Sexual Misconduct Allegations

Allegations Should Be
Investigated & Defended Promptly

DON’T BECOME PART OF THE CANCEL CULTURE-DEFEND YOURSELF

Sexual misconduct allegations can be handled in a civil, criminal, administrative, workplace or educational (Title IX) context. It is critical that as soon as an allegation is made, that it be promptly investigated and defended since it can have severe consequences. For example, a complaint may not be prosecuted criminally but can result in loss of a job or business, expulsion from college, a civil lawsuit or professional license administrative action. The effects of these complaints can even affect your family.

Business owners, Employees and  Employers, or licensed professionals who own or work for a company or organization and who have been accused of sexual misconduct allegations, can be facing civil, criminal liability and license revocation.  In addition,  the Company or organization itself can equally be exposed to legal ramifications for the conduct of its members and need to handle accusations promptly and properly in order to avoid or mitigate the consequences.

For professionals, issues of sexual misconduct can be within a company’s human resources department licensing board or bureau’s purview. Human resource or Administrative Board investigators are taking control of the investigation and you may feel in the dark about your rights, the process and next steps to protect and defend yourself.

Sexual misconduct can be defined as unwelcome behavior of a sexual nature which can take several courses. First, asking for sexual favors in exchange for some job-related benefits is illegal and unethical. Second, creating a hostile work environment because of some conduct or harassment of a sexual nature is also illegal and unethical, although harder to prove. In both cases, the test is whether the alleged victim felt the acts were unwanted. A federal court adopted a “reasonable woman” standard in 1991 in determining what constituted sexual harassment. For physicians and health care practitioners who are conducting physical examinations, a patient’s mere allegation can ruin a career.

The fact remains that many men (and perhaps women) do not understand what constitutes sexual misconduct. This new age of the “Me Too” movement where someone complaining of conduct is being given a presumption of credibility before there are any factual findings or hearings.  While no one condones sexual assault or abuse of power, there needs to be due process.  Now what we are seeing is even more subtle but the impact on your life is devastating even before you are given a chance to respond. This is the idea behind the “cancel culture” and power the public or an agency has to judge you before you have even had the the opportunity to respond. You are entitled to defend yourself and you need to stop the spiraling plane.

Physicians &
Health Care Providers

We are seeing a trend in an increase in allegations and in false or exaggerated allegations. For years, our firm has handled sexual misconduct allegations involving public service officials, first responders and health care professionals. Often hospitals and healthcare companies are also in need of outside investigations. Whether you have your own practice, are associated with a hospital, public service agency or you are the hospital or healthcare company in need of representation to defend, investigate or counsel, call our experienced sex crime counsel at LibertyBell Law Group.

​Physicians are increasingly being accused by patients of improper conduct during physical examinations. In the past, a chaperone was not present and the physician vehemently denied the accusation. Now, patients are claiming of sexual touching or misconduct years after the encounter even when chaperones were present and did not see or hear any misconduct.

These accusations can stem from poor physician-to-patient communication regarding the procedure or examination, misunderstandings by the patient of intent, or anger toward the physician for some reason.

In any event, the accused professional needs to hire an experienced sexual misconduct attorney from the very beginning of any investigation to collect and organize facts, gather any evidence that would be helpful or help contradict the allegations, review the records and strategize the approach that is best fit to protect and defend the professional and/or the company.

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