Legal Question in Sexual Harassment in California
Hello. Three months ago, one of my male friends had touched my waist without asking for my consent beforehand. I glared at him (while smiling in order to not look as frustrated in front of him) and pushed his arm away. I expressed my discomfort to him and stated that I did not want him touching specific areas of my body, including my waist) again.
A few days ago, he touched my waist again without asking for my consent, but I was unable to push him away due to shock. I have experienced disturbances in my sleep and eating cycles as well as emotional distress since that recent incident. I expressed my discomfort to him, and he tried to explain that he was not intending to sexually assault me. No matter his intentions, I felt violated and invalidated because my boundaries (that I had laid out in social media messages sent to him) were violated. I intend on seeking therapy when I start my new full-time job soon for my emotional distress.
My questions are: If unwanted touching is included as an example of sexual harassment, would my experiences count as sexual harassment? If so, what are my legal options?
Please respond at your earliest convenience. Thank you.
2 Answers from Attorneys
No. Sexual Harassment Law is a branch of Employment Law. I it didn't happen between co-workers in the workplace it is not legally sexual harassment.
Your 'legal options' are to put it behind you and move on with your life, or, dwell and obseess on it and spend time and money pursuing 'claims' against that person.
While generally speaking, sexual harassment is a workplace issue, and even your allegations of touching might justify a complaint.
However, it could theoretically also raise criminal or civil liability for sexual assault if police, DA and a judge or jury would consider it it serious, aggressive, violent enough that a 'normal' reasonable victim would feel seriously damaged physically or psychologically.
However, you describe a very minor touching, explained and apologized for, that would or should not cause 'extreme emotional distress' nor reactions of 'violated and invalidated', nor result in need for 'therapy'. The impression you give is one, not of discomfort others might feel in that situation, but of unreasonable 'extreme overreaction' by a 'fragile personality'. If that was not your intent, you could consult with an attorney experienced in the field for his opinion and recommendations.
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