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Can You Have Sex with Someone You Outrank?

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Military Defense Counsel

Partner Alexandra Gonzбlez-Waddington, has fought for countless American Service members charged with rape and has tenaciously worked on some of the most serious war crime cases from the Iraq and Afghanistan conflicts. Alexandra co-authored three of the best criminal trial guides on cross-examination, Pattern Cross-Examination for Sexual Assault Cases: A Trial Strategy & Resource Guide, Pattern Cross-Examination for DNA and Biological Evidence, and Pattern Cross-Examination of Expert Witnesses, published by NACDL.  These trial books are used by criminal defense practitioners worldwide and worldwide. She was one of the first defense attorneys to serve as a Public Defender for the Augusta Judicial Circuit.

Our law firm’s other founding attorney, Michael Waddington, graduated from Temple Law in Philadelphia, PA and is a current member of the American Board of Criminal Lawyers, one of the most prestigious legal organizations made up of some of the top criminal defense lawyers in the USA. In addition, a few of his cases were made into documentary films, such as, “The Kill Team.” He also commonly teaches military and civilian counsel on closings. Our unstoppable defense counsel will use our experience to fight your court-martial or ADSEP cases.

Below is a transcript from the YouTube video: Can You Have Sex with Someone You Outrank in the Military?

We’ve been seeing a lot of sexual assault cases where the prosecution cannot prove force. They’re having trouble proving that the person is intoxicated. They’re having trouble proving that the alleged victim was in fear of bodily harm. So they’ve been relying on this new strategy. And it’s been getting convictions.

In some cases, the prosecution will claim that the victim was instead afraid of this person because of rank, and I’ve seen him even do it in the case where it was an E-6, my client was an E-6, and the alleged victim was an O-5.

And they had a long affair, in their theory at trial, because he was an e6, and she was any five, he had a little bit of rank on her. And then instead of just saying, I had an affair with this guy, and he dumped me, the alleged victim went on to claim that because of that rank, and because he had a lot of friends who were senior NCO, she felt that she had to go into that sexual relationship.

I’ve seen these cases go all the way to court. And it gets worse. When the accused outranks the alleged victim by more rank than one rank. Some of these alleged victims will go to great lengths to embellish how they’re so terrified of that person’s rank. And sometimes the juries will buy it, get someone on board in your case and knows what they’re doing that knows how to handle these situations, because they’re getting more and more challenging to handle. The prosecutors and the special victim councils are getting more and more skilled at preparing and coaching their victims.

Sexual Harassment In The Workplace

Following the Commission on Equal Opportunities at Work (EEOC) findings, the EEOC has selected a working group to investigate workplace harassment and identify the steps employers need to take to prevent it. In addition, a Guide for Advocates (PDF, 16 pages) and Use of the Sexual Violence Spectrum for Prevention (Davis, Parks & Cohen, 2006) and a Guide for Employers (PDF-16 pages) provide information on the relationship between sexual harassment, abuse and assault at work and possible prevention strategies.

Through research and best practices, we can create a healthy workplace culture and environment that promotes the safety and well-being of all employees. Below are resources for employers and the people who work to prevent sexual harassment in the workplace. In addition, your employer should train employees, managers, and agents in sexual harassment in the workplace and handle reports of sexual harassment.

If your employer in California, for example, has a written harassment policy, make sure it exists and get a copy. Sexual harassment in the workplace, such as unwanted kissing or touching breasts, genitals, slaps in the face, rape or other forms of sexual assault, solicitation of sexual favors, sexually explicit comments, unsolicited massages, suggestive gestures, catcalls, ogling or ogling in corners or confined spaces. From management to hourly employees, employees in all positions should be aware of what constitutes harassment in the workplace, avoid unsolicited comments, behaviors, or behaviors related to gender, sexual orientation, and report them when it occurs.

