Sexual harassment often involves battery. The elements of battery include harmful or offensive touches to a reasonable person, without consent. Battery becomes sexual battery if intimate bodily organs are touched such as genitals, buttocks, or breasts. Below is a sample jury instruction from one of our firm’s sexual harassment jury trials.
If you have questions whether workplace conduct may constitute battery, or sexual battery contact our experienced workplace sexual harassment lawyers at 1-877-525-0700
1301. Assault – Essential Factual Elements
Marina Chavez claims that Richard Ramirez committed a battery. To establish this claim, Marina Chavez must prove all of the following:
That Richard Ramirez touched Marina Chavez or caused Marina Chavez to be touched with the intent to harm or offend her;
That Marina Chavez did not consent to the touching; and
That Marina Chavez was harmed or offended by Richard Ramirez’s conduct; and
That a reasonable person in Marina Chavez’s situation would have been offended by the touching.
1302. Consent Explained
A plaintiff may express consent by words or acts that are reasonably understood by another person as consent.
A plaintiff may also express consent by silence or inaction if a reasonable person would understand that the silence or inaction intended to indicate consent.
Being touched without one’s consent is not fun. Physical injury or emotional distress may follow. It is important to consult the right workplace lawyers about unwanted touching at work. There are fine lines between which kinds of conduct can be sued for in civil court versus the workers compensation arena. Our workplace lawyers know these differences.
CALL 1-877-525-0700 if you experienced emotional or physical harm because you were touched at work