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If one person in this relationship makes unwanted sexual advances or demands sexual favors in the context of the business relationship, it could be considered illegal sexual harassment. Key, however, is that the harassment must occur within the professional relationship. A dentist who repeatedly offers a patient free treatment in exchange for sex may be committing sexual harassment, but a dentist who gropes a woman in a bar is not. (That dentist, however, may be guilty of assault and battery, which we'll explore later in this article.)
To qualify as sexual harassment, several conditions must exist:
•The harasser and victim must have a professional relationship, similar to the relationships described above. •The victim must make it clear that the sexual advances are unwanted. In other words, a consensual sexual relationship would not be considered sexual harassment. •The victim must be unable to easily end the professional relationship. For example, if an apartment manager repeatedly harasses a tenant, it might be difficult for the tenant to break his or her lease and pay to move to another apartment complex. However, if an apartment manager sexually harasses a prospective renter, the potential renter could just walk out and find another apartment to rent. Assault & Battery That dentist who gropes a woman in a bar isn't committing sexual harassment. He may, however, be guilty of committing assault and battery.
Assault is an intentional act that causes apprehension or fear of imminent harm. One person threatening to rape another may be guilty of assault even if no sexual contact occurs because the mere threat was enough to make the victim fearful.
Battery is intentional physical contact with a person without his or her consent. It must result in physical pain, injury or be offensive to a reasonable person. If someone gropes you, for example, that could be considered battery. But if someone unintentionally bumps into you or is pushed into you in a crowded space, it wouldn't be battery because the action wasn't deliberate
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