: “quid pro quo” and “hostile work environment” sexual harassment. “Quid pro quo” sexual harassment occurs when someone conditions employment or a work benefit upon the victim’s submission to the sexual advances. “Hostile work environment” sexual harassment occurs when the perpetrator’s unwelcome conduct unreasonably interferes with the victim’s performance of their job duties or creates an intimidating environment. Although a majority of sexual harassment claims are tied to the workplace, this misconduct can also occur in educational institutions, online, and public locations.
Not to be confused with sexual harassment, sexual assault is defined as any sexual act that is performed without consent, including acts that involve force, threats, or fraud. Examples of sexual assault can include forcible or non-consensual touching, sexual battery, groping, rape, and attempted rape. While there are different categories of sexual assault in the criminal justice system, the primary element of each offense is lack of explicit consent.
The impact of sexual assault on a victim can be devastating. A victim may experience post-traumatic stress disorder (PTSD), dissociation, emotional issues, and lifelong trauma. Not only can a victim file criminal charges against the perpetrator, but they may also be entitled to pursue a civil lawsuit to recover monetary damages for the harm they have suffered.
The main distinction between sexual harassment vs. sexual assault is that sexual assault is a direct infringement upon a person’s physical boundaries, whereas sexual harassment creates an uncomfortable environment. But it’s critical to be aware that these two types of misconduct are not always mutually exclusive. For instance, while sexual harassment can involve instances of unwanted touching, such physical contact can cross the line to constitute sexual assault.
Notably, both forms of misconduct can make a victim feel unsafe and intimidated. Whether a victim has experienced sexual harassment vs. sexual assault, there can be severe long-lasting physical, mental, and emotional effects. Stress-related symptoms may include physical ailments such as headaches, gastrointestinal issues, cardiovascular issues, and muscle aches. A victim may also experience physiological effects such as difficulty sleeping, chronic anxiety, depression, low self-esteem, and concentration issues. In some cases, a victim may withdraw socially or engage in self-harming behaviors like substance abuse.
Victims of sexual harassment and sexual assault may be eligible to pursue criminal and civil remedies. Specifically, depending on the facts of the case, a victim may be entitled to recover both their economic and non-economic damages by filing a civil lawsuit. Economic damages can include compensation for medical expenses, lost wages, future loss of earnings, and out-of-pocket costs in connection with the harm suffered. A victim may also be entitled to monetary recovery for the non-economic damages they incurred, including their emotional distress.
In certain situations, punitive damages may be available, such as in cases where an employer’s misconduct was particularly egregious. Punitive damages are not meant to compensate a victim, but rather, punish the defendant and deter others from engaging in similar wrongdoing.
If you’re a victim of sexual harassment or sexual assault, you may be entitled to take legal action against the perpetrator. At ADZ Law LLP, our attorneys will take the time to understand your unique circumstances and fight for the justice and compensation you deserve. We will work to support you and help ensure you feel empowered every step of the way. Providing legal services and assistance in the San Francisco Bay Area, San Mateo County, and the surrounding region of California, we invite you to contact us to schedule a confidential consultation to learn how we can help.
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