Sexual harassment- civil or criminal? (1 Viewer)

[Aimz- Lou.]

I have an assessment task due tomorrow, and I am on the last question. It asks about the criminal repercussions of asking for sexual favours- but all I can find about sexual favours is that this is part of civil law, as it is explicit sexual harassment. Does anyone know anything about this area??? PLEASE help if you do!

 

[melsc]

Sexual Crimes are considered Crimes against Persons and therefore Criminal Matters however I think you can sue the person through civil law as well...I am not 100% sure tho...
SEXUAL ASSAULT IS CONTAINED IN THE CRIMES ACT 1900
Hope that helps

 

[Jonathan A]

Harrasment, I am not sure if there is a civil remedy. The only thing I can thing of in torts is Assault, that is threatening to make unwanted contact with someone.

 

[melsc]

Harrasment, I am not sure if there is a civil remedy. The only thing I can thing of in torts is Assault, that is threatening to make unwanted contact with someone.

Thats what I thought ( I remember talking abt civil actions reagrding assault even after successful criminal convictions) but it is 100% Criminal isnt it

 

[Jonathan A]

Thats what I thought ( I remember talking abt civil actions reagrding assault even after successful criminal convictions) but it is 100% Criminal isnt it

You can make a civil claim after prosecution, however if the courts have punished the offender, you cannot sue for punitive damages as the courts have already punished the person.

This is called the "Once and for all rule", meaning once a case has been tested, can't test it again. In contracts it is also called 'one bar to recovery' I am meant to believe. In criminal law it is called the 'double jeopardy rule' or 'autrefois acquit' ('formerly acquitted') which is a defence that the person has already been tried and aquited. We also have 'autrefois convict' that a person cannot be convicted again.

 

[LaraB]

Sexual Crimes are considered Crimes against Persons and therefore Criminal Matters however I think you can sue the person through civil law as well...I am not 100% sure tho...
SEXUAL ASSAULT IS CONTAINED IN THE CRIMES ACT 1900
Hope that helps

if that's what you've got in ur text book etc go by that

heaps of extra info from uni work or from legal practitioners you may know etc is to be honest quite useless for hsc because you can spit all the info out you like, right or wrong, if it doesnt refer to/relate to the outcomes and syllabus points no one will mark you up for it...

know your stuff from teh syllabus and you'll be right too much information simply detracts from your answers in most cases