In this article we will discuss sexual harassment and sexual assault in the workplace. We will explain the difference between these two types of employment violations and how an employment attorney in San Francisco can help you file a lawsuit.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642 or request your free consultation here. 24/7 in English and Spanish — completely confidential.
Sexual Harassment vs. Sexual Assault: The Core Distinction
Sexual harassment is a broad term that includes many types of unwanted verbal and physical sexual attention. Sexual assault refers to sexual contact or behavior — often physical — that occurs without the victim’s consent.
The main difference between sexual assault and sexual harassment lies in the nature and severity of the actions. Sexual assault refers to an act in which the perpetrator intentionally touches someone without their consent, and includes serious offenses such as rape, attempted rape, or unwanted sexual touching. These acts are typically physical and can be severely penalized under the law.
Sexual harassment, on the other hand, encompasses any unwanted gesture or action of a sexual nature. This can include unwanted sexual comments, sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or intimidating work environment. Unlike sexual assault, sexual harassment does not require direct physical contact and can occur in a variety of social and professional contexts.
Understanding the Key Distinctions
Nature of the misconduct: Sexual assault is characterized primarily by physical sexual acts performed without consent, ranging from unwanted touching to rape. Sexual harassment includes a broader spectrum of inappropriate behaviors that may be verbal, non-verbal, or physical — but are generally less physically invasive than sexual assault. This can involve unwanted sexual advances, requests for sexual favors, and other conduct of a sexual nature that affects a person’s work environment or creates a hostile atmosphere.
Where it occurs: It is a common misconception that sexual harassment occurs exclusively in the workplace. In reality, both sexual assault and sexual harassment can take place in various settings beyond the professional environment, including schools, public spaces, and online platforms. They can happen to individuals regardless of age, gender, or background.
Legal rights and remedies: The paths to legal action differ significantly between sexual assault and sexual harassment. For sexual assault, criminal charges are typically pursued, potentially resulting in imprisonment for the perpetrator. Sexual harassment — especially when it occurs in the workplace — most often leads to civil actions seeking remedies such as monetary compensation or orders to stop the harmful behavior. The specific legal options available depend on the jurisdiction where the incident occurred.
Examples of Sexual Assault in the Workplace
Sexual assault refers to sexual behavior or contact that occurs without the victim’s explicit consent. Common examples include rape and attempted rape, coercing a victim into performing sexual acts, and unwanted sexual touching.
Examples of Sexual Harassment in the Workplace
Sexual harassment generally refers to unwanted sexual actions, comments, or gestures that make someone feel uncomfortable, embarrassed, humiliated, or afraid. Examples include:
- Repeated unwanted requests for dates or sexual favors
- Insults directed at a person based on their sexuality or gender identity
- Lewd or degrading comments about someone’s appearance, sexuality, sex life, or body
- Sexual jokes or comments about gender identity
- Leering, staring, or sexual gestures
- Exhibitionism
- Receiving unsolicited explicit images or videos
Sexual harassment frequently occurs in the workplace, but it can happen anywhere. If you have concerns about your rights after workplace sexual abuse or assault, or if you fear retaliation, consult with our attorneys. Your consultation is free and 100% confidential. Your employer and your harasser do not need to know you are in contact with us. Call 1-888-442-2642.
Criminal vs. Civil: How California Law Treats Each
In California, sexual assault is always considered a criminal offense. Generally, it is prosecuted as a criminal matter, and victims initiate criminal proceedings by filing a police report.
You can also file a civil lawsuit against an individual and/or institution for sexual assault. Filing a civil lawsuit allows a victim to seek monetary compensation (damages) for the harm suffered.
Sexual harassment, by contrast, may or may not be considered a criminal offense depending on the specific conduct involved. In most cases, sexual harassment in the workplace is handled under federal or California civil rights law — meaning you would file a lawsuit against the individual or institution (such as the employer that allowed the perpetrator to act).
Importantly, the civil lawsuit and any criminal proceedings are completely independent. You can pursue civil compensation regardless of whether the District Attorney decides to prosecute criminally.
Statutes of Limitations for Workplace Sexual Assault in California
The Sexual Abuse and Cover Up Accountability Act, effective January 1, 2023, established a three-year “lookback window” through December 31, 2026. This window allows victims of workplace sexual assault to file civil lawsuits for assaults that would otherwise be outside the standard legal deadline.
Critically, this legislation allows victims to sue not only the direct perpetrators but also third parties such as institutions, employers, or companies — particularly in cases where a “cover-up” exists. A cover-up is defined as any coordinated effort to conceal evidence of the sexual assault.
Additionally, the law expands the scope to include wrongful termination and sexual harassment claims that arise as a consequence of the sexual assault. This extension of deadlines in California demonstrates strong support for workplace sexual assault victims, giving them more time to pursue justice.
For sexual harassment under FEHA, the deadline is 3 years from the most recent act (extended from 1 year under AB 9 in 2019). For civil sexual assault lawsuits, up to 10 years from the assault under the Civil Code. For victims who were minors, the deadlines are even longer.
