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Sexually touching your employee against their will is not only illegal sexual harassment/assault, but it is criminal too. But, in employment cases, rarely are criminal charges brought against the person committing the sexual assault.
This appears to have happened with former New York governor Andrew Cuomo. A former aide of Cuomo accused him of grabbing her left breast. She was one of 11 people accusing Cuomo of sexual harassment or sexual assault.
The misdemeanor charge of forcible touching of Brittany Commisso against ex-Governor Andrew Cuomo was dismissed by the Judge. This conclusion was made after the District Attorney decided to not prosecute Cuomo.
1/Investigations into the other allegations of sexual harassment found that the Governor engaged in unwelcome and nonconsensual touching including unwelcome kisses, touching and grabbing an executive assistant and state entity employee’s butt, and nonconsensual touching of the waist, legs, back, hands, and chest of women.
2/ Investigations also found, among other things, that the Governor made numerous offensive comments of a suggestive and sexual nature that created a hostile work environment for women including calling assistants “mingle mamas” and pet names, commenting on the attractiveness of employees, and making uncomfortable, suggestive, and explicit comments and jokes about personal life, relationships, and sex.
3/ Investigations revealed that the Governor’s sexually harassing behavior was not limited to members of his own staff, but extended to other State employees, including a State Trooper on his protective detail and members of the public
Unlike civil claims of sexual harassment/assault which can be proven in court with a simple preponderance of evidence, criminal charges must be proven “beyond a reasonable doubt.” Do you think the criminal charges for sexual assault were dismissed by the DA because there was no evidence?

Emanuel Shirazi is a Los Angeles-based employment attorney with over 20 years of experience representing employees in wrongful termination, harassment, and discrimination cases. A Super Lawyer and AV-rated attorney, he is dedicated to protecting workers’ rights across California.
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