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Does Consent Matter in Oakland Sexual Harassment Lawsuits?


— January 3, 2022

First of all, it’s important to note that quid pro quo sexual harassment is always illegal, regardless of whether you consented or not.


As a victim of sexual harassment, you may have consented to inappropriate behavior for many years before you finally realized that this behavior was wrong. Often, sexual harassment is normalized to the point where workers become completely desensitized to it. After realizing that you were being sexually harassed all this time, you might be wondering whether you can still take legal action. Does the fact that you consented to this treatment mean that you can no longer sue your employer?

In order to address this issue in a clear, effective manner, it’s probably best to get in touch with a qualified, experienced sexual harassment attorney in California. These legal professionals specialize in civil rights, employment law, and many other relevant practice areas. During an initial consultation, your attorney can assess your unique situation and determine the best course of action. Based on their recommendations, you can then move forward with a lawsuit and hold your employer accountable for their misconduct. Often, this results in a considerable financial settlement to compensate you for everything you’ve been forced to endure. 

Quid Pro Quo Sexual Harassment and Consent

First of all, it’s important to note that quid pro quo sexual harassment is always illegal, regardless of whether you consented or not. This is when someone in a position of power over another employee abuses their influence. 

For example, you may have consented to sex acts with your boss because you believed that this would benefit your career in some way. Perhaps your boss promised you a promotion if you accepted their sexual advances. Maybe your supervisor threatened to fire you if you didn’t sleep with them. 

Whatever the case may be, consent becomes a moot point with quid pro quo sexual harassment. Even if you willingly engaged in a relationship with them and showed no signs of resisting or protesting, you can still sue your employer. 

Consent and Other Types of Sexual Harassment

Silhouette image of man touching his head; image by Smit Patel, via Unsplash.com.
Image by Smit Patel, via Unsplash.com.

Sexual harassment can take many other forms, and it can be something as simple as a squeezed shoulder or thigh. So what if you consented to being touched in this way? In this situation, consent may play a more central role in your lawsuit, especially if you have consented to this touching for years. Generally speaking, these acts only become illegal when you clearly state that you are not comfortable with them. If you do not report these acts and make it clear that you don’t want to be touched, it may be difficult to take legal action at a later date. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Oakland area for a qualified, experienced sexual harassment attorney, you should know that you’re not alone in this fight. Numerous legal professionals are ready and waiting to assist you and guide you towards justice. As you can see, consenting to sexual harassment doesn’t make it any less illegal. Employers who have engaged in this misconduct must be held accountable, and you have every right to take legal action. Book your consultation with a qualified attorney today and explore your legal options. 

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