Regarding sexual harassment, there are two variations in how it is perceived. The first is the people’s perspective, where any sexually abusive act is considered sexual harassment. On the contrary, the law has different variations of sexual harassment, and the punishment of the guilty is decided accordingly.
Most of these laws differ from state to state. For example, some states consider even the tiniest actions of assault as sexual harassment and have similar penalties as rape or sexual advances without consent.
If you ever face sexual harassment at any place, get legal advice from an experienced sexual harassment attorney. A lawyer will help explain to you all your right and what actions you must take against your abuser.
Nevertheless, here are some common laws related to sexual harassment and the penalties related to the crime.
Sexual harassment laws related to rape
While different states use several terms for rape, criminal sexual penetration, sexual assault, etc., the crime’s gist is sexual penetration occurring without the victim’s consent.
Sexual assault or rape can mean a penetration inside the victim’s genitals with a body part of the abuser or them inserting an object. However, other forms of penetration, like oral contact with the genitals of the abuser, can also come under sexual assault.
In most states, sexual assault or rape is divided into different stages depending on the degree of torture or abuse. For example, first-degree and second-degree have assigned punishments and penalties according to harm done to the victim.
Situations and circumstances of the assault will determine the severity of the penalty for the abuser was an external object used to cause bodily injury, was the rape performed at gunpoint, or was there an attempt to murder after the assault?
The punishments for rape can vary from one year to a lifetime depending on various aspects like state laws, degree of harm, abuser’s mental condition, etc.
Sexual harassment laws related to sexual battery
Although sexual battery cases result in gruesome mental trauma to victims, they have a lesser degree of physical abuse. Sexual battery is criminal sexual contact between the abuser and victim conducted without consent.
The sexual battery does not involve penetration and severe torture, so its penalties and punishments are less severe. However, if the sexual assault involves using a weapon or causes a personal injury, the criminal activity is labeled a felony. However, if the assault happens by forcing the victim is a misdemeanor.
An abuser guilty of sexual battery receives a sentence of one year in jail but does not comply with going to prison.