Workplace Sexual Assault and Harassment Attorney
According to the Department of Justice and the Rape, Abuse & Incest National Network (RAINN), an American is the victim of sexual assault every 68 seconds. Sexual violence affects people of all genders and can happen in many settings–including the workplace.
If you’ve experienced sexual assault or harassment at work, you may be wondering what your legal options are. Filing a criminal complaint is one path though it is not always effective. In some cases, there may not be enough evidence to meet the high burden of proof required in criminal court, and prosecutors might decide not to pursue charges.
That doesn’t mean you’re out of options.
Many survivors choose to file a civil lawsuit. A civil case can hold the perpetrator–and sometimes the employer–legally responsible. This path can help you seek justice and compensation for what you’ve endured. An experienced California sexual assault attorney can guide you through the process with compassion and fight for your rights every step of the way.
At the California Civil Rights Law Group, we’re dedicated to helping people who have experienced workplace sexual assault and harassment. Our team has years of experience handling these sensitive cases and advocating for survivors in California.
What Is Sexual Assault and Harassment?
Sexual assault and harassment includes non-consensual sexual contact or behavior. In the workplace, this can take many forms, from visual displays of pornographic material to unwanted touching and even rape.
Sexual Harassment
In California, workplace sexual harassment can include any conduct that is so hostile, offensive, oppressive, abusive, or intimidating based on sex that it alters the work environment. Harassing conduct includes visual, verbal, or physical conduct that is sexual in nature, but it may also include conduct that is denigrating or embarrassing to you based on your sex.
Sexual harassment also includes situations where someone in a position of authority promises a benefit in exchange for the acceptance of sexual advances or requests for sexual favors. This is called quid pro quo (meaning this for that) sexual harassment.
Sexual Battery
Sexual battery in the workplace involves forcing the victim to touch an intimate area of themselves, the offender, or a third person, all for the offender’s sexual gratification. It may also involve restraining the victim and forcing them to masturbate.
The touching must be against the will of the victim, and it must have the goal of sexual gratification, in order to be classified as sexual battery. However, sexual battery in the workplace does not include forcible acts of sexual penetration or rape; those are specific, separate forms of sexual assault.
Forcible Acts of Sexual Penetration in the Workplace
Our workplace sexual assault attorneys also represent cases involving sexual penetration against the victim’s will by use of physical force, violence, menace, fear, or duress. These cases may also include threats of retaliation against the victim if they don’t submit, or could implicate a person who can’t legally consent because of a mental or physical disability.
These acts can also refer to penetration performed on a victim who is unable to resist because of the effects of a drug, or when there is the threat of incarceration, deportation, or other legal retaliation from a public official. It can also include penetration of someone under the age of 18. How long the penetration lasts makes no difference in these cases.
Rape and Attempted Rape in the Workplace
The legal definition of rape involves a perpetrator engaging in sexual intercourse with the victim against their will. Like instances of forcible acts of penetration, these sexual offenses also include sexual intercourse with someone who can’t legally consent because of mental or physical disabilities, or who is under the influence of drugs or other substances. Rape also includes sexual coercion that relies on threats of retaliation.
In California, all forms of non-consensual sexual assault, including sexual penetration, are considered rape. Attempted rape refers to a perpetrator taking steps to commit sexual assault but ultimately being unable to do so.
Any workplace sexual assault attorney in California from the California Civil Rights Law Group will represent victims of all of these forms of sexual assault that occur in the workplace.
What Proof Is Needed in a Sexual Assault Case?
One thing that our sexual assault attorneys always explain is that the threshold of proof in a civil case is lower than in a criminal one. To prove that the defendant is liable for the losses a victim has suffered, we must show that the assault or harassment occurred by presenting a preponderance of evidence (showing that the assault is more likely to have happened than not). The criminal justice system, on the other hand, requires proving the assault beyond a reasonable doubt, which is often much more difficult to do.
Nevertheless, after a sexual assault incident, it’s essential for the victim to start gathering proof of their abuse or harassment, but that isn’t as simple as they may assume. For one thing, sexual assault victims are often dealing with severe mental anguish and might not know what steps to take. They may delay in reporting the incident, making evidence more difficult to obtain later on.
Be that as it may, the following are the most crucial forms of proof that are necessary after such an incident:
Survivor Testimony
After a sexual assault in California, a victim’s lawyer needs to demonstrate a clear lack of consent. As you may expect, unless there were witnesses present, it can be challenging to establish that. However, one option is the testimony of the sexual abuse survivor. Their account of what happened is essential since it offers insight into the circumstances around the harassment or assault, as well as details that can help prove the lack of consent.
Physical Evidence
Physical evidence is vital, as well. If you suffered bodily injuries, including bruises, tearing in the genital region, or any other harm, pictures of these or medical records can offer a clear idea of what took place. Hair fibers, saliva, semen, and other physical evidence are just as essential, which is why preserving the clothing you were wearing and getting a rape kit done at a hospital or police station can make a significant difference.
Eyewitness Testimonies
If there were witnesses to the assault or rape in the workplace, their testimony can offer further details. Even if they only witnessed the events leading up to the assault, they can provide information on harassment, hostility, and other problems the victim may have had with the perpetrator.
Texts and Messages
Everything from text messages, social media comments, phone calls, and any other forms of communication can be evidence that a sexual assault lawyer in California can use to file a civil lawsuit. They can show the harassment that the victim may have undergone leading up to the incident.
Circumstantial Evidence
There is also circumstantial evidence that a lawyer can use to prove that their client was sexually assaulted or harassed. Such evidence can include signs of a struggle and the behavior of the parties involved after the incident occurred.
