Sexual harassment is often talked about, but less often understood. But understanding the complexities of sexual harassment can not only help you avoid a false accusation, but will also help you know what to do if you are accused.

What Can Be Considered Sexual Harassment?

According to LegalMatch, sexual harassment occurs when someone directs unwanted sexual conduct or contact that creates a hostile and offensive environment.

When many people think of sexual harassment in the workplace they often think of the stereotypical “quid pro quo harassment.” But while this does happen, it is the rarest type of workplace sexual harassment. Sexual harassment accusations are often less black and white – but a criminal defense attorney can help you tell your side of the story.

According to the U.S. Department of State, sexual harassment can look like:

• Sexual pranks, or repeated sexual teasing, jokes, or innuendo, in person or via e-mail;
• Verbal abuse of a sexual nature;
• Touching or grabbing of a sexual nature;
• Repeatedly standing too close to or brushing up against a person;
• Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated he or she is not interested (supervisors, in particular, should be careful not to pressure their employees to socialize);
• Giving gifts or leaving sexually suggestive objects around;
• Repeatedly making sexually suggestive gestures;
• Making or posting sexually demeaning or offensive pictures, cartoons or other materials in the workplace;
• Off-duty, unwelcome conduct of a sexual nature that affects the work environment.

Sexual harassment can fall under the New York Penal Code if it involves the following elements:

• Forcible Touching – which occurs which a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading.
• Criminal Sexual Act – when a person engages in oral or anal sexual conduct with another person without that person’s consent. This can be charged in the First Degree when there is force used, a Class B felony. It would be charged in the Third Degree when the person cannot consent, a Class E felony.
• Sexual Abuse – occurs when a person subjects another to sexual contact without consent. This can be charged in the First Degree when it is done by force, a class D felony. It would be charged in the Third Degree when it is done without consent, a class B misdemeanor.
• Persistent Sexual Abuse is charged when a person has committed sexual abuse, Third degree or forcible touching and had been previously (within the last 10 years) convicted two or more times and sentence imposed, a class E felony.

What To Do If You’re Accused

If you’re convicted of sexual harassment, the penalties can be severe – ranging from disciplinary action from your employer to termination from your job to even jail time! That’s why you need an experienced criminal defense attorney to help get your charges dropped! If you’re accused of sexual harassment, LegalMatch recommends some important tips that will help your case and help prove your innocence:

• Take the allegations seriously when you are notified directly by a co-worker or indirectly by other employees, supervisors or human resource personnel.
• Start recording your interactions with the co-worker and write down everything you can recall from prior incidents.
• Ask the employer to identify what steps will be taken by them to determine in good faith the facts of the allegations.
• You may also wish to cooperate with any investigation undertaken to determine whether the allegations against you can be substantiated. It is important that you identify any witnesses and provide any statements or documentation that may support your story.
• Consult with a criminal defense attorney who can help you to respond to the allegations or help with mediation efforts by the company to resolve the issues without resorting to litigation. Consulting with your attorney can also help you to decide how best to respond if the investigation finds that you did sexually harass your colleague. This will also help in anticipating penalties, such as termination, being required to issue an apology, or participation in sensitivity training.

Were you falsely accused of sexual harassment in Westchester County, NY? Or maybe you were charged with harassment but you know the charges are far more severe than what you deserve. When you need justice, get Darren DeUrso to help argue your case! You have the right to an experienced criminal defense attorney who can tell your side of the story convincingly.

Contact a criminal defense attorney you can trust at 914.772.8614 or online.

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

Most people don’t consider the legal implications of something as mundane as posting pictures to Instagram or writing an update on Facebook. Social media is so normal that we forget about the negative repercussions that even a casual, “harmless” post can have.

But if you’re facing any kind of criminal charges, think again before using social media. Social media can be a game-changer when it comes to criminal cases – here are five reasons why:

1. Social Media Posts Can Legally Count As Evidence Against You. Whether you’re describing your day, sharing a few photos, or checking in at a location, your social media activity can be used by the court against you. According to Forbes, “courts today are more than willing to admit social media content as a form of evidence both for and against you.” Something as innocent as a photo of you and your friends having a beer at a sports bar can be twisted into something as serious as evidence that you have an alcohol problem. Assume that what you post could be used for the worst. And if you’re involved in a criminal case, a good rule of thumb is usually to not post anything (including “private” messages).
2. Something You Assume Is Private Can Be Made Public. In a recent article about social media and legal cases, Forbes advised to “never assume that anything you share online (publicly or in private messages) is fully confidential…If you are involved in any case or proceeding, or even a case or proceeding that is reasonably foreseeable, think twice before posting anything that can be self-incriminating or used against you in the courtroom.” Even deleted content and posts or messages marked as “private” can be uncovered and obtained by people who know how.
3. The “Illegally Obtained Evidence” Argument Doesn’t Usually Work for Social Media Posts. This means that at any time the court (or the opposing party in your criminal case) can present your public social media posts as evidence against you. Forbes reports that, contrary to popular belief, it is completely legal to use communications garnered from social media sites as evidence. Judge Michael Corriero explains that “the prohibition against using illegally obtained evidence applies primarily, essentially solely, to law enforcement. It doesn’t apply to another civilian.” And although it is perhaps counter-intuitive, this rule applies for private or direct messages on social media platforms such as Facebook Messenger or WhatsApp too. If you’re at risk of criminal convictions, it’s a good idea to not post or message anything that you wouldn’t mind the whole world hearing.
4. Deleted Posts Can Be Seen As Suspicious. Don’t assume you can just delete anything you don’t want the judges to use against you. Just like attempts to hide physical evidence would be seen as suspicious, attempts to delete social media posts while your case is in progress will also be a red flag to the courts. Experts writing for Forbes strongly advise against deleting anything during your case. Judges will see this as evidence that you were trying to hide evidence that would incriminate you. And remember that deleted content can be recovered. It’s also highly likely that someone you know would have seen the content before you deleted it, and they could be called upon as a witness. According to Forbes, even “permanently” deleted content can be recovered using new-gen forensic recovery methods.
5. Someone Else Posts Something Incriminating. Things can get out of control fast! Even if you are being aware and careful about what you post on your own accounts, friends or family can post something incriminating – regardless of intentions. Even if you’re not tagged in the photos that your friends post, the opposing attorney can look through your friends’ social media content for anything that could be used against you.

Regardless if you are innocent or guilty, social media can make your case decidedly more complex. According to LegalMatch, many kinds of criminal charges can arise from social media posts. Text, photos, tags, and videos of any kind can imply your involvement in a crime.

Has something been posted on social media that you fear will be used against you? Have you posted something you regret and now need help navigating the situation effectively? No matter your situation, you’re entitled to experienced and effective legal representation.

If you’re facing criminal charges in the White Plains, NY area, don’t risk the lifelong consequences of a criminal conviction. Darren DeUrso will make it a personal goal to get justice for your case! Contact a criminal defense attorney you can trust at 914.772.8614 or online.

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788