Since Maine became the first state to pass workplace harassment laws in 1991, all employers with more than 15 employees are required to provide sexual harassment training to their employees.
Workplace harassment is only one form of harassment, however, and there is still widespread confusion about what constitutes harassment and how it differs from abuse.
Many people are also unaware of the consequences of violating harassment laws, what you can do if you are a victim of harassment, and what to do if you are accused of harassment or abuse.
Here’s what you need to know about sexual harassment and other forms of harassment and abuse in Maine, in the workplace and beyond.
What is harassment in Maine?
First, let’s consider the difference between harassment, as set forth in the Maine Penal Code: Title 17-A, §506-A, and abuse. Both are considered types of harassment, but there are important differences.
In Maine, harassment is defined as three or more acts of confrontation, intimidation, physical force, or threat of physical force.
To be considered harassment, these acts must:
- Be directed against any person, business or family
- Intending to harass, torment, intimidate or cause fear
- Cause fear, intimidation or threaten another person
Some acts may be considered harassment if they occur only once but violate other laws that protect civil and constitutional rights. Examples include stalking or aggravated assault.
What is abuse?
Abuse is defined as any of the following types of acts in Maine:
- Attempting to cause (or causing) bodily harm, offensive physical contact or sexual assault.
- Harassing, tormenting, or threatening another person with the intent to place them (or them) in fear of bodily harm or death.
- Knowingly restricting the movements of another person without consent or lawful authority.
- Repeatedly following someone or being near (or at) their home, school, business or workplace, without any reasonable reason.
- Distributing someone’s private images without their permission.
- Sex trafficking.
If these acts are committed against another household member, family member, or dating partner, they may be considered domestic violence in Maine.
Protection from Harassment Laws in Maine
If a person in Maine claims to be a victim of harassment, an application can be filed with the court for protection from the alleged harasser or abuser.
If successful, a protection order can be issued by a judge aimed at preventing further harassment or abuse, while criminal proceedings against the alleged perpetrator can be launched.
Depending on the circumstances, a protection against harassment Or protection against abuse an order can be made by the courts. Let’s take a closer look at both…
Protection from harassment orders
Harassment protection orders protect individuals from harassment by alleged offenders with whom there is no prior personal relationship. It could be anyone, from a stalker to a co-worker.
In the workplace, it is illegal under Maine human rights laws to harass someone because of their race, color, religion, gender, sexual orientation, of his disability or certain other protected classes.
In these cases, if the accuser has no personal relationship with the alleged abuser, he or she can ask the court to issue a protection from harassment order.
Protection from abuse order
To successfully seek a protection from abuse order, the accuser must generally have a prior personal relationship with the alleged offender.
Such orders are often sought in domestic violence cases, when a family member or other household member (or romantic partner) seeks protection from the court.
However, in cases of sexual assault, stalking, sex trafficking, or distribution of private images, a protection from abuse order can be issued without there being a prior relationship with the alleged abuser.
Elderly, dependent or incapacitated adults can also seek protection from abuse orders against unpaid care providers.
Penalties for Harassment Crimes in Maine
Anyone accused of stalking in Maine faces serious penalties. The severity of the sanctions depends on the nature of the offense charged.
A conviction for harassment is only possible if the accused individual continues the harassing behavior without any reasonable reason after filing a complaint and has been warned to stop the behavior by an authorized law enforcement officer. the order.
However, other charges may need to be defended if other allegations are made against the individual. A protection order does not need to have been issued for criminal charges to be filed against a person accused of harassment.
Here are the three levels of crime associated with harassment in Maine:
- Class E felony:The least serious form of harassment is considered a Class E criminal offense in Maine, carrying up to six months in prison and a maximum fine of $1,000.
- Class D felony:The highest level of misdemeanor charge in Maine, carrying a potential sentence of one year in prison and a maximum fine of $2,000.
- Class C felony:The lowest level of criminal offense in Maine, applicable if the defendant has two or more prior convictions for acts of harassment against the same victim or the victim’s immediate family at the time of the complaint. Potential penalties include up to five years in prison and a maximum fine of $5,000.
Workplace Harassment Laws in Maine
If the harassing behavior occurs in a workplace, it may be considered workplace harassment. This may take the form of workplace discrimination or offensive behavior based on race, gender (including sexual orientation), disability, age, religion, whistleblowing activity or marital status.
Examples include jokes, offensive objects or images, name-calling, physical attacks, and threats.
Such conduct violates Maine policy and may be subject to criminal investigation or civil prosecution.
Sexual harassment
Unwelcome sexual advances in the workplace are considered sexual harassment under the Maine Human Rights Act.
This includes any non-consensual physical or verbal conduct and requests for sexual favors as a condition of employment. Any inappropriate touching, mocking looks, sexual gestures or comments of a sexual nature are also considered sexual harassment and may even constitute sexual assault.
If the person being harassed rejects advances and experiences workplace sanctions in the form of schedule changes, withdrawal of permissions, or loss of benefits/career advancement opportunities, a sexual harassment claim against the employer may result.
Hostile work environment
If, as a result of harassment, the workplace becomes hostile, intimidating, offensive or hostile to the individual concerned, this may also lead to a case of workplace harassment.
This includes behavior that goes beyond sexual harassment and may involve threatening or intimidating behavior based on race, color, religion, disability, age, sexual orientation, disability, genetic predisposition, ancestry or national origin, all of which are protected classes in Maine. Human Rights Act.
The source of the hostile work environment can come from someone with authority, such as management or supervisors, but can also come from co-workers or even customers.
Anyone accused of harassment should seek legal advice as soon as possible. Understanding your legal options and taking appropriate next steps are essential to the outcome of your case.
For experienced legal help regarding any harassment charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial assessment of the case.