When working to prove that sexual abuse occurred, it’s also important to bring up prior similar acts. If the defendant has already been accused of sexual misconduct of any sort, it paints a pattern of behavior that a victim’s legal team can bring up.
What Is the Statute of Limitations on a Sexual Assault Case in California?
Sexual assault cases in California have a statute of limitations that victims must be aware of. These timelines ensure that cases are brought forward when there is still viable evidence available, but they also mean you must act fast after suffering sexual violence.
Keep in mind that the statute of limitations for civil lawsuits is different than those for criminal cases. Those who were adults at the time of their assault have ten years from the date of the incident (or three years after realizing that the assault took place) to file a civil lawsuit. For child sexual abuse, the deadline is set for when the victim turns 40.
Because of the danger of missing out on the compensation they deserve, sexual assault survivors need to contact a California sexual assault attorney as soon as possible.
Taking Action as a Sexual Assault Victim
Sexual abuse survivors often struggle with feelings of shame because of the serious psychological toll the assault has on the psyche. It’s essential to understand, though, that you have recourse.
Even if you’re not sure whether there’s enough evidence to hold the perpetrator accountable via the criminal justice system, you have legal options, including the following:
Reporting the Incident
It’s understandably difficult to take this first step, but it’s essential. Let your employer, HR department, or whoever is most appropriate know of the assault or harassment that occurred.
But don’t stop there; filing a police report is one of the most important steps you can take. Although it’s possible to begin a civil lawsuit without a report, the process will likely be more difficult overall. Additionally, the sooner you file, the more viable the available evidence will be.
Seek Medical Attention
Receiving medical treatment as soon as possible will also help your claim. At the hospital, let your care team know that you were sexually assaulted so they can conduct a rape kit and other vital tests. Often, people hesitate to get medical care because it can feel invasive, but the evidence gathered from these examinations is immensely valuable.
Consult With a Lawyer
As soon as possible, reach out to the team at the California Civil Rights Law Group and allow us to take the necessary steps to file a lawsuit. Assault survivors have a right to request compensation for the losses they experienced, and we can help you do so.
By hiring our attorneys, you have a chance to recover economic and non-economic damages. Economic damages will cover the financial losses you sustained. Medical treatment you need in order to deal with sexually transmitted diseases and other injuries can all be covered, as can psychological help. If you develop post-traumatic stress disorder, depression, or anxiety, for example, you can receive financial aid for future therapy sessions you’ll need.
In many instances, you may not be able to return to work, which means losing out on potential income. If the assault has any type of impact on your work, that, too, needs to be taken into consideration when calculating damages. For instance, you could have been prevented from getting bonuses or being promoted, and you deserve compensation for that.
In terms of non-economic damages, sexual harassment and violence take a serious psychological toll that often leads to pain and suffering, which you can be compensated for. Because they’re subjective, working with our lawyers makes it easier to put a number to them. The severity of the assault, the injuries you suffered, and how it all impacted your life will be carefully considered.
Get Support
As your legal team prepares the case, you should seek support. There are many groups that help sexual assault survivors, offering guidance and allowing you to hear what others have been through. Speaking with therapists or religious leaders can help, as well, depending on your preferences.
Working With California Civil Rights Law Group
When looking for a reliable workplace sexual assault lawyer in California, look no further than California Civil Rights Law Group. Our team has years of experience representing people who have been victims of sexual assault and harassment in the workplace, and we can provide the legal counsel you need.
We are a compassionate and dedicated team that will aggressively fight for your rights. We know the emotional distress you’ve experienced, so you can expect the personalized representation that you need as you navigate the legal system. We are here to protect victims in any way we can.
When you hire us, you won’t have to worry about additional expenses. We work on a contingency fee basis, which means we aren’t paid anything in advance. Instead, we get paid via a portion of your winnings. That ensures that everyone who needs help can receive it without worrying about legal fees.
If you have been a victim of sexual assault or harassment in the workplace, our group of attorneys can guide you through your options. Contact us today to speak with a lawyer about your case.
California Workplace Sexual Assault FAQs
Learn more about the process of beginning a civil action after being sexually assaulted or harassed with the answers to these frequently asked questions:
Filing a civil lawsuit will not help or hurt any criminal case you may have that addresses the same assault. That is why it can be beneficial to pursue both options.
In a criminal case, prosecutors must decide whether to charge someone with a crime, and they must prove that the person is guilty beyond a reasonable doubt. In sexual assault cases, that can be especially difficult, as there may only be circumstantial evidence available.
Civil cases, in contrast, only require a preponderance of evidence, and they do not result in guilty verdicts that send the perpetrator to jail. Instead, the victim is granted damages to cover the losses they’ve suffered.
No. The Fair Employment and Housing Act (FEHA) protects employees from retaliation after they file a complaint regarding sexual harassment or assault. FEHA also protects those who provide witness statements and otherwise help with an investigation. Furthermore, Title VII of the Civil Rights Act protects employees from retaliation for reporting workplace discrimination.
In California, you’re also protected by the California Labor Code section 1102.5, also known as the Whistleblower Protection Act, under which you are protected from retaliation if you report legal violations.
Although you’re allowed to file a lawsuit without legal representation, it’s never in your best interests to do so. These cases are very complex, requiring not only an understanding of California law but also experience regarding the types of evidence that can be most helpful. It’s necessary to have experience in court, as well as a willingness to aggressively defend your rights.
If you miss the statute of limitations to begin a civil lawsuit, you can expect your case to be dismissed. However, it’s not just for that reason that you should start the legal process immediately after the assault takes place or after you learn that it occurred; the more you wait, the more the evidence can degrade, making it more difficult to prove the assault took place.
