Legal Question in Sexual Harassment in Virginia
If a massage therapist is accused of sexual misconduct by a client, what does the client have to prove to win a judgment in Civil Court, and a conviction in Criminal Court?
1 Answer from Attorneys
A conviction in criminal court would involve the Commonwealth having to prove beyond reasonable doubt that the massager committed assault & battery, sexual battery, and/or some similar criminal act. (Until it's been clarified as to
exactly what the alleged sexual misconduct, i.e., the specific acts, consisted
of, it would be impossible to categorize the crime.)
The client could also sue civilly for assault & battery in civil court but
would only have to prove the case by a preponderance of the evidence, a much
lower evidentiary standard than the proof beyond reasonable doubt that
would be required in criminal court.