What to Do After Workplace Sexual Abuse or Assault
It is vital that those affected by these situations seek legal guidance from an employment attorney as soon as possible. Attorney Arlo Uriarte at Liberation Law Group offers specialized counsel in workplace sexual abuse and assault cases. If you or a family member or friend has been or is being abused at work, schedule a free appointment with our employment attorneys as quickly as possible so we can evaluate your case. Call 1-888-442-2642 — we guarantee you will speak with an attorney.
We represent victims of workplace sexual harassment and assault throughout the Bay Area, including San Francisco, Marin, Solano, Sonoma, San Mateo, Santa Clara, Alameda, Contra Costa, Napa, Santa Cruz, and Monterey counties. You do not have to face sexual abuse or assault alone — with our attorneys by your side, you will find justice and protect your rights and your job.
Where We Serve in Northern California
We represent victims of workplace sexual harassment and assault throughout Northern California: San Francisco, Sonoma County, Marin County, Napa County, Watsonville, Monterey County, and the entire region. We handle all cases with absolute confidentiality.
Do you have questions about your case?
Attorney Arlo Uriarte can evaluate your situation — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions
What is the most important legal difference between workplace sexual harassment and sexual assault?
Sexual harassment is a civil employment rights violation — it creates employer liability under California’s FEHA and allows you to recover civil compensation. Sexual assault is additionally a criminal offense — the perpetrator can be criminally prosecuted by the District Attorney. For your civil compensation lawsuit, the two are independent: you can file your civil case regardless of what the District Attorney decides on the criminal side. Learn more about the difference between sexual harassment and sexual assault. Call 1-888-442-2642.
Can a single incident constitute sexual harassment?
Yes — if the incident is sufficiently serious. The law does not require harassment to be repeated to be illegal. A single act of unwanted physical sexual contact, a sexual assault, or a serious sexual threat can be enough to establish a sexual harassment case under FEHA. For verbal harassment or hostile environment cases, you generally need to show a pattern of conduct that is sufficiently severe or pervasive. An attorney can evaluate whether your specific situation meets the legal standard. Call 1-888-442-2642.
Do I need to report the assault to the police before filing a civil lawsuit?
No. The criminal complaint and the civil lawsuit are completely independent. You can file a civil lawsuit for workplace sexual assault without having reported the incident to the police, and without the District Attorney deciding to criminally prosecute the perpetrator. Many victims of workplace sexual assault choose not to file a police report for various reasons — fear, trauma, concerns about the process — and that does not affect their right to a civil lawsuit. However, if you plan to file a criminal complaint, it is important to coordinate with your employment attorney to make sure the two processes work together. Call 1-888-442-2642.
Can it be sexual harassment if the harasser claims it was a joke?
Yes. California law evaluates sexual harassment from the perspective of a “reasonable person” — if a reasonable person in the victim’s position would have found the conduct offensive or intimidating, the harasser’s intent does not eliminate the illegal nature of the conduct. “It was a joke” is one of the most common defenses in sexual harassment cases — and one of the least effective. The law protects victims of objectively offensive conduct, not only conduct with declared malicious intent. Call 1-888-442-2642.
Can sexual harassment occur between people of the same gender?
Yes. Sexual harassment does not require a gender difference between the harasser and the victim. A man can sexually harass another man, and a woman can harass another woman. What matters under the law is the sexual nature of the conduct and whether it was unwanted — not the gender of the people involved. California prohibits sexual harassment regardless of the gender or sexual orientation of the parties. Call 1-888-442-2642.
How long do I have to sue for workplace sexual harassment or assault?
For sexual harassment under FEHA: 3 years from the most recent act. For civil sexual assault lawsuits: up to 10 years from the assault under the Civil Code. For victims who were minors at the time, the deadlines are even longer. AB 9 (2019) extended the FEHA deadline from 1 year to 3 years. Consult with an attorney soon — even if you believe your deadline may have passed, there may be options available. Call 1-888-442-2642.
What can a victim of sexual harassment or assault recover?
Lost wages if you left your job or were terminated. Emotional distress damages — anxiety, depression, PTSD — with no cap under California’s FEHA. Psychological and medical treatment costs. Punitive damages in cases of particularly serious conduct. Attorney’s fees paid by the employer in successful cases. The combination of uncapped emotional distress damages and the possibility of punitive damages makes these cases potentially very significant in California. Free evaluation at 1-888-442-2642.
Does Liberation Law Group handle sexual harassment and assault cases with confidentiality?
Absolutely. Attorney-client privilege protects everything you share with us. We do not share information with any government agency or third parties. If you are an undocumented worker, your status is not shared either. We handle every case with the sensitivity it deserves. Call 1-888-442-2642.
Related articles:
When does workplace sexual harassment become a criminal offense?
Extension of the statute of limitations for workplace sexual assaults
How to file a sexual offense lawsuit at work when the deadline has passed
Liberation Law Group — Employment Attorneys for Workers, 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
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