Sexual assault in the workplace, as well as harassment or abuse, is a widespread problem. It impacts all races, genders, sexual orientations, disability statuses, and many other factors. If you have been the victim of sexual assault in the workplace, you need to speak to an attorney as soon as possible.
What is Sexual Harassment?
Federal law dictates that it is unlawful to harass a person because of that person’s sex. Sexual harassment is defined by its impact, not its intent. The conduct must be unwelcome to be considered sexual harassment. This can include behaviors such as:
- Unwelcome sexual advances
- Verbal or physical harassment of a sexual nature
- Lewd gestures
- Leering behavior
- Requests for sexual favors
- Inappropriate statements
- Sexually explicit jokes, emails, or texts
Harassment vs. Sexual Assault
While these terms may often be used interchangeably, they are not the same. In fact, there are key differences. So, what is sexual assault in the workplace?
Sexual assault is defined as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” This includes rape, fondling, or inappropriate touching.
What to Do After Sexual Assault in The Workplace
If you believe that you have been sexually assaulted, there are steps you need to take to protect yourself and seek justice. These include:
- Seek medical attention immediately.
Medical professionals can treat sexually transmitted diseases, lacerations, internal bleeding, and other physical traumas. Additionally, healthcare professional can provide you with a sexual assault examination kit. This process, which is conducted by a certified sexual assault nurse examiner, consists of a sexual assault forensic exam that collects valuable evidence such as DNA, blood samples, and injury photographs. Medical professionals can also help you find support for psychological and emotional trauma associated with sexual assault.
- Contact Police
Sexual assault is a crime, no matter where it occurs. It is important for survivors of sexual assault to report the incident to the local authorities immediately.
- Notify Employer
If sexual assault occurs at work, you need to notify mangers or human resources of the incident. Filing an incident report can protect you, and others at work, from suffering further harm.
- Surround Yourself with Support
After you are physically safe, surround yourself with supportive friends and family. Sexual assault survivors often experience a wide range of emotions. This can include depression, anxiety, and dissociation. It’s important to have support. To combat depression, anxiety, and PTSD, survivors often seek guidance from a mental health provider.
- Consult with an Attorney
If you have experienced sexual assault in the workplace, its import for you to know and understand your legal rights and consider all your options. The law in this area is tricky and has undergone recent changes. An experienced sexual assault attorney can help you understand your options and choose the best path for you.
Can I be Fired for Reporting Sexual Assault in the Workplace?
No. Your employer does not have the right to punish, intimidate, or otherwise retaliate against you. If this does occur, you can file a retaliation claim. These are taken seriously, and your employer can still be held liable for it. If you think that you are being punished, or fired, for reporting sexual harassment or assault in the workplace, you definitely need to speak your attorney about that as well.
Virginia Sexual Assault Attorney
Everyone deserves a safe work environment, but that’s unfortunately not the case. Sexual harassment and assault still occur on a regular basis in workplaces all across Virginia and the United States. If you believe that you have been the victim of sexual harassment or assault in the workplace, you can schedule a consultation with our attorneys. We have the experience and resources needed to tackle these complex cases. Our attorneys offer aggressive, compassionate legal representation every step of the way. Contact Cook, Craig, and Francuzenko today.
