New York Gov. Cuomo's political future remains uncertain after a report concluded he sexually harassed almost a dozen women. But legal experts caution that the standard for criminal prosecution is greater than the civil investigation.
Michelle Madden Dempsey, a former prosecutor in Illinois and a law professor at Villanova University, said sexual harassment in a civil case would involve determining whether the touching was unwanted. But in a criminal case, a jury would also weigh whether it meets an"unconsensual standard" as well. For instance, a person didn’t want to consent to sexual contact, but agreed because they were threatened with physical harm.
Gilleon said he believes criminal charges are possible given how politicized the case is and the expectations that Cuomo face consequences, but prosecutors will have to determine the extent of the groping as well. Marjorie Mesidor, a New York lawyer specializing in employment law and sexual harassment claims, said the length of time that has elapsed in some of these incidents would make criminal charges unlikely.
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