Unsolicited sexual advances, solicitations for sexual favors, and other verbal or physical behaviors of sexual nature that negatively affect an individual’s employment raise the level of sexual harassment when they affect an individual’s work performance or create hostile or abusive work environment. Under federal law, it is unlawful to harass a person, an applicant, or an employee just because they have sex. Sexual harassment is illegal because submission to sexual harassment is an explicit or implicit prerequisite for employment and because employees and applicants can be discriminated against or punished for their response to it.

Other acts such as religion, race, age, gender, or color can also be considered harassment if they impair an employee’s success by creating a hostile work environment. If a person’s behavior creates a hostile work environment that makes it difficult for an employee to work effectively or disrupts employee success, it is considered illegal harassment. A victim of bullying can be a supervisor, a representative of the employer, a supervisor in another area, an employee, or a non-employee.

The harasser may be your supervisor, a representative of the employer, a supervisor in another area, an employee, or a non-employee. Victim and perpetrator may have the same gender, sexual orientation, or gender identity. The harasser and the victim may be the victim’s superior, another supervisor or other supervisor in the area, or an employee who is not an employee, such as a customer or customer.

States have hotlines to complain if you are being sexually harassed. In Connecticut, you must complain with the Connecticut Commission on Human Rights and Opportunity (CHRO) within 180 days of your employer’s alleged discrimination of 15 or more workers. Still, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) in the United States within 240 days of the alleged act. The EEOC defines sexual harassment in the workplace as unwelcome sexual advances or behaviors of sexual nature that impair the exercise of the workplace or create an intimidating, hostile, or abusive workplace. Federal law requires sexual harassment complaints to be filed with the EEOC within 300 days, but agency rules remind employees to file their complaints sooner than 240 days.

In general, an employer can avoid liability for sexual harassment by demonstrating that it has taken immediate and appropriate action to correct the harassment of an employee or by failing to make use of preventive and corrective measures by the employer, such as internal complaint procedures for discrimination claims. To file a complaint, you must be able to prove that your employer has attempted to correct harassing behavior and that the employee responsible for the harassment has refused to stop and refrain. If the compensation for a hostile work environment or harassment is proven, the employer is liable.

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For example, the Vermont Attorney General’s Office requires employers to provide sexual harassment prevention and training programs for all employees every three years unless the attorney general determines that training is necessary to ensure that their workplace is free of sexual harassment after an inspection. Employers must offer sexual harassment prevention training to new employees within one year of employment in workplaces with 15 or more employees. Employers are not liable for sexual harassment claims from present or former employees or applicants based on claims that they have not received the necessary instruction for preventing sexual harassment.

Sexual Harassment is a Violation of Federal Law

Federal law protects individuals from gender discrimination and makes it illegal for employers to discriminate against them in employment conditions, promotions, advancements, and other employment opportunities based on their gender. The 1964 Civil Rights Act applies to all employers with 15 or more employees, employment agencies, and most unions. Some states have harassment laws that apply to more employers than the law against other types of discrimination. Some harassment laws apply to employers with fewer employees than laws against these different types of discrimination.

An employer’s defense against liability is that the employer took reasonable care to prevent harassment, (2) took immediate corrective measures to stop it, and (3) was made aware of the employee who refused to avail himself of disciplinary action.

References

https://uwc.211ct.org/sexual-harassment-in-the-workplace/

https://www.eeoc.gov/sexual-harassment

https://www.ncsl.org/research/labor-and-employment/sexual-harassment-in-the-workplace.aspx

https://twc.texas.gov/jobseekers/sex-discrimination

https://www.equalrights.org/issue/economic-workplace-equality/sexual-harassment/

https://www.osbar.org/public/legalinfo/1104_WorkplaceSexualHarassment.htm

https://www.nolo.com/legal-encyclopedia/what-kinds-of-behaviors-are-considered-sexual-harassment.html

https://www.findlaw.com/employment/employment-discrimination/sexual-harassment-at-work.html

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