Sexual exploitation and recording allegations.
Sexual exploitation is an institutional category rather than a federal one, which has two consequences: the definition is whatever your school wrote, and the procedural protections may be thinner than in a Title IX matter.
A code category, not a federal one.
The federal definition of sexual harassment covers quid pro quo conduct, hostile environment, and the four VAWA offences. Sexual exploitation is not among them. It exists in campus conduct codes, drafted broadly and varying substantially between institutions - which means the first task is obtaining the exact provision charged and reading what it actually prohibits.
Why the procedural question comes first.
Because the charge sits in the conduct code rather than the Title IX grievance process, the federal live-hearing and cross-examination requirements may not attach. Many institutions run exploitation charges through a single administrator. Asking in writing which process applies, and whether a hearing will be held, is the first substantive step - and where a matter is charged alongside a Title IX allegation, the answer may be different for each count.
Consent to conduct and consent to recording.
These are separate questions, and the second is where the case usually turns. Evidence of consent to the underlying encounter does not establish consent to being recorded, and vice versa. Both are frequently documented in the message record around the event, which is why the complete archive matters more here than the parties’ recollections.
The criminal dimension.
Recording and distribution provisions correspond to state criminal statutes with real penalties, and where a minor is depicted, to federal statutes carrying mandatory provisions and admitting no consent defence. That analysis has to be done before any campus statement, before any consent to search, and before any device is handed to an institution - because the campus file is discoverable and the material itself is evidence.
Why you should call us.
If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.
Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.
On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.
Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.
