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What to Do When Sexual Harassment Becomes Criminal

November 12, 2018 By Larry Schaefer

By Lawrence P. Schaefer |

Employment Discrimination Attorney Minneapolis - Pregnancy Discrimination Lawyer Workplace sexual harassment claims are usually prosecuted as “civil” claims, generally under applicable federal (Title VII) or state (MHRA) laws in Minnesota. The broad range of conduct that can be considered sexual harassment, however, includes conduct that can give rise to a criminal complaint, and every experienced advocate in this field needs to understand that these claims can and should be pursued along with any civil claim. Doing so can often significantly strengthen your client’s ability to establish civil liability and secure maximum relief.

What Workplace Sexual Harassment Conduct Can Be Considered Criminal

Sexual assault and/or battery is a crime and Minnesota law defines five degrees of such criminal acts, with consequences ranging from misdemeanor to felony penalties, with escalating prison time. Assault, as distinguished from battery, is conduct that threatens physical harm, while battery is the act of causing physical harm itself. Minnesota also criminalizes “terroristic threats,” which involve threatening to commit a crime of violence with then intent to terrorize another. Rape is obviously also criminal, and under Minnesota law is defined as “criminal sexual conduct,” with five degrees defined (similar to assault and battery). This can include not only “first degree” conduct which involves forced vaginal, anal or oral penetration (which carries with it a criminal sentence of 12-30 years), but can include improper sexual touching.

Should an Attorney Pursue Both Criminal and Civil Claims When Appropriate?

In circumstances where the conduct at issue could implicate the above criminal laws, you should assist your client in making the appropriate report to law enforcement, which can then result in a criminal investigation and potential indictment and prosecution. This, however, is up to local law enforcement and the prosecuting attorneys (usually in the district attorney’s office), and your ability to influence these decisions is minimal, apart from encouraging your client to “press charges.” When, however, an investigation, indictment, and prosecution occurs, this can have a number of positive effects on pursuing a civil claim (which can and should occur down a simultaneous parallel path).

  1. It bolsters your client’s credibility, and emphasizes the gravity of the conduct at issue and the harm caused by this conduct.
  2. The criminal matter will almost certainly proceed more quickly than any civil complaint, and the findings (and testimony) in that matter can be very helpful to establishing civil liability. A guilty plea or conviction, for instance, should be admissible in a civil matter and will often, standing alone, establish civil liability. Moreover, testimony and reports/investigative interviews, can be very helpful when covering the same or similar ground in the civil case.
  3. While the criminal matter cannot be a part of any civil settlement (and ethical restriction prohibit any attempt by counsel to “leverage” this process for any benefit in the civil case), it can sometimes be very beneficial to providing incentive to resolve the civil matter case promptly and on favorable terms.

Schaefer Halleen, sexual harassment lawyer Minneapolis  can assist any individual subject to workplace sexual harassment that could involve criminal conduct in navigating through the process of proceeding down simultaneous civil and criminal paths. We are always committed, first and foremost, to ensuring that our clients are empowered to raise claims through every appropriate avenue, and seek full justice in both civil and criminal courts.

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Filed Under: All Blog Posts, Lawrence P. Schaefer, Sexual Harassment

Larry Schaefer

About Larry Schaefer

Lawrence P. Schaefer has earned the respect of judges and other lawyers for his thorough and aggressive client advocacy in negotiation and litigation. He focuses exclusively on representing people who have been subject to employment discrimination at work. Larry serves as the firm’s President and head of litigation. Read more >

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Schaefer Halleen, LLC is located at:
412 S 4th St Suite 1050Minneapolis,MN55415
Phone:612-294-2600Fax:612-294-2640Website:www.schaeferhalleen.com

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  • Being paid less than your male coworker? Here’s what to do. February 12, 2019
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Schaefer Halleen, LLC

Schaefer Halleen, LLC is located at:
412 S 4th St
Suite 1050
Minneapolis, MN 55415
Phone:612-294-2600
Fax:612-294-2640
www.schaeferhalleen.com

