Ending Sexual Assault in the Workplace

Most of us have worked in an office or school setting where there’s always that creepy guy (or gal) who tells off-color jokes, verbally requests sexual favors, or makes lewd gestures.  What that person is doing is called sexual harassment rather than sexual assault.  This article will focus on sexual assault in the workplace as it (sexual assault) remains a critical issue.  Workplace safety and dignity are basic rights even though sexual assault in the workplace is a major concern.  This article will define the problems, explore its causes, and provide strategies for prevention and accountability.

What is Sexual Assault in the Workplace?

Sexual assault is illegal and it’s a crime.  In the workplace sexual assault is any physical sexual act or behavior that happens without your consent and is unwanted.  This can include, but not be limited to:

1. Forced intercourse
2. Unwanted fondling, touching, kissing or groping
3. Attempted rape
4. Rape

This sexual violence can be perpetrated by another employee, the boss, manager, coworker, clients, or vendors of a company.  It can happen away from the office, for example, at conferences, events, or client dinners.

It can be confusing to distinguish between sexual harassment and sexual assault because some sexual behavior can mean harassment and assault.  Sexual harassment means any unwanted remarks or behavior of a sexual nature, like:

1. Telling off-color jokes
2. Making inappropriate comments about someone’s body or their appearance
3. Making lewd gestures, staring, leering of a sexual nature
4. Unwanted touching of any body part
5. Sending or sharing vulgar pictures or pornography

As you can see, there is some overlap.  However, sexual assault in the workplace amounts to physical sexual acts performed without consent; sexual harassment is unwanted remarks or behavior of a sexual nature.

Working in a hostile work environment is stressful.  A hostile work environment occurs when an employee is the recipient of unwelcome verbal or sexual conduct that makes their job so uncomfortable that the entire environment no longer feels safe or appropriate.  To women especially, trust your gut:

1. If you think something is off, it is.
2. If you think someone’s behavior is harassment or abuse, it is.

If your boss, supervisor, coach, doctor, or someone in a position of authority over you makes — or has made — you feel uncomfortable in a sexual way, it was not right and could be worthy of a sexual assault lawsuit.

“File a lawsuit,” you say?  “I don’t know the first thing about filing a lawsuit.”  “How can I find out how?”  By contacting A Case for Women (ACFW), a women-owned organization that was founded in 2015 with a mission to change the narrative about lawsuits  by helping women who have been harmed by corporate wrongdoing find their inner power and fight back through civil legal action.  ACFW will compassionately speak with you and guide you gently through the legal system.   ACFW can be reached by calling (866) 488-4786 and leaving a number so your call can be returned by a kind and caring team member.

The Scope of the Problem

Unfortunately, sexual harassment and sexual assault statistics, in general and in the workplace, are alarming.  The prevalence and impact of sexual abuse, assault, and harassment in the U.S. are widespread and underreported and impact everyone in the community.  The National Sexual Violence Resource Center (NSVRC) reports “One in five women in the United States experienced completed or attempted rape during their lifetime,” and “Sexual assault is about power and control—not desire. And it doesn’t require physical violence to be serious. Emotional manipulation, threats, or psychological pressure are just as harmful and just as real.”

With roughly every minute that passes, an American, usually female, is sexually harmed. RAINN (Rape, Abuse & Incest National Network) reported on July 5, 2024, that it’s every 68 seconds. But less than 5% of survivors today come forward to report what happened to them. That means more than 95% of survivors STILL are agonizing in silence.  Survivors of sexual assault often suffer with long-term mental health issues.

When you started your dream job, you expected the environment to be safe.  You didn’t know that sexual assault is common in a workplace environment.  You didn’t know that you could be vulnerable to sexual assault by a co-worker, your boss, your supervisor, or any other authority figure.  Be aware!

Of course, sexual assault can happen anywhere but there are certain industries that are most affected by sexual assault.  The hospitality industry includes restaurants, hotels, bars, and resorts.  The employee is face-to-face with the customer (like a waitress or bartender) and thus more vulnerable to sexual assault or harassment.  Workers in hospitals, nursing homes, home healthcare, or other healthcare settings can be victims of sexual assault and harassment.  The power dynamics in the entertainment industry can cause people to be subjected to unwanted advances or inappropriate behavior, and they can be expected to perform sexual favors in exchange for a role in a movie or other benefits.

