Assault and Battery With Sexual Harassment

Sexual harassment victims that were also touched and placed in fear of imminent offensive bodily contact may also sue for assault and battery under state law. Battery requires proof that the victim was subjected to an offensive bodily contact. Assault requires proof that the victim was placed in fear or apprehension of imminent offensive physical contact. In other words, the victim must prove that the harasser’s actions caused them to be in fear of imminent battery--offensive bodily contact.

To prove assault and battery, a victim must show that they did not invite or consent to the assault and battery. Assault and battery claims have a different measure of damages from sexual harassment cases. Furthermore, the cap on damages in some civil rights statutes do not apply in assault and battery cases, resulting in possible payment of larger damages to the victim.

Additionally, some civil rights statutes only permit lawsuits against employers and not individuals. With assault and battery however, the harasser can be sued individually. Some laws also permit assault and battery suits against the employer where the employer condoned, participated in, or encouraged the assault and battery. Punitive damages are also sometimes allowed in assault and battery cases.