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When you or your loved one face sexual harassment allegations, do not panic. Our St. Petersburg sexual harassment lawyers are dedicated advocates for protecting your rights and reputation. With many years of experience in handling complex sexual harassment cases, our team of dedicated sex crimes attorneys possesses a deep understanding of the laws and regulations governing such matters in the state of Florida.
We can investigate the accusations, gather evidence, and build a strong defense strategy to challenge the accusations. Our goal is to achieve the best possible outcome for you, whether through negotiations with the prosecutor, or litigation in court.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct of a sexual nature that creates a hostile or intimidating environment. The prohibited conduct can include unwanted touching, sexual comments or jokes, lewd gestures, or other behavior that makes a person feel uncomfortable, offended, or threatened. This behavior can happen in a variety of different settings, such as the workplace, educational institutions, housing situations, online, and public spaces.
In this state, sexual harassment is considered a form of discrimination under state and federal law. Under federal law, sexual harassment is governed by Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, including sexual harassment, in the workplace. Another relevant law is the Florida Civil Rights Act, which provides protections against discrimination, including sexual harassment, in employment. Other statutes that define sexual harassment include the Florida Fair Housing Act (which prohibits sexual harassment in housing) and Title IX of the Education Amendments of 1972 (which prohibits sexual harassment in educational institutions). An attorney in St. Petersburg could go over these statutes more in-depth in a consultation.
Penalties for sexual harassment differ depending on the facts of the St. Petersburg case and the laws that are violated. Persons can collect civil penalties against a perpetrator or employer for damages. The court can award monetary compensation for lost wages, emotional distress, and other damages.
Apart from civil penalties, a criminal case can be filed against the accused individual. Sexual harassment may be seen as a criminal offense under Floridian law. Criminal charges can carry penalties such as jail time, probation, registration as a sex offender, and fines.
Apart from civil and criminal penalties, there may be severe professional consequences in a harassment case. The accused individual may face being terminated, suspended, or having their professional licenses and certifications revoked.
In a criminal sexual harassment case, the alleged victim or law enforcement will first file a report, which will lead to charges being filed against the accused individual.
If the police determine there is probable cause, they will make an arrest. The defendant must be formally charged with a crime, usually in the form of an indictment or criminal complaint.
During the arraignment process, the accused person must appear before the court to enter a plea of either guilty, not guilty, or nolo contendere. The last option is a Latin phrase meaning “no contest.” This means that the accused is neither admitting nor denying guilt.
During the pretrial proceedings, St. Petersburg lawyers for both the prosecution and defense will file motions, discovery, and other legal procedures. At the trial, the prosecution presents evidence of sexual harassment and then the defense must refute it. The onus is on the prosecution to prove that the crime had occurred. Afterward, the judge or jury (depending on whether it is a bench or jury trial) must decide whether the defendant is guilty or innocent.
If the accused individual is found to be guilty, then there is a sentencing afterward, which will include fines, imprisonment, probation, or community service. The defendant also has the option to appeal the verdict or sentence if there is a legal error made during the trial.
Throughout the whole legal process, both the accused and the alleged victim have rights. It is important for each party to have competent legal representation to ensure a fair trial.
Sexual harassment is a serious accusation that can lead to civil and criminal penalties. Our St. Petersburg sexual harassment lawyers are here to offer support during these trying times. Please call our firm today to schedule your complimentary consultation!