Sexual Misconduct
Sexual misconduct is a broad term encompassing various sexual offenses. Legal rights and options vary depending on the specific circumstances — you can reach out to us to understand more and get help.
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Author: Kathryn Kosmides
- Sexual misconduct is a non-legal term that encompasses a wide-range of unwanted sexual behaviors and is mostly used within schools and workplaces to help individuals understand appropriate and inappropriate behavior
- Depending on the facts and circumstances surrounding the sexual misconduct incident, your rights and options will vary
- If you reported sexual misconduct at work or in a school and they did not investigate or retaliated against you for reporting, you may have the right to file a civil lawsuit
What is Sexual Misconduct?
Sexual misconduct is a non-legal term that encompasses a broad range of unwanted sexual behaviors, including both physical and non-physical acts. In general, sexual misconduct is a term used in educational or workplace settings to inform students and employees about appropriate and inappropriate behavior.
Examples of sexual misconduct include the following:
- Inappropriate touching
- Indecent exposure and voyeurism
- Non-consensual sexual viewing and peeping, i.e., viewing someone undressing without their knowledge
- Sexual harassment, both verbal and physical
- Sexual coercion
- Domestic violence
- Dating violence
- Gender-based violence
- Stalking
- Technology, cyber, and social media-based harassment or threats
- Creation of sexual deepfake images
- Distribution of non-consensual intimate images, also known as “revenge porn”
- Threats of sexual abuse or other bodily harm
- Sexual assault or attempted sexual assault
- Rape
- Sexual Abuse involved in hazing, like in fraternities or sororities
If you experienced any of the above, you have rights and options, and help is available. You can contact RAINN if you need immediate support or reach out to us at Helping Survivors to learn more about your legal rights and options.
Sexual Misconduct vs. Sexual Assault
Given that sexual misconduct is such a broad term, there can be confusion about the differences between sexual misconduct and sexual assault.
In general, sexual assault refers to any nonconsensual physical sexual act, which can include groping, fondling, forced kissing, forced oral sex, and forced sexual penetration, also known as rape.
The key difference between sexual assault and sexual misconduct is that sexual misconduct also encompasses a wide range of non-physical sexual violence. Additionally, sexual assault is a legal term across family, criminal, and civil courts with specific federal and state definitions. Sexual misconduct is not a legal term nor a specific criminal charge you will see within the courts.
Where Can Sexual Misconduct Occur?
Sexual misconduct can happen anywhere to anyone, regardless of age, gender, sexual orientation, education, or disabilities. However, sexual misconduct is generally a term used within schools, universities, and workplaces to help educate individuals on a broad range of inappropriate sexual behaviors.
At the federal level, Title IX of the Education Amendments of 1972 generally requires schools, universities, and workplaces to have specific policies for defining, reporting, and investigating sexual misconduct. Those policies must also establish procedures for handling complaints.
The law requires schools, universities, and workplaces to investigate all official reports of sexual misconduct. However, many investigations result in retaliation against the reporter or find the perpetrator not responsible. Furthermore, many complaints are never investigated, regardless of the organization’s requirements and responsibilities.
If you or someone you know has reported sexual misconduct through official channels and believe the organization or institution failed to investigate or take appropriate action to prevent future harm, you have legal rights and options. For instance, you can report the misconduct to law enforcement and may be entitled to file a civil lawsuit, depending on the circumstances.
Helping Survivors can help you understand these options and help you take the next steps.
Sexual Misconduct in Schools & Universities
Unfortunately, the prevalence of all forms of sexual misconduct in K-12 schools and higher education universities is a seemingly growing problem. While most data reported on sexual misconduct in schools focuses on teacher sexual misconduct, which also encompasses staff members, there is also an epidemic of student-on-student sexual misconduct.
A recent report published by the National Center for Education Statistics found that, between 2011 and 2015, U.S. students committed approximately 17,000 sexual assaults. The number may likely be much higher as sexual assaults are often under-reported or mislabeled as bullying, particularly among younger victims.
A different study conducted by The National Center for Educations Statistics indicated that 5.2 percent of the 2,762 surveyed schools reported an incident of sexual assault other than rape in the 2017-2018 school year—an increase from the 3.4 percent reported in the 2015-16 survey.
