A Complete Guide to Fighting a Sexual Misconduct Charge

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A sexual misconduct charge can stem from various offenses, from exposing yourself to solicitation to certain acts with minors.
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What to Do When You Face a Sexual Misconduct Charge

 

When you face a sexual misconduct charge, you need qualified legal representation to minimize your likelihood of a conviction. Sexual misconduct occurs when a person who is in a position of authority takes advantage of another. This can be an employer to employee relationship, a doctor to patient one, or teacher to student. If the sexual conduct is with a minor, the charges are more severe.

Even if acquitted, an accusation of sexual misconduct could have severe implications for the defendant’s life. However, a conviction will result in mandatory registration as a Missouri sex offender in addition to jail time and fines.

If you have been accused of being a sexual offender, you must contact an experienced attorney. Being charged with acting on an inappropriate sexual desire, exposing yourself to a child, or another inflammatory crime is complicated, with potential repercussions that can change your life for years. A strong attorney-client relationship with a qualified law firm like Carver, Cantin, and Mynarich, LLC can help you devise a strategy that can help you avoid prison.

 

Sexual Misconduct Charges for Unwanted Touching in the Workplace

For the many types of sexual misconduct charges, unwanted touching is probably the most difficult to understand. If a client, co-worker, employer, or manager touches or grabs you, you have been the victim of among the most common kinds of sexual harassment in the workplace. 

Title VII of the Civil Rights Act protects staff members from undesirable physical contact from others in the work environment. Actions include:

  • Coercing another into sexually touching someone
  • Grabbing
  • Intentionally rubbing against another
  • Hugging without permission 
  • Kissing without permission
  • Touching, slapping, or pinching body parts
  • Using force or threats to engage in unwanted touching

It is easier to prove physical misconduct than non-physical types. Physical harassment is any unwelcome touching that makes the recipient feel uncomfortable or at risk, and it is among the most pervasive kinds of unwanted sexual advances in the office. If you have been accused of harassing a co-worker or employee, a Missouri sex crime lawyer will help you plan your defense. 

What to Do When You Face a Sexual Misconduct Charge section

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Sexual Misconduct Definition

 

By knowing the sexual misconduct definition, you can potentially avoid sex crime charges and understand why you are accused of being an offender. This will help you realize why you require a professional attorney to avoid felony criminal charges, as well as prepare your defense.

What does it mean to be sexually violated? Sexual violation or misconduct is a phrase characterized by the unwanted sexual advances of one person against another person. The actions, which cover domestic violence, sexual assault, and sexual harassment, cross the alleged victim’s personal boundaries. 

 

Sexual Misconduct with a Minor

Missouri law considers sexual misconduct with a minor one in which an adult with a “significant relationship” exhibits inappropriate behavior with a minor. A “significant relationship” is defined as one in which an individual has an obligation to teach, monitor, or take care of children, either as a professional or a volunteer. The state has to prove that the defendant abused a “supervisory position” to cause a minor to participate in sexual activity with the accused or another individual.

Activities like “sexting” or sharing images of nudity with a minor are considered sexual misconduct, even if both parties are under the age of legal consent. To help prepare your defense or even avoid making the unfortunate error in the first place, you may want to learn about Missouri child porn laws.

Sexual Misconduct Definition

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Sexual Misconduct Meaning

 

Many people with good intentions can inadvertently make someone uncomfortable enough to require legal assistance for the defense and understand the sexual misconduct meaning better. Often, people believe they are showing affection or support on the job by giving a hug or placing their hand on someone, but without consent, they may find themselves accused of sexual misconduct.

Additionally, if a subordinate or co-worker feels that they are being coerced into a romantic relationship, they may think their job is at risk. Because of the significant difference of power, a person on the receiving end of the unwanted physical attention or verbal harassment may feel unable to speak up.

Other examples include when a school professional or employer engages in sexual activity with a student or underage employee or coerces them to engage in sexual activities with a contemporary who is also under the age of consent in Missouri.

Sexual Misconduct Meaning

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Missouri

The Difference Between Sexual Misconduct 1st Degree and 2nd Degree

 

The differences between sexual misconduct 1st degree and 2nd include the activities engaged in and the penalties received. Under Missouri Statute 566.093, it is considered sexual misconduct first degree if a person commits any of the following misdeeds:

  • Indecent exposure when the desired result is alarm or affront
  • Deviate sexual intercourse in front of a third person
  • Sexual contact in front of a third person when the desired result is to alarm
  • Sexual intercourse in a public place

When the alleged offense consists of sexual contact rather than intercourse, it is considered sexual misconduct in the second degree. According to Missouri Statute 566.095, “sexual contact” is touching another person’s genital area with the purpose of “gratifying sexual desire.” Another type of second-degree misconduct of a sexual nature coerces or solicits another person to take part in sexual conduct under scenarios in which he or she understands that it will likely trigger affront or alarm.

The Difference Between Sexual Misconduct 1st Degree and 2nd Degree

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Missouri Misconduct Penalties

 

The misconduct penalties depend on the severity of the sexual conduct. The state might charge an individual with sexual misconduct with a minor if the alleged victim is sixteen or seventeen years of age and the alleged offender is at least five years older. The degree of the charge depends upon the type of offense.

A defendant can be charged with sexual misconduct with a minor in the first degree if he or she has performed sexual intercourse with a minor. In addition to the traditional definition, the term “sexual intercourse” also means penetration with a foreign object. This is a class C felony with a maximum potential sentence of five years in prison.

Other cases of first-degree sexual misconduct would be classified as a class B misdemeanor. If convicted, a defendant faces a maximum sentence of six months in jail and a fine of up to $1,000. Second-degree sexual misconduct is a class C misdemeanor. A conviction comes with a maximum sentence of 15 days and a fine of up to $750.

For information on how to fight a sexual misconduct charge in the United States, you should reach out to a reputable law firm knowledgeable of Missouri state laws to avoid facing jail time or hefty fines. 

 

Avoid a Sexual Harassment Charge by Retaining an Attorney

You do not have to feel that you did anything wrong to be charged with the sexual harassment of another person. Although a criminal defense attorney is an obvious requirement for a Class C Felony sexual assault, if you engage in sexual intercourse with a minor as a minor, you can also be accused of sexual misconduct. If you have been aggressively pursuing a sexual relationship with a co-worker with unwanted hugs or otherwise touching them without consent, it may be considered a sexual contact offense.

As a defendant, you need legal advice, information, and representation. Contact the criminal law office of Carver, Cantin, and Mynarich, LLC for professional assistance.

Misconduct Penalties

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