Michigan Laws. Sexual Harassment What is it What is it intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise.

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Presentation transcript:

Michigan Laws

Sexual Harassment What is it What is it intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors Verbal or written, such as sexual innuendoes, jokes, or comments Verbal or written, such as sexual innuendoes, jokes, or comments Physical, such as assault or inappropriate touching Physical, such as assault or inappropriate touching Nonverbal, such as offensive gestures or expressions Nonverbal, such as offensive gestures or expressions Environmental, such as displays of drawings, posters, or objects of a sexual nature Environmental, such as displays of drawings, posters, or objects of a sexual nature

Sexual Harassment What happens to people if they sexually harass others? What happens to people if they sexually harass others? Fired from workplace Fired from workplace Transferred Transferred Wages cut Wages cut May have legal penalties as well May have legal penalties as well

Sexual Harassment Sexual Harassment is most common in the workplace Sexual Harassment is most common in the workplace You must notify your employer of the unwelcome sexual behavior for the employer to be liable You must notify your employer of the unwelcome sexual behavior for the employer to be liable Employers are not allowed to fire, transfer, or otherwise retaliate against you if you report a charge of sexual harassment Employers are not allowed to fire, transfer, or otherwise retaliate against you if you report a charge of sexual harassment

Michigan Criminal Sexual Conduct Laws 4 Degrees with Felony (1-3) and/or Misdemeanor (4) charges

Degree’s in a “Nutshell” CSC in the first, second, or third degree is a felony. CSC in the first, second, or third degree is a felony. CSCin the fourth degree, which only involves forceful touching, is a misdemeanor punishable by two years. CSCin the fourth degree, which only involves forceful touching, is a misdemeanor punishable by two years. Basically, first and third degree CSC involve penetration. Basically, first and third degree CSC involve penetration. First degree involves aggravating circumstances. First degree involves aggravating circumstances. CSC in the second degree only involves contact with some of the aggravating circumstances present in criminal sexual conduct first degree. CSC in the second degree only involves contact with some of the aggravating circumstances present in criminal sexual conduct first degree.

Penetration Vs. Contact Penetration: Penetration: Degree 1-penetration anyone under (MINOR) Degree 1-penetration anyone under (MINOR) Degree 3- penetration anyone between (MINOR) Degree 3- penetration anyone between (MINOR) *No need to prove force only age and penetration.* *No need to prove force only age and penetration.*

Penetration Vs. Contact Cont. Contact Contact 2 nd Degree and 4 th Degree 2 nd Degree and 4 th Degree Intentional touching of intimate parts for purpose to gain sexual arousal or gratification Intentional touching of intimate parts for purpose to gain sexual arousal or gratification

A person is guilty of CSC in the first degree if: He/she engages in sexual penetration w/another person and the following: He/she engages in sexual penetration w/another person and the following: Victim under 13, or between 13 and 16 Victim under 13, or between 13 and 16 Less than 16 if related/live with or in authority over victim. Less than 16 if related/live with or in authority over victim. Physically, mentally incapable/helpless/disabled Physically, mentally incapable/helpless/disabled Use force to accomplish penetration Use force to accomplish penetration A felony punishable by up to life in prison. A felony punishable by up to life in prison.

A person is guilty of CSC in the second degree if: He/she engages in Sexual Contact w/another person and the following: He/she engages in Sexual Contact w/another person and the following: Victim under 13, or between 13 and 16 Victim under 13, or between 13 and 16 Less than 16 if related/live with or in authority over victim. Less than 16 if related/live with or in authority over victim. Physically, mentally incapable/helpless/disabled Physically, mentally incapable/helpless/disabled Use force to accomplish contact Use force to accomplish contact Felony punishable by up 15 years in prison Felony punishable by up 15 years in prison

A person is guilty of CSC in the Third degree if: He/she engages in Sexual Penetration w/another person and the following: He/she engages in Sexual Penetration w/another person and the following: between 13 and 16 between 13 and 16 Use force to accomplish penetration Use force to accomplish penetration Perpetrator knows or has reason to know the victim is mentally incapable, mentally incapacitated or physically helpless Perpetrator knows or has reason to know the victim is mentally incapable, mentally incapacitated or physically helpless Punishable up to 15 years in prison Punishable up to 15 years in prison

A person is guilty of CSC in the Fourth degree if: He/she engages in Sexual Contact w/another person and the following: He/she engages in Sexual Contact w/another person and the following: Force used to accomplish sexual contact including but not limited to any of circumstances for 1-3 Force used to accomplish sexual contact including but not limited to any of circumstances for 1-3 Perpetrator knows or has reason to know the victim is mentally incapable, mentally incapacitated or physically helpless Perpetrator knows or has reason to know the victim is mentally incapable, mentally incapacitated or physically helpless Victim under the jurisdiction of the department of currection and the perp is an employee with knowledge of under jurisdiction age (16). Victim under the jurisdiction of the department of currection and the perp is an employee with knowledge of under jurisdiction age (16). Misdemeanor up to but no more than 2 years in prison or by fine not more than $500. Misdemeanor up to but no more than 2 years in prison or by fine not more than $500.

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