Employees have a right to work in a safe environment free from sexual assault and harassment. Unfortunately, sexual assault in the workplace by a CEO is far more common than many people realize. According to a recent study, nearly 7 million women and 3 million men have reported some type of sexual violence by a perpetrator related to their workplace.
Survivors of sexual assault in the workplace can suffer serious physical injuries as well as long-term emotional difficulties. Sexual assault can leave victims feeling ashamed, humiliated, and confused about how to move forward. When the perpetrator is a CEO, the victim may be worried they will be fired or otherwise retaliated against for reporting the sexual assault.
If you have survived sexual assault in the workplace, you aren’t alone. The compassionate attorneys at Rochelle McCullough can help you understand your legal options, which may include damages for your physical and psychological injuries.
Examples of Workplace Sexual Assault
Far too many Texas employees work in dangerous environments. Sexual harassment in the workplace happens when a behavior of a sexual nature creates a hostile work environment. Sexual harassment can be verbal, nonverbal, or even digital. When sexual assault occurs due to the actions of a CEO or other employees in power, it is considered a severe form of sexual harassment.
While rape is a type of sexual assault, it isn’t the only type of sexual assault in the workplace. Unwanted touching of a sexual nature and other forms of sexual contact may also be considered sexual assault. The most common examples of workplace sexual harassment include rape, groping, and attempted rape.
At-Risk Groups
While anyone can be affected by sexual assault in the workplace by a CEO, it is most commonly committed against female victims. Female farm workers are a particularly vulnerable group. Additionally, members of the LGBTQ+ community are much more likely to experience violent victimization in the workplace, including sexual assault.
Employees in male-dominated, service-based, low-wage industries are likelier to become victims. Additionally, workers who work for tips, lack legal immigration status, and work in an isolated context, such as janitors and domestic care workers, are more at risk. The power dynamic between a CEO and a low-wage earner can embolden CEOs to take advantage of their authority and abuse employees.
Workplace Sexual Assault Can Occur Outside of the Office
Victims can still pursue damages from an employer even when a sexual assault by a CEO occurs outside of the office or other workplace locations or when one or both employees are off-the-clock. When an employment relationship exists between the perpetrator and the victim, it may be enough for the victim to pursue damages from the employer. This is especially true when the incident is severe, has been repetitive, or contributes to a hostile work environment.
The Difference Between Criminal Charges and a Civil Lawsuit
Sexual assault is a serious crime under Texas law. The Texas Penal Code section 22.011 defines sexual assault as any non-consensual, unwanted sexual contact involving penetration. Non-consensual acts can include using physical force, threatening violence, coercion, or even manipulation.
When victims cannot consent to sexual touch due to disability, intoxication, age, fear, or other circumstances, they may have a right to pursue a civil claim for sexual assault in the workplace. Depending on the specific incident, prosecutors can bring either first or second-degree felony charges.
Perpetrators of sexual assault can face criminal charges as well as a civil lawsuit for damages brought by the victim. The civil and criminal court processes are separate. Regardless of whether the perpetrator faces criminal charges, you may have a right to pursue damages. If you’ve survived sexual assault in the workplace, you may have a right to pursue compensation through a civil lawsuit against your employer. However, if the perpetrator is convicted, you can use the conviction of evidence that the intentional tort of assault occurred.
The Benefits of Hiring a Sexual Assault Attorney
At Rochelle McCullough, we see the extensive harm sexual assault survivors suffer. Our law firm has a proven track record of recovering compensation for victims through insurance claims and personal injury lawsuits. When you work with Rochelle McCullough, we will advocate for your rights and pursue the maximum financial recovery possible. Our law firm handles civil sexual assault cases against companies and organizations that allow sexual abuse to occur, whether through negligence or willful wrongdoing.
Proving Liability
Recovering compensation in a sexual assault lawsuit can be challenging. In a personal injury lawsuit, our firm can investigate the sexual assault and gather evidence of liability. When you hire us, we will begin gathering documents, deposing witnesses, compelling testimony, and submitting documents to prove liability.
When employers are responsible for the assault, we will uncover evidence of your employer’s negligence or complicity. By hiring an experienced attorney, survivors can hold abusers and their enablers accountable in sexual assault cases. We may also be able to help you secure access to resources that you may need to obtain medical treatment and help you in the healing process.
Damages Available for Sexual Assault in the Workplace by a CEO
You may have a valid claim for monetary damages for physical and psychological injuries. The main categories of damages in workplace sexual harassment cases include back pay damages, emotional harm, reinstatement or front pay damages, and punitive damages. Victims can also pursue damages for their out-of-pocket costs and reputational harm. Victims can pursue damages for expenses incurred due to sexual harassment, such as medical bills for treatment of emotional distress, along with fees for career counseling and job search costs.
Survivors of sexual assault often face significant emotional harm and losses. Emotional distress damages are awarded to compensate victims for anxiety, depression, and panicked feelings. They can also pursue compensation for post-traumatic stress disorder, clinical depression, loss of enjoyment of life, and mental anguish. At Rochelle McCullough, we regularly work with medical and financial experts to carefully determine the total amount of damages survivors need and deserve.
Contact a Dallas & Hot Springs Sexual Assault in the Workplace Attorney
We understand that many survivors are concerned about speaking out about workplace sexual assault for fear of losing their jobs. With skilled legal representation, survivors may be able to hold perpetrators liable for their behavior. At Rochelle McCullough, we admire and respect our clients and provide them with experienced legal guidance while recognizing the sensitive and confidential nature of these cases. Contact Rochelle McCullough to schedule an initial consultation with a skilled sexual assault attorney in Dallas.
We extend our personal injury legal services to help clients with workplace sexual assault cases throughout Texas, including Dallas and Fort Worth, as well as in Hot Springs, Arkansas. We are committed to advocating for your rights and securing the compensation you deserve.