If you or someone you know has experienced sexual misconduct by another student, a teacher, or a coach, the following steps should be taken to protect the child and prevent future harm:
- Report to a Trusted Adult: If this was a recent occurrence and the individual is still a minor, they should speak to a trusted adult, such as their parents, guardians, or another teacher, as soon as possible. The adult should ask age-appropriate questions and ensure the child feels believed and respected. Any actions taken by the adult should have the child’s informed consent as they may be fearful of repercussions to themselves or others.
- Speak to an Experienced Attorney: While many recommend reporting to an official channel as soon as possible, speaking to an experienced school sexual abuse attorney can ensure the child’s rights are known and protected. They can also help draft the official complaint and be present when speaking to school authorities, preserving future options and ensuring any bad behavior by the school or university is detected.
- Report Through Required Official Channel: The official channels may differ depending on the setting. For instance, reports at a university are typically filed with the Title IX Coordinator, which smaller local K-12 public schools do not have. A trusted adult—and ideally an experienced attorney—should be present for all meetings related to the report.
Additionally, parents may want to report misconduct to law enforcement and seek criminal charges against the individual. An individual cannot press criminal charges against someone but can report the conduct to the local police in the jurisdiction where the harm occurred. Local law enforcement may or may not investigate depending on various factors, including the applicable statute of limitations, the alleged perpetrator’s age, and whether any other allegations have been made.
However, we highly believe that reporting to law enforcement in the case of school sexual misconduct by another student should only be done after speaking to an attorney and with the child’s knowledge and consent. While a parent may be extremely emotional and angry, doing things without the knowledge or consent of the child can pose further harm to the child.
Teacher Sexual Misconduct
Along with the growing problem of student-on-student sexual misconduct in schools, teacher sexual misconduct is an exponentially growing problem.
According to data compiled by the Defense of Freedom Institute, or DFI, the number of sexual violence complaints against K–12 schools filed with the U.S. Department of Education more than tripled between 2010 and 2019.
The data DFI collected across approximately 95,000 K-12 schools for 2017–18 showed 13,799 incidents of sexual violence—a 43 percent increase from 2015-16. Meanwhile, there were 685 instances of rape or attempted rape—a 74 percent increase from the previous year.
Research conducted by the nonprofit Stop Educator Sexual Abuse Misconduct & Exploitation showed that in 2015, about 3.5 million students between eighth and 11th grade—nearly 7 percent of those surveyed—divulged that they had experienced physical sexual contact from an adult, most often by teacher or coach.
Many experts and advocates have spoken out about the issue of professor and teacher sexual misconduct. They highlight a variety of reasons why such misconduct often remains hidden, such as the following:
- DFI found that when sexual abuse by public school employees is reported, a majority of school districts are under no legal obligation to notify parents or even document the report or investigation in the employee’s file.
- Due to the lack of official documentation in an employee’s file, many schools allow and enable known abusers to get jobs at different schools and districts. This phenomenon is so popular it is referred to within the school system as “passing the trash.”
- Collective bargaining agreements negotiated between teachers’ unions and school districts are also believed to contribute to the problem. These agreements often provide that all employee personnel files be erased when a teacher changes districts, meaning their history of abuse allegations can be permanently deleted and never reported to future employers.
These policies enable perpetrators to cause further harm without repercussion and allow school districts to sweep problems under the rug, highlighting why speaking to an experienced teacher sexual abuse lawyer as soon as possible is critical. Seeking outside help is the best way to help ensure children are protected, and the abuse stops.
If you or someone you know has experienced sexual misconduct by a teacher, follow the above steps. If it is a recent occurrence and the child or children impacted are still minors, following all the steps is critical to ensure the children are protected, and the legal options are preserved—whether in criminal or civil court.
Speaking to an experienced teacher sexual abuse attorney is the best thing you can do after someone discloses sexual misconduct to you. A lawyer can protect your rights, ensure the harm is documented, and seek to hold the school district liable if it doesn’t stop the abuse. Helping Survivors can connect you with an experienced and compassionate attorney today. Contact us today.
Sexual Misconduct in the Workplace
While most individuals are familiar with sexual harassment, sexual misconduct is another umbrella term often used in the workplace to outline inappropriate behavior.
However, workplace sexual harassment is the general legal term used for any form of sexual misconduct in the workplace. Federal and state laws have specific requirements for educating workers, reporting harassment, and investigating complaints. These laws establish a formal legal process for filing complaints if your employer does not respond appropriately to the harassment.
