Defining Criminal Sexual Harassment

Sexual harassment covers a wide range of behaviors that can occur in various settings. While many people are aware that offensive behaviors can lead to severe consequences, including civil penalties and lawsuits, some instances of sexual harassment may also result in criminal penalties. Cases involving specific illegal actions related to sexual harassment can lead to arrests and criminal prosecution. Although many of these cases are not prosecuted in a court of law, it is crucial to have a strong legal defense to understand how these behaviors are handled.

What Is Sexual Harassment?

Generally, any actions that cause others to feel bothered, annoyed, frightened, or concerned for their safety or the well-being of their property can be considered harassing behavior. When such behavior includes actions involving sexual activity or lewd suggestions, sexual harassment complaints may be filed.

Typically, sexual harassment occurs when one person makes unwelcome sexual advances, proposes sexual activity, or uses inappropriate language toward another person who does not consent to this behavior. This can include actions such as:

• Unwelcome actions or advances of a sexual nature: Any physical or verbal behavior of a sexual nature that is not consensual.
• Behavior that explicitly or implicitly affects one’s employment or creates a hostile environment: Situations where sexual behavior or comments affect the victim’s work performance or create an intimidating, hostile, or offensive work environment.
• Threats or retaliation to coerce sexual activity: Situations where someone uses their position of power to threaten or retaliate against someone who refuses sexual advances.

Consider the following examples. Brad works for an internet marketing company. During his bi-weekly performance reviews, Brad’s boss makes lewd suggestions and comments on Brad’s appearance in a graphic manner. Brad may file a complaint for sexual harassment because the remarks are unwelcome and create a hostile work environment.

In another example, Leticia is approached by her co-worker Michael, who offers her a recommendation for a promotion in exchange for sex. After she refuses, Michael tells his supervisor that Leticia has been stealing from work, aiming to get her fired. Leticia may file a complaint and possibly pursue a lawsuit for sexual harassment.

Both cases show strong evidence of sexual harassment. While most cases may not lead to criminal charges, crossing certain lines can quickly involve the justice system.

When Harassment Becomes A Crime

While harassment itself is not always against the law, some accompanying behaviors are strictly illegal. These behaviors include:

• Assault (Texas Penal Code Section 22.01 ): This involves intentionally, knowingly, or recklessly causing bodily injury to another person, threatening another with imminent bodily injury, or causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
• Indecent Exposure (Texas Penal Code Section 21.08 ): This involves exposing one’s genitals with the intent to arouse or gratify sexual desire, when the actor is reckless about whether another person is present who will be offended or alarmed by the act.
• Sexual Assault (Texas Penal Code Section 22.011): This involves intentionally or knowingly causing physical contact or penetration without the other person’s consent.
• Stalking (Texas Penal Code Section 42.072 ): This involves engaging in a course of conduct directed at a specific person that causes that person, or a family member or individual living in that person’s household, to fear bodily injury or death, or fear that an offense will be committed against their property.
• Illegal Recording or Photography (Texas Penal Code Section 21.15 ): This involves recording or transmitting visual images of another person in a location where the person has a reasonable expectation of privacy without their consent.

Additionally, recent legislative updates have expanded the definition of harassment to include:

• Tracking or Monitoring (Acts 2023, 88th Leg., R.S., Ch. 839, H.B. 2715, Sec. 7): Tracks or monitors the personal property or motor vehicle of another person without the other person’s effective consent, including by:
  • (A) Using a tracking application on the person’s personal electronic device or using a tracking device; or
  • (B) Physically following the other person or causing any person to physically follow the other person.
• Obscene or Threatening Communications (Acts 2023, 88th Leg., R.S., Ch. 1118, H.B. 1427, Sec. 1): Makes obscene, intimidating, or threatening telephone calls or other electronic communications from a temporary or disposable telephone number provided by an Internet application or other technological means.

Consider the examples of Brad and Leticia again. In the first scenario, Brad experiences lewd comments and an unwelcome workplace environment. If that scenario takes a different turn, criminal charges might be filed. For example, suppose that Brad firmly rejects the sexual advances of his boss. His boss becomes angry and pushes and slaps Brad across the face. Brad may contact the police and file a criminal complaint for the assault that his boss carried out.

In Leticia’s example, suppose once more that she refuses the sexual advances of Michael. Michael grows very angry and begins following Leticia home from work. He sends gifts to her home, takes photos of her around town, and sends her explicit photographs. Michael may be arrested and criminally prosecuted for stalking, harassment, illegal recording, and lewd conduct.

It’s important to note that sexual harassment is not always against the law. However, harassment itself is a criminal offense in the state of Texas. A person can be arrested and charged with harassment if they engage in certain behaviors, such as:

• Repeated unwanted phone calls, text messages or emails
• Sending unwanted gifts
• Following someone
• Causing another person to fear for their safety or the safety of their family or property.

Legal Penalties

A conviction for offenses related to sexual harassment can significantly impact a person’s life. For example:

• Sexual Assault (Texas Penal Code Section 22.011 ): A conviction is a second-degree felony, punishable by up to 20 years in prison, a fine of up to $10,000, and mandatory registration as a sex offender.
• Harassment (Texas Penal Code Section 42.07 ): If a person accused of sexual harassment engages in other harassing behaviors, such as unwanted phone calls or stalking, they may be charged with a Class B misdemeanor, punishable by up to six months in jail, a fine of up to $2,000, and a restraining order.
• Stalking (Texas Penal Code Section 42.072 ): This is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

Legal Defenses

If accused of sexual harassment, seeking legal representation quickly is crucial. Even one accusation can greatly impact your life and career. An experienced defense attorney can help gather evidence and build a strong defense to protect your rights. Common legal defenses include:

• Challenging the accuser’s credibility: Presenting evidence that contradicts their claims.
• Proving consent: Showing that the actions were consensual.
• Demonstrating lack of intent: Proving that there was no intent to harass or harm.

Understanding Texas law and the specific statutes involved is essential for an effective defense. Each case is unique, and a skilled attorney can tailor the strategy to the specific circumstances and evidence.

Facing allegations of sexual harassment can be overwhelming, but you don’t have to navigate the legal system alone. Brett A. Podolsky is an affordable Houston attorney with extensive experience who can provide the legal defense you need. He offers personalized strategies to ensure everyone can access top-notch legal representation. Contact the Law Office of Brett A. Podolsky today to schedule your free consultation and start building your defense.