Idaho Criminal Defense Blog : Boise Idaho Criminal Lawyer & Attorney : Chuck Peterson Law Firm : Civil Rights, Trial, Felonies, Assaut, DUI : Boise, Idaho Falls, Pocatello, Idaho

One of those "can I recover" questions last week involved sexual harassment.  Just what is sexual harassment and when do you have a case that will allow recovery in an Idaho court? 

Sexual harassment includes any unwanted, unwelcome, or unsolicited conduct that is sexual in nature. It can include touching, inappropriate jokes, crude or derogatory statements, sexual advances, offers for benefits such as money or a promotion in exchange for sexual favors, displays of pornographic materials, and indecent exposure. 

Sexual harassment is most often associated with conduct in the workplace that interferes with your ability to effectively perform their job. Such conduct in the workplace can come from a boss, a co-worker, or anyone else you come into contact with either at work or in association with work. An employer’s liability for harassment in the workplace is not limited to the conduct of its employees. 

Sexual harassment also may occur outside of work. A person can also be sexually harassed by a friend, a stranger, or even a family member. Harassment can occur at work, school, home, or in public. It can be from someone of the same sex or the opposite sex. 

Whether it is meant to be in good fun or hostile, sexual harassment can leave a lasting impact. It can affect performance at work, school, and daily life, and the conduct has been shown to increase if  ignored.  

If you’ve been sexually harassed, we can fight for your rights as a victim. Give us a call to discuss whether you have a case.

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 Almost forgot about this one - Charles Hartman - pled guilty to sexual abuse of a minor in 2007. On January 13th a jury awarded his victim $1.9 million. Boise lawyer Walt Bithell represented the victim, who was 16 at the time she was molested. Speaking about the role of the civil case:

"The civil case is designed to do what the criminal system won't do - try to make the family whole. You cannot believe the impact on the victim, and the victim's family," said Bithell, who said in 40 years of practicing law he can remember only one other time when a family pursued a civil judgment in a sex abuse case.

The unanimous jury awarded $1 million in punitive damages, and the balance ($921,000) to cover general damages, counseling and the damage to the family relationships.  Although most offenders go to prison and have no money to provide for their victims - that is not always the case.  Hartman reportedly has business and real estate that might provide a way to recover the verdict.

So what does this say about the state of justice in Idaho? First, it is possible to win a jury verdict in a civil case that seeks compensation for crime victims. Bithell is a legend here - great trial lawyer and a great man. And Walt had the things you need to win: liability AND damages. 

Second, those "run away" verdicts are urban (and country) myths! The jury awarded $1.9 million - not $99 million - like those insurance companies would have us believe. They and the legislature have limited the amount of money a victim can recover in most civil cases supposedly because Idaho juries are not "reasoned" (OK - insert the word  "smart" if you dare) enough to sort out real damages from the imagined. Nonsense. Idaho juries, and juries in virtually every courtroom across the land, have a better grasp on what is real and what is imagined than do the insurance fat cats. Think AIG would get those monster bonuses if a group of 12 jurors got to decide?

Third, to win a case like this you have to be willing to try the case. That goes for the client, family and lawyers. Defendants are not going to hand over $1.9 million without a fight, so put on the gloves and get to it. You need a gladiator for your case, and the will to see it through. And trust the jury to get to the truth.

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 This week brings another call from a sexual assault victim: "Can I sue the guy who did this to me?"

Absolutely!  The law is intended to provide remedies for persons who have been sexually assaulted or harassed.  The usual problem is recovering money damages against defendants in these cases because there is generally no insurance coverage. Most policies contain an exclusion from coverage for criminal conduct. But what if the defendant has money or property? A court judgment can be satisfied by attaching their property and forcing its sale, or by garnishing a bank account!

Sexual assault victims have specific rights under Idaho law to collect money for their suffering - and that suffering goes on for years. The specific code section (I.C. § 6-1703) provides potential money damages for "past and future damages and may consist of emotional and physical pain and suffering, mental anguish, disability, loss of society and companionship, expenses for past and future therapy, and punitive damages" plus attorney fees and costs if you win.  Punitive damages are allowed to punish the person for his or her sexual crime.  That's right - CRIME.  If you need more information on these cases - contact us.  We handle cases for sexual assault victims - and maybe we can help you find a way to cope with the damages you have suffered.

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