Chieftain’s Roper offers a macro view of harassment in Colorado

As sexual harassment scandals continue to unfold – cascade – nationwide, sweeping up Colorado in their wake, the press, the public and policy makers (most notably those who aren’t ensnared in one or more of the scandals) are grappling with some basic questions. Such as, how widespread is harassment? And, what exactly does the law have to say about it?

The Pueblo Chieftain’s Peter Roper dissects the latter question this week – and leaves less room for doubt as to what is or isn’t harassment, as his report’s headline suggests, “State law clear on criminal acts.” His findings offer helpful legal context amid the uproar over harassment in the political world among other settings:

In Colorado, sexual harassment becomes a criminal matter in two ways – when a person touches someone else in an unwanted way or sends unwanted messages, telephone calls, and other repeated communications that are sexual or obscene.

The key words are touching and unwanted.

“The cases we’ve been hearing about nationally are pretty clear cut in the sense that the women report they have been grabbed or kissed or touched in some direct way,” explained Tony Marzavas, assistant district attorney. “That’s a bright line that when deliberately crossed, makes the harassment criminal under Colorado law.”

The law opens the door to litigation, too, of course:

What about the boss that hints that he wants his assistant to travel with him and be a sexual partner – and if that doesn’t happen, the assistant will find herself getting bad job evaluations maybe even dismissed?

Probably a civil matter to be handled by the employer or in a civil claim to federal or state officials.

Roper’s report offers a primer for any elected official or anyone else unsure of where one person’s rights bump up against those of another.

 
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