A. Understanding Sexual Assault and Battery at Work

Assault, battery, voyeurism, and other sexual claims in the workplace can come about in a lot of different ways. They all have one thing in common: the harasser takes advantage of someone who is in a compromised or vulnerable position. It may sound cliche, but these types of workplace misconduct are all about power.

For more than a decade, our team has held assaulters and harassers accountable, big and small, for sexual misconduct in Washington and Oregon. We are here to listen. We are here to help.

The McHugh Law team is experienced in holding sex abusers in the workplace accountable. We have represented countless victims of sexual harassment and assault. We have the experience and knowledge to take these cases and achieve justice for our clients. We want our clients to be empowered to take back control of their lives and bodies, and ultimately be compensated for what has happened to them.

We understand how alone and lost victims of sexual assault feel, and we empower our clients to fight back. If something like this happens to you at work, you may feel isolated, alone, or like there is nothing you can do about it. If you are unsure about what constitutes sexual harassment, sexual assault, voyeurism, our previous blog is a good place to start: “What Types of Comments or Behaviors Qualify as Sexual Harassment at Work?”

Examples of the types of cases that we have litigated in the Pacific Northwest include the following sexual harassment, assault and voyeurism cases:

1. Assault and battery. The chiropractor that uses the whip or riding crop to “motivate” his employees. See full article: “Four Women Suing Vancouver Chiropractic Clinic and Its Owner for Alleged Sexual Harassment.”
2. Joking or threatening sexual assault. The male coworker that jokes about sexual assault and corners a coworker and pins him against a table. See full article: “Ex-employee sues Battle Ground Les Schwab, alleging sexual harassment”
3. Voyeurism. The nighttime janitor with a history of filming victims, installs cameras in the workplace to video intimate areas of a coworker’s body. See full article: “Cowlitz County PUD employee sues utility provider for hiring janitor convicted of sex crimes”
4. Assault and the Lack of consent. The manager in the chiropractor’s office insists on massaging you, but starts to go lower and lower to massage your buttocks and other sensitive areas, but never asks for permission or consent.
5. Sexual harassment. The coworker that laid on the floor acting out sexual positions during a company-sponsored happy hour at the office. “Ex-employee accuses Ryan Hurley, Hurley Development of sexual harassment, discrimination”

B. How to Build Your Legal Case (The Evidence Guide)

1. File a Police Report.

If you believe treatment that you experienced in the workplace breaks the law, report it to the police. Don’t wait for the employer to do something if you think it is illegal. If you find out that someone is videoing you without your permission, is threatening you or you are touched in a way including if the harasser hits you, you are whipped, something is thrown at you, or someone touches you in the intimate areas of your body such as your butt, breasts, inner thigh, crotch, and related areas, contact the police and file a police report, and provide as specific details as you can. Be aware that this is likely not the only time that you are going to have to recite the details of what happened, so be as detailed as possible. Be sure to obtain or ask for a copy of the statement that you provide to the police.

2. Try to get evidence in writing.

Sometimes the best way to obtain evidence of harassment is by following up in writing in text, email, or other messages. Don’t be afraid to call it out: “Hey, the way you grabbed my hand and told me you loved me really took me by surprise! Moving forward lets try to keep it professional.” Another way to document the behavior is if you have a witness, try sending a text to the witness, affirming what happened. “Hey, you saw that John grabbed my butt earlier. That was so uncomfortable! Anyway, I really appreciate your support, and I am here for you too!” The key is having a way to put a time stamp on the abuse, and creating ways to confirm that it happened and taking it out of the “he-said-she-said” situation.

3. Take photos.

If you can, take photos of offensive drawings, pictures, graffiti or other conditions. Photos of harassing conditions or conduct can be extremely valuable. Remember that you are potentially going to be presenting a case to a judge or a jury. And as the cliche goes, “a picture is worth a thousand words”. If something can be photographed, discretely take a photo! We have used many different photos as evidence in our cases, that have led to great success. Obviously be mindful about policies related to taking photos or having cameras in the workplace. You don’t want to get in trouble for violating company policy.

