Workplace Sexual Assault: Understand Your Legal Rights

Today we’re discussing a sensitive topic that unfortunately impacts far too many every year, workplace sexual assault. To begin, we want to clarify the difference between workplace sexual harassment and workplace sexual assault. Sexual harassment includes any unwanted remarks or behavior of a sexual nature. While workplace sexual assault involves physical, sexual acts performed without someone’s consent, workplace sexual assault can occur in different settings and in different forms. For example, it may happen within the workplace itself, but it may also happen at workplace events, business conferences, or client dinners. And workplace sexual assault is a term that encompasses any unwanted physical sexual contact, which can include rape, but also includes other acts of sexual violence, such as non-consensual kissing, groping, molestation, and beyond. In general, workplace sexual assault references, assault perpetrated by another employee or manager within the same company. If you find yourself a victim of sexual assault in your workplace, the first thing to do is to ensure your immediate physical safety.

Seek a safe location, and if necessary, medical attention, which can include a sexual assault forensic exam, but does not have to if you only wish to seek medical treatment for potential STDs and pregnancy prevention. After you are physically safe, there are some steps to consider taking. Step one, document everything. Write down everything you remember happening, who was involved, any potential witnesses, and any important details like time and place. Keep records of all interactions related to the incident even after your report, including times, dates, and details of conversations and who was involved. Step two, report the assault to your employer immediately. If you feel safe doing so. Many workplaces have protocols for handling such incidents confidentially and have legal obligations to uphold. Step three, consider filing a police report. Sexual assault is a crime, and while the state’s ability to prosecute the offense may be limited, filing a police report can create an important paper trail to document the harm that happened to you.

And step four, speak to an experienced workplace sexual assault lawyer as soon as possible. An experienced lawyer can help you understand your rights, guide you through the process of filing any necessary claims or paperwork, and work to hold the perpetrator and possibly your employer accountable for the harm that happened to you. Lawyers specializing in sexual assault cases can assist you in seeking justice and compensation for the harm that happens. They can help you protect your rights throughout the investigation and ensure that your professional reputation and privacy are maintained. If you or someone has experienced sexual assault in the workplace, reaching out for help is a crucial first step towards seeking justice and recovery. Helping Survivors works with a variety of law firms around the nation, and we can help you get connected to an experienced attorney to answer your questions and help you take the next best step.