Sexual coercion involves the use of threats, pressure, or influence to obtain sexual contact or favors without clear, voluntary consent. In New Jersey, these situations are serious and may have legal consequences. Understanding your rights and options is an important step toward protecting yourself, and our Marlton sexual harassment attorneys can help.
What is Sexual Coercion?
Sexual coercion refers to the act of persuading or pressuring someone into sexual activity using threats, intimidation, manipulation, or abuse of power. It is not about mutual desire or consent. Instead, it involves one party exploiting another’s fear, vulnerability, or position to obtain something sexual in nature.
This conduct can occur in many settings, including workplaces, schools, or personal relationships. It is especially prevalent in scenarios where someone in a position of authority uses their influence to gain sexual compliance.
Is Sexual Coercion a Crime in NJ?
In New Jersey, sexual coercion can lead to both civil and criminal liability depending on the circumstances. Certain forms of coercive conduct may fall under statutes related to sexual harassment, assault, stalking, or criminal coercion.
New Jersey’s criminal coercion statute addresses threats or actions designed to restrict someone’s freedom or compel them to act against their will. If sexual favors are demanded through threats involving employment, reputation, or safety, this behavior may qualify as criminal coercion or even a form of sexual assault, depending on the severity of the threat and the resulting act.
Is Coercion Considered Sexual Assault?
Coercion can, in some cases, rise to the level of sexual assault in New Jersey. The law defines sexual assault as any sexual contact that occurs without freely given consent. If an individual engages in sexual acts by using threats, manipulation, or other coercive tactics, the consent is not truly voluntary.
This is especially relevant in a power imbalance; if someone feels compelled to comply with sexual demands to avoid punishment, loss of employment, or other negative consequences, the resulting sexual activity may be considered non-consensual under the law.
Sexual Coercion Examples
Sexual coercion can take many forms. Below are some examples of coercive behavior that may warrant legal action:
- Threatening to fire or demote an employee unless they engage in sexual activity
- Promising job promotions, raises, or other benefits in exchange for sexual favors
- Pressuring someone to engage in sexual activity after they have said no
- Using guilt, manipulation, or emotional pressure to obtain sex
- Repeated unwanted sexual advances despite clear rejection
- Implied threats involving immigration status, housing, or legal trouble
Victims may feel trapped, ashamed, or unsure about whether what happened qualifies as unlawful behavior. It is important to know that coercion does not need to involve physical force to be a violation of your rights.
Our Sexual Harassment Lawyers in Marlton, NJ, Will Fight For You
If you have experienced sexual coercion, whether in the workplace or elsewhere, the attorneys at McOmber McOmber & Luber, P.C., are here to help. Our legal team has extensive experience handling sexual harassment and employment law cases throughout Marlton, New Jersey, and the rest of the state. We understand how difficult these situations can be, and we are committed to protecting your rights with compassion and strength. Contact our Marlton office today to schedule a free confidential consultation.