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Schaefer Halleen, LLC
Schaefer Halleen, LLC
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Joyce Jenkins
Joyce Jenkins
19:03 02 Jun 18
Larry has been a great resource for several years. His response time, quality of response and follow up are excellent. He has been flexible enough to answer an impromptu calI and get a response back within an hour. I recall talking to Larry early one morning when there was 8" of snow and most businesses were closed. He was the only one in the office to keep my appointment. I have recommended Larry to more than a dozen of my friends and colleagues and I feel very comfortable recommending him to anyone. Derek Jenkins
Bea Abdallah
Bea Abdallah
18:01 01 Jun 18
I strongly recommend this firm — so much so I once referred a colleague who they also helped. The firm is focused on their client’s specific issues, and unlike other attorneys I’ve worked with, they keep ongoing communication with you as the case advances. I am impressed with the professionalism and strong leadership from the staff, and deeply grateful for their good work.
Joanna Ramirez Barrett
Joanna Ramirez Barrett
16:54 01 Jun 18
I am grateful to Larry and his team. They did an excellent job of educating me about the legal process and keeping me updated on the status of my case. They had first hand knowledge about employment law in that they worked to get some of the legislation established.
Anne Dament
Anne Dament
18:52 01 Jun 18
Larry Schaefer is an incredible leader with an outstanding team of experts. They listen and care about their clients and work very hard on your behalf, educating you on your rights and guiding you through the process along the way. Everyone on the team is helpful and kind. 5 stars.
John Wichmann
John Wichmann
20:19 01 Jun 18
Larry and his team did an amazing job! They completed a task very smoothly and successfully that others said couldn't be done. I would hire him again in a heart beat.
Doc MoSho
Doc MoSho
19:40 02 Jul 18
They were attentive and responsive and dod a great job of diffusing the tension in a situation that could have been quite adversarial. They also did an excellent job of level setting before the process proceeded to far in an unrealistic direction. Great work.
Belle Godwin
Belle Godwin
05:33 23 Oct 18
If I could give 1.5 stars, I would. Whereas I'm confident that Larry is indeed a friend of those who have so praised him here, in so far as they are mostly (if not entirely) corporate-side clients, he is by no means a friend of the victim. He did little to no actual work for me other than to engage in some egocentric dance with the opposing counsel, whose approval and even admiration he seems to have endlessly sought over a number of years, and to parade a gigantic binder of paper in front of the other side and the mediator during discussions. I still have no idea what was in it, given that he could not seem to locate one single piece of relevant documentation within it and seemed far from familiar with any details of the relevant items, dates, or facts which had been provided to him. He twice during mediation snapped at me - his client, the victim - in a condescending and derisory manner and had to be stopped from semi-berating me at one point by his colleague, Jean Boler. So far up his own considerable backside is he that he actually thought I felt I had won that day; that I actually was pleased with his (entire lack of) performance. Jean knew better and sensed that he needed to walk quickly away. I didn't settle for that day's result because it was okay with me; I settled because I knew I could not leave my destiny in his hands and needed to take care of myself, as I always have. As a person, I like Jean a great deal more, but she likewise was not familiar with the case file and even seemed surprised when I said that everything had been provided for them chronologically AS THEY HAD REQUESTED, yet she had never accessed or looked at the file. I could go on and on and on, but hopefully anyone who has been a victim and who needs sincere, engaged, and meaningful help will get the point: this is not the firm for you. This is the McDonald's drive thru - the veritable ambulance chaser equivalent - of employee/victim legal representation. You can do better, so please do yourself a favor and look elsewhere.
Local Physician
Local Physician
14:18 31 Oct 18
I am a physician who recently hired Schaefer and Halleen to represent me in an employment discrimination case, my Atty was Jean Boler ESQ. They provided top-tier legal services to me for my case 2017 through my settlement in 1st qtr of 2018. This was excellent legal representation, specifically - very responsive, very prompt, extremely detailed and never off-putting. Absolutely would recommend without reservation!
annette miller
annette miller
00:40 07 Nov 18
I found the team to be professional, respectful and very well versed in employment law. I would recommend them to anyone looking for advice or expertise in this area.
Ricardo Vidal Gonzalez
Ricardo Vidal Gonzalez
18:49 12 Dec 18
I highly recommend the Schaefer Halleen law firm. Larry Schaefer was always available to answer any questions and his team was very professional. They work hard to get results and take the time to listen to the client’s goals.
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Recent Blog Posts

  • Being paid less than your male coworker? Here’s what to do. February 12, 2019
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