Sexual assault is a sexual act that one person commits against another unwilling person. Sexual assault has a violent component to it that it makes it a serious charge. Sexual violence that occurs between employees has a high cost to the place of employment. Employees do not want to come to work after incidents of sexual violence, their productivity decreases, and the chance of losing employees due to quitting is high.
Sexual assault is distinguished from sexual harassment in terms of its seriousness. Unwanted teasing and comments, unwelcome stares, sexual advances, and inappropriate communications constitute sexual harassment, while rape or sexual battery are examples of sexual assault.
Who Is Liable?
Employers are liable in some sexual assault civil claims between employees, particularly if the assault happened at the workplace.
The person who alleged to have committed the act of sexual violence is liable. This person may also be the target of criminal charges.
Defendants can defend against sexual assault charges in a number of ways. One is if the defendant can prove that the sexual activity was consensual and welcomed. Another is the defendant can prove that the alleged sexual assault did not take place.
What Defenses Does the Employer Have?
Employers are liable when it can be proven that they knew about histories of sexual harassment, assault, or other kinds of sexual violence and did not take adequate measures to halt the behaviors, discipline the guilty parties, or address the grievances of an employee claiming to have been harassed or raped. If the employer can prove a pattern of trying to address the behavior, their liability can be reduced.
Can an Employee Recover Remedies?
If an employee can prove sexual assault or violence happened in the workplace, they can recover remedies from both the attacker and the employer in some cases. Remedies include compensation for pain and suffering, lost employment time, and medical bills for any injuries incurred during the assault.
Do I Need a Lawyer?
If you have been the victim of sexual assault in the workplace, or if you are an individual or a business accused of sexually assaulting someone in the workplace, you should speak with an employment lawyer right away. A lawyer will help you figure out your best legal options and represent you during all steps of the legal process.
