Sexual assault, battery, and harassment all involve the injury from an attacker to a victim, but the terms are different from one another. Let’s discuss what each term means. If you have questions after reading this article, consult with an expert attorney with experience handling sexual assault claims in the workplace. Our experienced lawyers at the top-rated Normandie Law Firm will be available to take your call.
Assault: An action that might inflict physical harm or unwanted touching.
Battery: The actual infliction of force or violence onto a victim.
Assault and Battery: The act of threatening a person followed by physical contact.
Sexual Harassment: Any form of unwanted sexual advances, like comments or gestures. Unwanted and inappropriate touching is the most common and most obvious kind of sexual harassment.
Sexual Assault: Any sexual conduct that occurs without consent, like rape, attempted rape, sodomy, and fondling.
As you can see, the definitions of the terms listed above are very different. However, the terms are still related. Assault can be interpreted as the verbal aspect of sexual harassment. A manager might be making comments that lead you to believe that he or she might be capable of inflicting physical harm or unwanted touching. Sexual assault and battery fall under the same category of inflicting force or violence onto a victim.
If you are being victimized in the workplace, you have rights. If you are being sexually harassed, you are being discriminated against based on sex, and you need to contact the correct authorities to handle your situation.
Unfortunately, there is not a specific legal cause of action for sexual assault. As demonstrated above, the terms seem to blend together at times. So what legal action can you take if you were a victim of sexual assault? You have a few different options. Here are the different lawsuits you can file:
- Assault and Battery—as previously described, assault and battery can happen separately or simultaneously. Assault and battery includes the initial threat of causing harm and the actual infliction of harm.
- Intentional Infliction of Emotional Distress—this covers conduct that causes severe emotional trauma in the victim. Sexual assault like rape, attempted rape, sodomy, and fondling can cause severe emotional trauma in victims.
- False Imprisonment—this refers to the forced confinement of an individual. For example, an attacker might lock a victim in an office while he or she proceeds to commit a sexual assault. Other places in which a victim might be falsely imprisoned include elevators, staircases, utility closets, and restrooms.
- Negligent Infliction of Emotional Distress—this involves any individuals that witnessed the crime. For example, if another employee in the office saw a supervisor sexually assaulting a female coworker, the witness might suffer from emotional distress. Emotional distress might include feelings of guilt for not showing up sooner and possibly preventing the assault.
All of these causes of actions listed above are the possible claims that you can file if you were a victim of sexual assault. If you were a victim of sexual assault, it might be frightening to speak up and file charges against your attacker. You are not alone; you can sue your boss for sexual assault with the help of an expert sexual assault attorney. The top legal staff at Normandie Law Firm wants to help you seek justice. Call us today to speak with a skilled attorney with expertise in sexual assault injury lawsuits.
Sexual Harassment in the Workplace
Sexual harassment in the workplace can be difficult to tackle. A job site should be a place where you can grow as a professional. Your co-workers and bosses should ideally respect you for the positive attributes you contribute to the office. However, sometimes the workplace can become a frightening place. Sexual Harassment is a form of sex discrimination according to Title VII of the Civil Rights Act. There are different types of sexual harassment in the workplace: quid pro quo and hostile work environment. Under quid pro quo sexual harassment, a supervisor or manager demands that the victim tolerates the sexual harassment in exchange for keeping the job and continuing to receive benefits, promotions, and raises. Under hostile work environment harassment, conduct is unwelcomed, based on sex, and created an offensive or abusive work environment. Incidents of sexual harassment must have happened repeatedly to consider the work environment hostile. While Title VII offers victim protection at the federal level, states have their own set of laws for sexual harassment in the workplace.
Under Title VII, the employer may or may not be liable for the sexual harassment. Here are instances when the employer is liable for the sexual harassment:
- There were actions of firing, demoting, or negative changes in responsibilities.
- The harassment resulted in a hostile work environment.
- The employer knew or should have known about the harassment.
Regarding the hostile work environment, the employer might not be reliable if he or she exercised reasonable care to prevent further harassment and took corrective actions to stop it, or if the employee refused the corrective measures.
Under California’s laws on sexual harassment, employers are always liable for the sexual harassment caused by a supervisor or manager. If a same-level co-worker was the person behind the harassment, the employer will only be liable if he or she knew or should have known and did not take immediate corrective action.
You need to contact a sexual harassment attorney as soon as possible. You can sue the manager for sexual harassment. You can also sue your employer for sexual harassment if they were aware of what was happening to you. Do not let your attackers get away with their foul actions; contact an experienced attorney today.
Statute of Limitations
As sexual harassment is a form of discrimination in the workplace, you will have to take specific measures to file your case. If you want to file a civil lawsuit under Title VII, you must send a complaint to the Equal Employment Opportunity Commission (EEOC) within 180 days of the incident. After the EEOC investigates you will be able to file a lawsuit. To file a claim with the California Department of Fair Employment and Housing, you must do so within one year of the incident.
If you were not a victim of sexual harassment but instead a victim of sexual assault, there is no statute of limitations determining a time limit to file a claim. If you believe you may be eligible for any exceptions to the statute of limitations, call a qualified attorney who has experience in sexual assault cases.
Normandie Law Firm
Normandie Law Firm is a personal injury law firm that wants to help you receive the compensation you deserve for everything that you have been through. Normandie Law Firm understands the injustices you have faced, and we want to make things right. We will do whatever it takes to support you during this tough time.
Normandie Law Firm offers all clients the convenience of free consultations. You might not be sure about wanting to commit to filing a lawsuit against your employers. Feel free to come in for a free consultation; our accomplished attorneys with experience in sexual assault cases will explain all the information relevant to your situation. We will cover all the details about filing a lawsuit and we will start you on the path to your legal claim. Our law firm also offers free second opinions. The outcome of your case largely depends on the competency of the lawyer handling your case. If you already have a lawyer, you might be experiencing a lack of attention being given to your case. Many lawyers only care about going through a high number of cases in the least amount possible. This might result in cases being ignored or neglected. At Normandie Law Firm we promise to treat you and your case with the utmost respect. We will always give you and your case as much time as necessary to go through each and every question and detail. Our lawyers care about you and want your lawsuit to end with a positive outcome.
Sexual assault, battery, and harassment can leave victims traumatized for long periods of time. We understand the stress that can result from being a victim of these horrendous crimes. We might not be able to heal your mental and emotional wounds, but we can try to give you a peace of mind. Our law firm offers our clients a Zero-Fee guarantee. You never have to worry about finding the money to cover legal fees. Our law firm will never charge you any upfront fees. Because we are strictly based on contingency, you will not pay anything for our legal services until our trusted attorneys win your case. Contact Normandie Law Firm as soon as possible to get started on your claim with the assistance of a lawyer experienced in sexual assault cases.
