Facing Quid Pro Quo Sexual Harassment Charges in New York?

Quid Pro Quo Sexual Harassment Charges

Quid pro quo sexual harassment occurs when an individual conditions sexual intimacy or sexual contact on another person typically by holding power over them. This may come in the form of a promotion (employee/employer relationship), money (one party is wealthier than the other), or some sort of other control dynamic. 

In turn, the sexual contact may start out as consensual but become non-consensual when the lesser party feels as if they need to give into an unwanted touching or an unwanted sexual relationship in order to “benefit” in their part of the quid pro quo relationship.

How We Fight Quid Pro Quo Sexual Harassment Charges in New York

In one sense, quid pro quo cases are defended similar to other sexual harassment cases – whether it be charged as harassment (Penal Law 240.26), aggravated harassment (Penal Law 240.30), stalking (Penal Law 120.45), or sexual assault/rape (Penal Law 130.00, 130.25). This includes sifting through the facts, writing strong suppression motions to preclude certain evidence, and putting forth mitigating information.

On the other hand, a quid pro quo based sexual harassment case requires an even more thorough defense investigation. In these cases, it is of the utmost importance to build an investigation which looks into the history of the relationship between the parties including any and all communications through a forensic download. Doing so could reveal exculpatory information which will play favorably during court proceedings.

Possible Sentencing & Penalties in New York

The criminal penalties and sentences as it pertains to quid pro quo sexual harassment cases will vary depending on the precise charges. Violations and misdemeanors can and should result in zero jail time if defended correctly, while felony convictions may include prison and sex-offender registry requirements (SORA) depending on the severity.

Importantly, quid pro quo cases will likely have significant collateral consequences as well - this could mean termination from a job, a civil lawsuit, or public backlash if the defendant is a high-profile figure. For the latter, it is crucial that your defense lawyer is well-versed not only in the criminal court but also with the media.

Examples and Related Cases

Our office has represented individuals on both sides of quid pro quo claims. We have defended employers who are accused of exploiting a sexual relationship to withhold or grant certain promotions.

On the other end, we have represented, from a victim’s standpoint, those who has been exploited and who have ultimately been forced into a non-consensual sexual relationship or exposed to forcible touching because of this complex relationship.

Your Defense Begins Today

If you are facing a sexual harassment or sexual assault case which stems from a quid pro quo relationship (workplace or otherwise), it is a necessity to have an aggressive and creative defense lawyer as early as possible. Initial steps, such as a thorough defense investigation, may make all the difference down the line. Contact The Law Offices of Jason Goldman today.