What Constitutes Sexual Harassment?
Sexual harassment in South Carolina includes quid pro quo and hostile work environment forms, mainly in workplace and employment law cases. While typically a civil issue, some conduct may also result in criminal charges. A Columbia sex crimes lawyer can assist if you are accused.
Sexual Harassment is Generally an Employment Matter
In South Carolina, sexual harassment is a form of unlawful sex discrimination in the workplace, mainly governed by Title VII of the Civil Rights Act of 1964 and the South Carolina Human Affairs Law. These laws prohibit sex-based employment discrimination, including harassment. Courts recognize two types:
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Quid Pro Quo Sexual Harassment: This occurs when a supervisor ties employment benefits; such as promotions, raises, or continued employment to acceptance of sexual advances.
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Hostile Work Environment Sexual Harassment: This arises when unwelcome sexual conduct is severe or pervasive enough to make the workplace abusive or intimidating.
Sexual Harassment is a Civil Offense in SC (But May Also Lead to a Criminal Charge)
Sexual harassment is typically addressed through civil law, especially workplace discrimination claims. However, if the behavior involves unwanted physical contact, coercion, or nonconsensual sexual acts, it may lead to criminal charges under South Carolina law. The most common charges are:
- Assault & Battery (Section 16-3-600): This statute criminalizes unlawful physical contact or attempts to cause harm. Severity determines the degree of charges (misdemeanor to felony). Unwanted sexual touching may fall under this law.
- Criminal Sexual Conduct (Sections 16-3-652 to 16-3-654): These statutes cover non-consensual sexual acts divided by degrees based on conduct factors such as force or lack of consent. Penalties can be severe, including long prison terms.
Call Our Columbia, SC, Sex Crimes Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our Columbia, SC, criminal defense lawyer has the knowledge, skills, and experience to defend against sex crime charges. If you are facing a charge, we can help. Contact us today to set up your strictly private initial case review.