Attorney for Sexual Assault at Work in San Diego County

Sexual harassment and assault in the San Diego County workplace are unlawful under both state and federal law in California. Yet reporting sexual assault at work to the police can result in mixed results in terms of prosecution. Indeed, according to the Rape, Abuse & Incest National Network, for every 1,000 cases of rape that occur, only about 13 of them are referred to a prosecutor to move forward with criminal charges, and only about seven of them, on average, will result in a conviction. According to the Washington Post, another way to think about the data is that fewer than 1% of rape and attempted rape cases result in a felony conviction.

Those numbers do not take into account lesser criminal charges for other forms of sexual assault or abuse that might occur in the workplace, but they are a stark reminder that the criminal justice system does not always serve survivors of sexual violence. In those numerous circumstances, survivors of sexual assault may be able to move forward with a civil lawsuit instead. An experienced San Diego County sexual assault lawyer can speak with you today about your options.

There are various laws in place designed to prevent sexual assault and other forms of sexual abuse in California workplaces, including criminal and civil laws. California laws criminally penalize various forms of sexual violence perpetrated in workplaces, but as we noted above, it can be difficult for criminal allegations to result in charges and, ultimately, convictions. State and federal civil laws allow employees to hold employers accountable for acts of sexual violence and abuse that occur in the workplace under certain circumstances, including:

• Title VII of the Civil Rights Act of 1964, a federal law that prohibits sexual harassment in the workplace; and
• California Fair Employment and Housing Act, a state law that prohibits unwelcome sexual advances and other actions and language of a sexual nature or that are intended to create an intimidating, hostile, or offensive workplace.

Other civil laws in California may also allow you to file an injury claim against your employer if a sexual assault occurs at work or while you were involved in a work-related activity. In addition to potentially holding an employer accountable civilly for sexual assault that occurs at work, you may also be able to file a civil claim against the perpetrator. In some cases, your employer and the perpetrator are the same person.

Generally speaking, California law will allow you to file a lawsuit for sexual assault anywhere from three years to 10 years from the date of the original act of violence, thanks to a recent expansion of the statute of limitations. However, some claims must be filed sooner after occurring in a workplace, so be sure to seek legal advice as quickly as you can.

Sexual assault can be perpetrated by employers, managers, co-workers, and even third parties (such as clients or customers) with whom you interact as part of your job duties. If you were sexually assaulted at work in Southern California, it is critical to find out more about filing a civil lawsuit against the perpetrator or another liable party. You may be able to seek financial compensation. An experienced lawyer can help you with your case. Contact a San Diego County sexual assault attorney at the Walton Law Firm who can speak with you today and can provide you with more information about your options after assessing your case.