San Antonio Sexual Harassment Defense Attorney Protects Your Rights
Determined representation when alleged misconduct leads to criminal charges
If you’ve been accused of sexual harassment, you may face job-related consequences as well as liability for damages. But some allegations of sexual harassment can also lead to criminal charges, putting you in jeopardy of fines and prison. In such a case, you need a proven criminal defense attorney. For decades, accused individuals have relied on Kevin L. Collins, P.C. for aggressive and capable defense representation. Mr. Collins is a board-certified criminal defense lawyer whose training, experience and performance have earned the respect of the San Antonio legal community. He will provide the highest level of advocacy available to safeguard your rights.
How can allegations of sexual harassment lead to criminal charges?
Sexual harassment is an unlawful form of employment discrimination that can take either of two forms:
- Quid pro quo — A superior makes unwanted sexual advances toward a worker and either rewards or punishes the worker for submitting to or rebuffing those overtures.
- Hostile work environment — The atmosphere at work is so pervasively charged with sexually themed talk or conduct that a reasonable person cannot be expected to do their job without taking offense.
An employee who brings allegations of sexual harassment must be able to prove either of these two scenarios by a preponderance of the evidence, meaning that it is more likely than not that the offending conduct happened.
Depending on the facts and the persuasiveness of the evidence, the accuser might be able to file criminal charges related to one of these sex crimes:
- Criminal harassment — There are several ways to commit this offense, but as it pertains to sexual harassment, any communication that contains an indecent proposal can violate the Texas statute. Communications via phone calls, text messages and other electronic communications are deemed “patently offensive” if they contain a description of or a solicitation to commit an ultimate sex act. You can also be charged with criminal harassment if you communicate repeatedly with the intent to annoy, abuse, harass, or embarrass the victim.
- Assault — If you make physical contact that you know is offensive to another person, you may be charged with assault.
- Sexual assault — This offense, also known as rape, means penetration of another person’s genitals, anus or mouth without their consent.
Often an alleged victim will threaten to file criminal charges to leverage a civil settlement. However, others may proceed straight to criminal court, knowing that if they lose, they can still bring a civil lawsuit.
Penalties for sex crimes in Texas
The charges that might arise from allegations of sexual harassment carry serious penalties, as follows:
- Criminal harassment — As a Class B misdemeanor, this offense can draw up to six months in jail and a fine of up to $2,000 for a first offense. Subsequent offenses are charged as Class A misdemeanors, punishable by a year in jail and a fine of up to $4,000.
- Assault — Intentional physical contact that another person finds offensive or provocative is a Class C misdemeanor, carrying a fine of up to $500.
- Sexual assault — This offense is a second-degree felony, calling for two to 20 years in prison, a fine of up to $10,000 and mandatory lifelong registration as a sex offender.
The accused person may have viable defenses, especially if the alleged victim indicated that the advances were not unwelcome or otherwise seemed to consent. Attorney Collins examines all the evidence to put forth the strongest defense to all charges.
Contact an effective criminal defense attorney in San Antonio for sexual harassment charges
Kevin L. Collins, P.C. provides aggressive defense to sexual harassment charges in San Antonio, Texas and vicinity. To schedule a consultation, call 210-598-8629 or contact us online.