Legal Question in Sexual Harassment in New York
Harrasment?
My son is 18 years old and he met this girl who is 15 when she was hanging out with my son's brothers. They started talking on the phone and then she started to showed up when I was not at home (I work at night). One day, I came home early and found her and prohibited her to come to my house unless I am present because my children were three boys age:15, 17, 18 and she is only 15 and I did not want any problems.
Later, the father found out and he started threatening my oldest son. We spoke with him and told him how everything was and for sometime there was no problem. My oldest son promised not to contact her and she did the same. Except that she never stoped calling. Today, we found out that they were still comunicating with each other after the first incident. My son says that he did not even touch her or even kiss her but she never stopped calling him. The father of the girl wants to put a sexual harrasment claim against him. I am alone with my three children and I really do not know what I have to do. Please advise.
2 Answers from Attorneys
Re: Harrasment?
The father has no case unless the 15 year old is willing to lie and say that there was sexual contact between she and your older child. Even then She would have had to been under the age of 15 at the time of the sexual contact. There needs to be a 4 year difference in the ages and she must be under 15 and he at least 18.
It seems the better course of conduct here is to work with some counseling for your son and the girl. Find out why someone so much younger than he is a potential sexual contact for him. Speak to a counselor who focuses on teenagers.
Often in cases where there are older boys and much younger girls there are issues of control and issues of self esteem that cause the initial attraction, which in about three more years will not be an issue. 21 and 18 is significantly different from 18 and 15.
If there should be a complaint to the police, PLEASE Warn your boys NOT TO SPEAK to the police without a lawyer being present under ANY circumstances. In fact it would be a good idea if they had a number of a good lawyer on them should there be a police encounter.
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Good Luck.
Re: Harrasment?
Sexual harassment must occur workplace, in the context of employment, and therefore what you describe does not qualify.
If a claim was made by the girl, more likely it would be a statutory rape charge.
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