4. Make it clear to the harasser that the unwanted behavior needs to stop.

One of the elements of sexual harassment, is that it is “unwelcome” or “unwanted”. Unfortunately, harassers often respond with “she wanted it”. That’s why it is important to make it clear in a documented way that harassment is not welcome and that it makes you uncomfortable. It could be as simple as sending a text saying: “Hey, please don’t call me “baby” at work. I’d prefer to keep our communication professional. Thank you!”

5. Report the incident to the employer in writing.

If it is a small employer, they may not have a reporting structure for reporting harassment or assault. But you will want to report the behavior to a supervisor, human resources, or other person in a position of authority over you. If there is a reporting policy, review the policy and try to follow it as best you can. You may not be able to wait, but you may want to wait until you have concrete evidence of harassment before you report it. This is why it is crucial to have witnesses or evidence of harassment if you can.

6. Be consistent.

Once you have reported sexual assault or sexual battery, be sure not to change the details of what you reported. Although it is gross, the accused, defense attorneys, and other involved parties are going to scrutinize every change you make in the details that you report. Be sure to be consistent and keep the details as close to the same as possible. We understand that you might recall other details later, but just try to be as consistent as possible.

7. Request an independent investigation.

Once you report sexual misconduct in the workplace, ask the employer to do an independent investigation. Be sure to provide evidence and a written list of witnesses for the employer to review. It is often telling that an investigation is bogus if the employer has a biased investigator doing the investigation, or they ignore certain evidence or witnesses.

8. Document conversations with the employer in writing.

Do whatever you can to document conversations in writing with the employer. Ask if you can record the conversation. Ask for an independent witness to be on the call or in the meeting. Take diligent and contemporaneous notes. Once the meeting is over, immediately send a follow up “recap” email detailing the conversation. As an example: “Just to confirm, I noted that I am concerned that John grabbed my arm yesterday and I requested an investigation. You responded that my concerns of assault are not “substantiated” and you will not be conducting an investigation.” Documenting these types of conversations have been the saving grace in many of our cases. Follow up to every in-person meeting or phone call with management, HR, and the harasser.

9. Gather personal contact information of witnesses.

If you have witnesses of the specific conduct, ask them for their personal phone numbers or email addresses. If you don’t know it, ask them for their last name. We often ask our potential clients or clients for witnesses and they will say “I only have their work phone number and email address”, or “yeah my witness is Phil from accounting, but that’s all I know”. It helps to have a list of witnesses with their full names and personal contact information.

10. Request separation from the harasser.

Request that moving forward, or at least while an investigation is going on, that you would like to not work with the harasser. Ask if the harasser will be suspended. Even after reporting sexual harassment or sexual assault, if the employer is forcing you to work with the harasser, ask what they can do to limit or avoid contact while the investigation is going on.

11. Video or audio recordings.

In some instances you may be able to record your conversations. However, be aware that in Washington and Oregon, in certain situations, if you record a conversation without someone’s knowledge or consent, you may be held criminally liable. Be careful and talk to an attorney before recording conversations.

12. Keep a journal.

If the harassment is so prevalent, keep a list of dates, times, and the offending behavior. We recently had a client who emailed herself every time she heard or saw harassing behavior by her coworkers. She then printed out those emails before termination. These emails were outstanding evidence of the sexual harassment later.

13. See a mental health professional.

Sexual harassment, sexual assault, and other sexual behaviors take a mental and emotional toll. These things are traumatic. You will want to work with a professional, if you can, to help you recover. They can also help you along your journey and give you the tools necessary to deal with the issues. This can also be helpful witness testimony and evidence later on.

14. Don’t let them keep you quiet.

It is improper for Washington employers to request or demand that you stay silent about sexual harassment ot assault. Your voice matters. Your body matters. You do not have to endure this abuse in silence.

CONCLUSION

Reach Out Today and Let Us Fight for You!