Sexual Harassment and Sexual Assault in Nevada are Both Punishable Offenses
Sexual harassment and sexual assault in Nevada are both considered unwanted, uninvited sexual behavior. Both actions are personal violations against another person that can physically, emotionally, and psychologically harm them. Sexual harassment and sexual assault can be a one-time incident or can occur over time with multiple incidents. These criminal offenses are gender neutral and normally happen between people who know each other.
The similarities between sexual harassment and sexual assault in Nevada end there. Nevada law defines sexual harassment and sexual assault very explicitly. There are differing amounts of jail/prison time and fines associated with both.
What is Sexual Harassment in Nevada?
Sexual harassment in Nevada is a form of discrimination and can also be a crime. Sexual harassment violates US law under Title VII of the Civil Rights Act of 1964. Examples are unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature.
Sexual harassment as discrimination at work is not a violation of the criminal law under many circumstances and the police will not immediately get involved. Instead, the Equal Employment Opportunity Commission (EEOC) will launch an investigation if the company has more than fifteen employees. A complaint must be filed as soon as the incident occurs. The EEOC must launch an investigation before the case can be filed in federal court.
The EEOC defines sexual harassment as either “quid pro quo” behavior or a hostile workplace. Quid pro quo in this context occurs when something is given in return for a sexual favor. This can be a promotion, for example. It can also occur when an employee rejects a boss’ sexual advances and is fired or demoted. A hostile workplace occurs when unwelcome verbal or physical conduct unreasonably interferes with the victim’s ability to do their job or creates an offensive or intimidating job environment. Harassers have been terminated, fined, and even banned as a result of EEOC investigations.
In the state of Nevada, the victim is not always the person being harassed but can be anyone affected by the workplace. Some sexual harassment claims have arisen from complaints against casino clients.
Criminal Sexual Harassment and the Penalties
Sexual harassment can be charged as a crime in Nevada for peeping while in possession of a recording device (NRS 200.603) and if convicted, carries a sentence of up to a year in jail and $2,000 in fines. Stalking (NRS 200.575) also can be a form of a sexual harassment crime and, if convicted as a first offense, carries a sentence of up to 6 months in jail and/or $1,000 in fines. Harassing someone with threats (NRS 200.571) can be another form of criminal sexual harassment. If convicted as a first offense, a person can be sentenced up to 6 months in jail and/or $1,000 in fines.
What is Sexual Assault in Nevada?
NRS 200.366 states that sexual assault is engaging in penetrative sexual intercourse with someone, or forcing another person to penetrate someone, who does not consent or is incapable of consenting. The police are immediately notified after an incident has been reported. The State of Nevada prosecutes sexual assault as a Category A felony and, if convicted, a person can serve up to a life sentence in Nevada State Prison and have lifetime registration as a sexual offender. The minimum time to even reach the Parole Board is 10 years in a case involving an adult victim.
Sexual assault includes rape, sodomy, or other unwanted sexual penetration that is aggravated, abusive, and not consensual. The attempt to commit any of these acts is also punishable with up to 20 years in Nevada State Prison.
Jesse Kalter is Ready to Defend Your Freedom from Criminal Sexual Harassment or Sexual Assault Allegations
Sexual assault allegations are taken very seriously in Nevada. Prosecutors push for maximum penalties to ensure victims can feel safe knowing their attackers are behind bars. Fighting against these allegations takes the knowledge of an experienced sexual assault lawyer. Jesse Kalter has been representing the people of Northern Nevada accused of sexual assault allegations for more than fifteen years. He has a proven track record of earning clients “not-guilty” verdicts or having the cases completely dismissed. He is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.
Sexual Assault in Nevada is a Serious Criminal Charge Requiring a Serious Defense
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