Sexual harassment can include physical and non-physical sexual acts, including sexual comments, quid pro quo sexual harassment, and workplace sexual assault. See our guide on what to do if you experience workplace sexual harassment. If you have experienced sexual harassment, start by documenting what happened and speaking to an experienced sexual harassment lawyer as soon as possible.
Is Sexual Misconduct a Crime?
In most U.S. jurisdictions, many forms of sexual misconduct are considered criminal, including molestation, indecent exposure, domestic and dating violence, stalking, sexual assault, and rape.
If you experienced any of the above, you have the legal right to file a report with law enforcement. In general, you must do this at the local police precinct in the jurisdiction where the harm happened. For the crime to be prosecuted, charges must be filed before the deadline set by the criminal statute of limitations.
Please note: an individual cannot press criminal charges against someone. After a police report is filed, an investigation will occur based on applicable laws and available resources. Unfortunately, due to the overwhelming number of sexual offenses committed and reported, law enforcement must often focus on the worst offenses and offenders. Information from the investigation is shared with a prosecutor, often known as a district attorney, who determines whether to prosecute and which charges to file.
We encourage people to report sexual offenses to law enforcement but also want them to understand their role within the criminal legal system. We have created this resource to explain how criminal charges are pressed against someone and the survivor’s limited role in this process.
Unfortunately, the newer forms of sexual misconduct, such as creating and distributing nude deepfake images and distributing “revenge porn,” may not yet be crimes. However, new laws have been proposed to cover such misconduct. Be sure to search online or reach out to us to understand if any laws cover these types of offenses in your state.
Additionally, university and workplace sexual harassment is generally not considered a criminal matter unless it falls into one of the above categories. For example, sexual comments or requests for sex by a boss or co-worker are generally not criminal offenses at the federal or state level.
If you have questions about filing a report with law enforcement regarding the harm that has happened to you, contact us. We’ll share additional information and resources tailored to your specific facts and circumstances.
Legal Rights and Options for Those Impacted by Sexual Misconduct
The survivor’s legal rights and options after experiencing sexual misconduct depend on the facts and circumstances surrounding the incident.
Therefore, we highly recommend contacting an experienced attorney as soon as possible. They can help explain the options available and the processes for each. Helping Survivors works with a nationwide network of reputable law firms and can connect you with an experienced and knowledgeable practitioner for free today.
In general, the following options are generally available to individuals impacted by sexual misconduct:
- Report to the institution: If the sexual misconduct occurs at a school, university, or workplace, you can report it through the official channels. At schools, this is generally done by reporting through the Title IX office or the school board. If the misconduct happens at work, you can report it to the human resources department. If you report and the organization does not investigate or take the proper steps to ensure a safe environment, you may have additional legal rights and options, including filing a sexual abuse lawsuit.
- Report to law enforcement: Whether or not the sexual misconduct is an official crime or not, anyone has a right to file a police report. While a police report hopefully leads to a criminal investigation and the filing of charges, it can also create an incredibly valuable paper trail documenting the harm. For example, if you file a police report after the first incident of sexual misconduct and the behavior escalates, the original report helps establish an ongoing pattern of behavior. This evidence will be key should you seek an order of protection or file a civil lawsuit. While the police may give you a hard time if they do not believe a crime was committed, they are legally required to take your report. However, you may need to insist they do regardless of the outcome, such as if the statute of limitations has expired because your report may help someone else.
- File a civil lawsuit: A civil lawsuit allows the filing party to seek monetary compensation for the harm that has happened. Whether filing a civil lawsuit for sexual misconduct makes sense depends on the facts and circumstances. You may have to exhaust certain pre-filing processes, particularly in the case of sexual misconduct at work or a university. Additionally, pursuing a civil lawsuit can be expensive and time-consuming. Filing a lawsuit against an individual may not make financial or emotional sense if the individual does not have the means to cover your damages but cases. Thus, most sexual misconduct cases name larger institutions as defendants. However, many lawyers take such cases on a contingency fee basis, meaning they only get paid if they recover compensation. If they do, their fee is a percentage of the damages recovered.
If you are considering any of these options in response to sexual misconduct, reach out to us at Helping Survivors. We can provide resources and answer any questions you have. If you are seeking information about filing a civil lawsuit, one of our law firm partners may be able to assist you, and we can connect you with them for a free consultation.
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