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Your concern actually raises
Submitted by DakotaLegal on
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Your concern actually raises
Submitted by DakotaLegal on
Your concern actually raises three very different problems, even though they all turn on the same basic facts. One problem is going to be the classic “he said, she said.” The whole episode, if not repeated, may be more of an assault than sexual harassment. Because most of us know there’s not always a fine line between the two, North Carolina also investigates these kinds of all too common incidents as “human rights violations.
1. Was this a criminal assault or a series of unwelcome contact or touching?
Based strictly on what you’ve described, the man’s contact seems to fit the requirements of a second degree sexual assault in North Carolina:
“Sexual Assault: the sexual exploitation, forcible penetration, or an act
of sexual contact on the body of another person, male or female, without
his or her consent.”
She has a right to contact the police, who would investigate the offense as a crime. While nothing in what you described suggests that your daughter has any disability or impairments; anyone who is sexually assaulted and does have an impairment also has extra protections, as well as making hr offense possibly chargeable as a first degree assault. If your daughter does have any disability, then it’s even more urgent to get help. http://www.disabilityrightsnc.org/what-pa Your daughter may also bring a civil suit, including possibly for emotional distress (see what the NC bar says…. http://laborandemploymentlaw.ncbar.org/newsletters/december10lel/emotion...), where the burden of proving this as a civil assault is lower than for a criminal offense. She can also do both. Here is a case where the benefits of bringing a sexual harassment complaint to the federal EEOC is discussed (http://www.eeoc.gov/employees/charge.cfm) is discussed. http://caselaw.findlaw.com/us-4th-circuit/1153657.html
2. Is the employer tolerating this kind of behavior?
If the man making the contact has any kind of supervisory duties, then this is going to do a lot to shift the duty to disprove that an employer met its duty to protect their employees. Check to see what policies the employer has to stop harassment. An advantage to getting this done as soon as possible will also help protect your daughter in case the employer tries to fire her, and tries to hide the real reason. You have a right to go to the North Carolina Human Rights Commission, and to have some secrecy in the process. http://www.doa.state.nc.us/hrc/
3. Will the man be able to claim any sort of encouragement or consent by your daughter?
Keep in mind, this answer is on your side. It actually requires you, and your daughter (if she can) to think about what kind of person this guy may be….out another way, how big a liar might he be? Were there any times the two of them were alone together, at or away from work? He might claim some romantic relationship, e-mails, or phone calls. Just be aware of any way he might try to hide what he did, or whether in his own (possibly demented) mind, or to others you might complain to. Two strong groups in NC are…
NORTH CAROLINA COUNCIL FOR WOMEN
1320 Mail Service Center
Raleigh, NC 27699-1320
Phone: 919-733-2455
Toll-Free 1-877-502-9898
MECKLENBURG COUNTY WOMEN'S COMMISSION
700 North Tryon Street
Charlotte, NC 33609
(704) 336-3210
-Adult Individual & Group Counseling / Case Management / Information & Referral
- Community Awareness & Advocacy
-Professional Training & Seminars
-Legal Informational Services
4. What exactly has your daughter done to avoid, report, discourage, end, or discuss this conduct?
This is not at all meant to put any kind of burden or blame on your daughter. But these kinds of questions are some of the ways any legal process is going to think about proving what happened, and also just how bad it was.
Having a journal to write down the facts, and details about it, will help prove your daughter’s case or complaint. Having friends who will commit to confirming the event also helps. It is very normal for people who have been sexually harassed or sexually assaulted to bottle up what they feel, for fear of retaliation. One study showed almost 40% of all offenses are simply ignored by the victim. This tends to make the job tougher, and eventually just makes the offender get more ‘offensive.’
Your concern actually raises three very different problems, even though they all turn on the same basic facts. One problem is going to be the classic “he said, she said.” The whole episode, if not repeated, may be more of an assault than sexual harassment. Because most of us know there’s not always a fine line between the two, North Carolina also investigates these kinds of all too common incidents as “human rights violations.
1. Was this a criminal assault or a series of unwelcome contact or touching?
Based strictly on what you’ve described, the man’s contact seems to fit the requirements of a second degree sexual assault in North Carolina:
“Sexual Assault: the sexual exploitation, forcible penetration, or an act
of sexual contact on the body of another person, male or female, without
his or her consent.”
She has a right to contact the police, who would investigate the offense as a crime. While nothing in what you described suggests that your daughter has any disability or impairments; anyone who is sexually assaulted and does have an impairment also has extra protections, as well as making hr offense possibly chargeable as a first degree assault. If your daughter does have any disability, then it’s even more urgent to get help. http://www.disabilityrightsnc.org/what-pa Your daughter may also bring a civil suit, including possibly for emotional distress (see what the NC bar says…. http://laborandemploymentlaw.ncbar.org/newsletters/december10lel/emotion...), where the burden of proving this as a civil assault is lower than for a criminal offense. She can also do both. Here is a case where the benefits of bringing a sexual harassment complaint to the federal EEOC is discussed (http://www.eeoc.gov/employees/charge.cfm) is discussed. http://caselaw.findlaw.com/us-4th-circuit/1153657.html
2. Is the employer tolerating this kind of behavior?
If the man making the contact has any kind of supervisory duties, then this is going to do a lot to shift the duty to disprove that an employer met its duty to protect their employees. Check to see what policies the employer has to stop harassment. An advantage to getting this done as soon as possible will also help protect your daughter in case the employer tries to fire her, and tries to hide the real reason. You have a right to go to the North Carolina Human Rights Commission, and to have some secrecy in the process. http://www.doa.state.nc.us/hrc/
3. Will the man be able to claim any sort of encouragement or consent by your daughter?
Keep in mind, this answer is on your side. It actually requires you, and your daughter (if she can) to think about what kind of person this guy may be….out another way, how big a liar might he be? Were there any times the two of them were alone together, at or away from work? He might claim some romantic relationship, e-mails, or phone calls. Just be aware of any way he might try to hide what he did, or whether in his own (possibly demented) mind, or to others you might complain to. Two strong groups in NC are…
NORTH CAROLINA COUNCIL FOR WOMEN
1320 Mail Service Center
Raleigh, NC 27699-1320
Phone: 919-733-2455
Toll-Free 1-877-502-9898
MECKLENBURG COUNTY WOMEN'S COMMISSION
700 North Tryon Street
Charlotte, NC 33609
(704) 336-3210
-Adult Individual & Group Counseling / Case Management / Information & Referral
- Community Awareness & Advocacy
-Professional Training & Seminars
-Legal Informational Services
4. What exactly has your daughter done to avoid, report, discourage, end, or discuss this conduct?
This is not at all meant to put any kind of burden or blame on your daughter. But these kinds of questions are some of the ways any legal process is going to think about proving what happened, and also just how bad it was.
Having a journal to write down the facts, and details about it, will help prove your daughter’s case or complaint. Having friends who will commit to confirming the event also helps. It is very normal for people who have been sexually harassed or sexually assaulted to bottle up what they feel, for fear of retaliation. One study showed almost 40% of all offenses are simply ignored by the victim. This tends to make the job tougher, and eventually just makes the offender get more ‘offensive.’