Sexual Misconduct Charges

Sexual misconduct includes sexual harassment and sexual conduct which is non-consensual, threatening, harassing and intimidating to another person.

What is Sexual Misconduct?

Sexual misconduct is sexual activity between a person of authority with a subordinate person.  This type of conduct typically involves a professional while engaged in his or her profession, and generally runs afoul of the profession’s code of ethics.

Types of Sexual Misconduct

Sexual misconduct is similar to sexual harassment and arises in various settings.  Frequently, the misconduct occurs where the professional is in position of power over an individual who is in a subordinate position. In virtually all instances, the professional commits the sexual misconduct.  Some frequent examples of the professional-subordinate relationship include the following:

• physician/patient
• attorney/client
• professor/student
• teacher/student
• clergy/congregation member

Consequences of Sexual Misconduct

Consequences of sexual misconduct include private lawsuits against the professional person as an individual, or against the person’s employer.  The suit could be based upon such tort theories as assault or battery, or against an employer on a theory of breach of employment contract or negligent hiring practices, especially if the professional person has previously committed the sexual misconduct.  Furthermore, the victim could also report the sexual misconduct to the professional’s licensing board or regulatory agency, which could then launch its own investigation and impose its own legal sanctions as permitted by law.  Depending upon the particular jurisdiction, these sanctions could include the following:

• review of the professional’s immediate associates, other insubordinates or colleagues 
• review of the professional’s legal, medical and/or therapy records
• mandated psychiatric and/or psychological tests related to the incident
• mandated medical/psychiatric and/or psychological treatment of the professional
• suspension or loss of a professional license
• mandated ongoing progress reports to the licensing agency
• payment of fines and/or other penalties such as community service

How a Lawyer Can Help

If one is accused of sexual misconduct, one should consider speaking to an experienced employment lawyer.  Employment law is a complicated area of the law which incorporates many different types of laws, such as federal and state law, labor law, torts law and civil rights law. Consequently, if one is involved in a sexual misconduct matter, one should consider the attorney’s experience in sexual misconduct matters.  An experienced attorney can not only utilize their skills to review one’s case, but also the attorney can help one select the most appropriate course of action.