Are Sexual Advances Considered Harassment?
When someone slips and falls on liquid spilled on the floor of a department store, their first inclination may be to sue the store. But that lawsuit will not stand if it can be proven that the spill had just happened and the store did not have time to respond. The victim assumed that the store was liable, but that assumption could be wrong.
When discussing sexual harassment as it applies to sexual advances, a similar argument regarding intent is important. It is very easy to misinterpret a statement someone makes or misunderstand their intentions. Once it is confirmed that there has been a sexual advance, the aggressor should be informed that the advance is unwanted. An aggressor’s response to an unwanted sexual advance is where sexual harassment may come into play.
Unwanted Sexual Advance
A person making a non-threatening sexual advance may have no idea that the advance is unwanted until the recipient tells them. That means that the initial act of making a non-threatening and non-physical sexual advance may not necessarily be considered harassment.
However, if the recipient informs the aggressor that their advances are unwanted and the aggressor persists, then this can become sexual harassment.
It can also be said that aggressive initial sexual advances that assume consent are a form of sexual harassment. If the advances become physical, then the situation could change to sexual assault.
Harassment Versus Assault
When someone persists in making unwelcome non-threatening and non-physical sexual advances. This can be considered sexual harassment. If those advances start to become threatening or belligerent, may then be considered sexual assault.
If unwanted sexual advances start to include physical contact, then the situation can certainly be elevated to sexual assault. Even if the aggressor considers their actions to be harmless, unwanted physical contact with the intent of making a sexual advance is usually considered sexual assault.
There are many different laws in place to protect people from unwanted sexual advances. A misunderstanding during a conversation is often not considered sexual harassment. But a blatant disregard for the an individual’s rights and safety during a conversation can turn into a sexual harassment situation very quickly.
If you are dealing with a sexual harassment situation that involves persistent, unwanted sexual advances, then contact our team of professional attorneys to discuss your options and find out what you can do to preserve your rights.
When someone slips and falls on liquid spilled on the floor of a department store, their first inclination may be to sue the store. But that lawsuit will not stand if it can be proven that the spill had just happened and the store did not have time to respond. The victim assumed that the store was liable, but that assumption could be wrong.
When discussing sexual harassment as it applies to sexual advances, a similar argument regarding intent is important. It is very easy to misinterpret a statement someone makes or misunderstand their intentions. Once it is confirmed that there has been a sexual advance, the aggressor should be informed that the advance is unwanted. An aggressor’s response to an unwanted sexual advance is where sexual harassment may come into play.
Unwanted Sexual Advance
A person making a non-threatening sexual advance may have no idea that the advance is unwanted until the recipient tells them. That means that the initial act of making a non-threatening and non-physical sexual advance may not necessarily be considered harassment.
However, if the recipient informs the aggressor that their advances are unwanted and the aggressor persists, then this can become sexual harassment.
It can also be said that aggressive initial sexual advances that assume consent are a form of sexual harassment. If the advances become physical, then the situation could change to sexual assault.
Harassment Versus Assault
When someone persists in making unwelcome non-threatening and non-physical sexual advances. This can be considered sexual harassment. If those advances start to become threatening or belligerent, may then be considered sexual assault.
If unwanted sexual advances start to include physical contact, then the situation can certainly be elevated to sexual assault. Even if the aggressor considers their actions to be harmless, unwanted physical contact with the intent of making a sexual advance is usually considered sexual assault.
There are many different laws in place to protect people from unwanted sexual advances. A misunderstanding during a conversation is often not considered sexual harassment. But a blatant disregard for the an individual’s rights and safety during a conversation can turn into a sexual harassment situation very quickly.
If you are dealing with a sexual harassment situation that involves persistent, unwanted sexual advances, then contact our team of professional sexual harassment attorneys to discuss your options and find out what you can do to preserve your rights.