Key Legal Steps to Take After Experiencing Sexual Assault at Work
Experiencing sexual assault at work is deeply traumatic and can disrupt every aspect of your life. For some victims, knowing their rights empowers them to take the difficult steps for getting justice. If you are dealing with the aftermath of an assault, consulting a California workplace sexual assault lawyer can help you gain confidence to hold your perpetrator responsible. These experienced legal professionals can guide you through the complex legal process of filing sexual assault claims and pursue maximum compensation to help you on the road to recovery. Taking legal action not only helps you heal but also fosters safer workplaces for everyone.
The BD&J sexual assault lawyers are available 24/7 to talk to survivors, answer questions, and schedule free case evaluations.
Steps Survivors Should Take After Experiencing Workplace Sexual Assault
#1 Seek Medical and Emotional Support
Immediately after being sexually assaulted at work, seek medical attention. Advise medical professionals about the assault so they can conduct a rape kit if necessary and help collect evidence of the crime. Delaying medical care can cause you to lose extremely valuable evidence and weaken your case. Getting yourself help can feel nearly impossible after the emotional effects of sexual assault, so call a trusted friend or family member for support handling the situation. Survivors should also know there are various therapy, counseling, and employee assistance programs that can help in the up-hill battle of recovering from this kind of crime.
#2 Contact Law Enforcement
Sexual assault is a serious crime and should be reported to the authorities as soon as possible. Making an official report with the police can help create a record to track repeat offenses and show that you are serious about seeking justice. When you report sexual assault to law enforcement you can choose to press charges, initiating a police investigation of the crime. Many survivors fear reporting due to the potential for retaliation or even embarrassment, but you are legally protected from workplace retaliation. Victims can report sexual assault confidentially to the police, and get referrals to counseling, legal services, and other resources.
#3 Report the Assault Internally
Notify your supervisor and/or HR as soon as possible following the incident. Internal complaints create official records of the assault which can be valuable evidence to support legal cases, so even if you fear HR will not take your claim seriously, this is an important step in seeking justice against your attacker. Survivors are often concerned they could lose their job if they report a case of sexual assault, but there are various laws in place protecting your employment.
#4 Contact a Workplace Sexual Assault Lawyer
Depending on the circumstances of your assault there could be strict timelines to comply with to protect your legal right to hold your attacker responsible for their crime and the damages they caused. A California workplace sexual assault lawyer can be essential if internal complaints fail to fix the problem or if retaliation occurs after reporting the assault. Seeking legal counsel early after an assault can help you understand your right to get compensation for the damages suffered. Talking to a lawyer soon after an attack can also lead to quicker resolutions and better outcomes for compensation and justice. Lawyers can help you stay informed and involved in criminal investigations and proceedings as well as pursue a civil lawsuit against your attacker, and if necessary, hold employers responsible for any discrimination or wrongful termination.
#5 Gather and Preserve Evidence
Your lawyer can help you to gather critical evidence to build a strong case against your attacker. Documenting actions by the perpetrator leading up to the abuse, photographing injuries caused by the assault, and getting statements from witnesses can all be vital in building a winning case. A workplace sexual assault lawyer in California can help request a copy of the police report, the harassment report from your employer, and any information gathered in their investigations that help support your claims.
#6 File a Formal Complaint or Lawsuit
Seeking civil justice and compensation through a lawsuit against a perpetrator of sexual assault starts by filing a formal complaint with the Equal Employment Opportunity Council (EEOC) or the California Department of Fair Employment and Housing (DFEH). A lawyer can help you write your complaint to ensure important details are not missed. Either the EEOC or DFEH will investigate the report and will then issue a right to sue letter, meaning you and your lawyer can now initiate a civil lawsuit against the attacker. A civil lawsuit is separate from criminal charges, and the result of any criminal investigation will not impact the outcome of the civil lawsuit or the amount of compensation you can receive.
#7 Fight for Justice and Compensation
Survivors of sexual assault in the workplace play an important role in preventing future abuses when they report and hold their attackers responsible. Dealing with being a victim of sexual assault is challenging enough, so we have great respect for survivors that choose to report their attack and seek justice. We are dedicated to helping victims recover maximum compensation for damages like emotional anguish, lost benefits, medical bills, and attorney and court fees, among others. Call BD&J today to get trusted legal support on your team while you fight for what’s right!
FAQs
What legal protections exist against retaliation for reporting workplace sexual assault?
Both the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 protect employees from discrimination or retaliation when reporting sexual assault in the workplace. If you lose your job or face discrimination related to reporting sexual assault, contact a workplace sexual assault attorney in California for help.
How long do I have to file a workplace sexual assault claim in California?
Generally, victims of sexual assault in California have 10 years from the time of the attack to file a lawsuit against their attacker. There are a few exceptions to this timeline, including if the victim was a minor or if the attack occurred before 2019. When a minor is sexually assaulted in California they have until they turn 40 to file a lawsuit. If the sexual assault occurred between 2009 and 2019, victims have a unique opportunity to file a lawsuit before the end of 2026.
What should I expect during a workplace sexual assault lawsuit?
After a right-to-sue letter is issued by the EEOC, your lawyer will draft an official complaint outlining your claims against the perpetrator. Both sides will exchange evidence, documents, etc. during the discovery process, and the two parties will negotiate in attempts to reach a settlement agreement. While many cases are resolved through a negotiated settlement, it’s possible that your case could go to trial. If this happens, your lawyer will do everything in their power to protect you from the challenges of a sexual assault trial.
How is my privacy protected during a workplace sexual assault claim?
BD&J sexual assault lawyers will do everything they can to protect your privacy during your case. Specifically, they will use pseudonyms, seal sensitive records, and provide media guidance if necessary. Lawyers can replace your name with initials or an alias in legal filings whenever possible. Although legal filings are public record, lawyers can request to limit public access to medical and personal details. Finally, when resolving the case your California workplace sexual assault attorney can include confidentiality clauses in the settlement agreement to ensure your privacy and maintain confidentiality moving forward.
How to choose the best workplace sexual assault attorney in California
When you fall victim to sexual assault in the workplace, you deserve to have fierce legal counsel on your side to help stand up to abusers. It should be easy to find a great California lawyer experienced in cases of sexual assault in the workplace if you follow these steps:
- Look at case histories to find a lawyer with an extensive history winning workplace sexual assault cases. A long history of success shows that the lawyer is not intimidated by challenging cases or fighting powerful defendants.
- Read client testimonials to understand what it is like to work with a potential lawyer and look for someone who can treat you with the respect and compassion you deserve after being the victim of an attack.
- Schedule a free consultation to get to know a potential lawyer before hiring them to work on your case. Come to your consultation prepared with any questions about your case, the lawyer, and anything else you are concerned about.
Supportive Lawyers for Victims of Sexual Assault
The BD&J team has more than 20 years of experience defending the rights of Californians winning more than $2 billion* in compensation for our clients. We believe in supporting victims of sexual assault in the workplace and holding perpetrators responsible through every extent of the law. If you were sexually abused at work, don’t suffer in silence, contact the BD&J team of sexual assault attorneys to get the justice and compensation you deserve.
