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Can you go to jail for verbally sexually harassing someone?

I run a small business, and I’ve been accused of making sexually harassing comments to one of my employees. Say for the sake of argument that I did make some comments that were meant to be funny or flirtatious but coulde be taken the wrong way; could I go to jail for that?

Answers (1)

As a general matter, purely verbal harassment is not a crime. Usually, it requires force or threat of force for harassment to become a crime.

However, that’s merely as a general matter: a state could have laws criminalizing your behavior. Or the exact remarks or context (including, for example, the power you wield as the employee’s boss) could be taken to constitute a threat. Repeated verbal harassment could rise to the level of stalking, which is a crime.

If you believe that someone may attempt to press charges against you for verbal sexual harassment, you should consult with an attorney with whom you can confidentially share your exact remarks and behavior, in order to evaluate your potential criminal liability or exposure. Also, don’t forget about civil liability—sexual harassment is considered a form of sexual discrimination, and sexual discrimination in employment if forbidden by law, including by federal law. As an employer, you could face substantial civil penalties, including fines, for verbal sexual harassment of an employee.

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