Legal Guide

Can I File a Lawsuit If I've Been Sexually Assaulted at My Job?

Most people rise up in outrage when they hear about sexual assault, and for good reasons. Sexual assault is a heinous crime that can have a lasting impact on the victim's life. And a workplace is supposed to be a safe place, where you can feel comfortable and confident in your ability to do your job without fearing for your safety.

So, if you've been sexually assaulted at your job, it's only natural that you would want to know if you can file a lawsuit against your attacker and/or your employer. The answer to this question is not always straightforward, as several factors can affect whether you have a valid legal claim. But in general, if you've been sexually assaulted at work, you may be able to file a lawsuit against your attacker and/or your employer, depending on the circumstances. Here's what you should know about pursuing a sexual assault in the workplace lawsuit against your employer or attacker:

You May Have a Claim Against Your Attacker

Sexual assault is a crime, and as such, you may be able to file a criminal complaint against your attacker. This is true even if the assault occurred at work. In many states, sexual assault is considered a felony, punishable by imprisonment and/or significant fines. In addition to pursuing a criminal case against your attacker, you may also be able to file a civil lawsuit. A civil suit is a separate legal action from a criminal case, and it allows you to seek monetary damages from your attacker. To win a civil sexual assault lawsuit, you have to prove that your attacker assaulted you and that the assault was intentional. You will also need to show that you suffered harm as a result of their assault. In addition to physical injuries, harm could also include emotional distress, and/or financial damages.

You May Have a Claim Against Your Employer

In some cases, you may also be able to file a lawsuit against your employer if you were sexually assaulted at work. This is because they’re legally obligated to provide a safe environment for their employees. If your employer knew or should have known about the sexual assault risk at work and failed to take steps to protect you, they may be held liable for any resulting damages. For instance, if you were sexually assaulted by a coworker, and they knew or should have known about the coworker's history of sexual misconduct, they may be held responsible if you can prove that they failed to take action to protect you. To win a lawsuit against your employer, you will need to show that your employer was aware of the risk of sexual assault at work and failed to take steps to protect you from that risk. You will also need to prove that you were actually assaulted at work and suffered harm as a result.

If you believe you have a valid claim against your attacker or even employer, don't hesitate to reach out to an attorney, as they will help you understand your legal rights and options. Pursuing a sexual assault lawsuit might come across as daunting, but with the right help and support, you can get through this.

Conclusion

It's not only a traumatic experience, but a sexual assault at your job can have a lasting impact on your life. It is important to know that you have legal options and filing a lawsuit against your employer or attacker might be the right thing for you. A legal expert can help you determine if you have a valid claim and what the best next steps are for your particular case.


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