It’s hard to imagine but even doctors are guilty of sexual assault.  Physicians have a trusted place in our society, but some violate that trust by sexually assaulting patients under the façade of legitimate treatment.

Of course women need to defend themselves, especially when being sexually assaulted, however, there are many myths about women defending themselves. This article will mention one:  If someone is making you uncomfortable, don’t look them in the eyes. WRONG!   Eye content is a confident gesture and can be a deterrent to someone who has malicious intent.

Contributing Factors

What are some factors that contribute and enable sexual assault in the workplace?  The fact is that most industries and workplaces have a power dynamic (either positive or negative) that can influence the employees and the environment.  For example, the boss can believe he exerts a certain power over the employees, allowing him to demand sexual favors in exchange for a promotion or other benefit.  Also, people are not aware of the prevalence of sexual assault in the workplace because most victims/survivors of sexual assault do not report the incident.  They have a fear of retaliation (losing their job), and decide to remain silent.

The Impact on Survivors and Organizations

Sexual abuse can take a toll on a person’s emotional health.  The survivor may suffer anxiety, stress, anger, humiliation, and depression and even post traumatic stress disorder (PTSD).  They may have feelings of guilt and shame and suffer low self-esteem.  In the workplace, a survivor of sexual assault might suffer financially because the assault has caused her the burden of taking time off and not being able to work to earn money and of paying for doctor and therapist appointments.  Her career is impacted negatively because of financial stress and the inability of being able to advance in her career.

A company or organization where the sexual assault occurred can also suffer because of the incident:  frequent turnovers of employees,  damage to its reputation, and legal liability for failing to provide a safe environment.

Strategies for Prevention

Employers can stay ahead of the incidence of sexual assault in the workplace by developing and updating policies and practices that address sexual misconduct.  Employers should communicate to the employees the standards of behavior that are expected and clearly define the roles and responsibilities of the people who respond to reports or incidence of sexual misconduct.  Comprehensive training should be provided to leadership, together with independent reporting systems and leadership accountability.  RAINN says that stopping sexual misconduct starts with strong policies.

Legal Responsibilities of Employers

Being the employer or the boss is not all it’s cracked up to be.  Employers have legal responsibilities and obligations that they are required to have under state and federal laws.  These laws are for the protection of the employees.

Title VII of the Civil Rights Act of 1964 (Title VII), makes it illegal to discriminate against a person on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and transgender status), or national origin. The law also protects you from retaliation if you complain about discrimination, participate in an employment discrimination proceeding (for example, a discrimination investigation or lawsuit), or reasonably oppose discrimination (for example, resisting unwanted sexual advances or helping protect co-workers from unwanted sexual advances).

The mission of the Occupational Safety and Health Administration (OSHA) is to ensure that employees work in safe and healthful environments by setting and enforcing standards, and by providing training, outreach, education and assistance.  It is important to note that all organizations and employers are legally required to provide safe work environments.

Different states may enact their own workplace legislation; for example, a state may allow higher minimum wages or longer leaves than federal law requires.

While Title VII prohibits employment discrimination against a person on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and transgender status), or national origin, Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.

You can see the importance placed on preventing discrimination in our workplaces and schools and protecting our workers and students.

What to Do if You Experience Sexual Assault in the Workplace

The thrill of landing your dream job was destroyed when your boss started making advances toward you, forcing himself on you, trying to kiss you. To make matters worse, he threatened your job if you didn’t comply with him.  Although you told him “no,” he persisted until he hurt you in the most terrible way possible.  What do you do?  There are some immediate steps to take:

1. Make sure you are safe. Seek medical attention, if necessary. Have a Sexual Assault Forensic Exam where DNA evidence is taken from your body, clothes, and other personal belongings.
2. Call the police and report what happened. Sexual assault is a crime.
3. Report the assault to H.R. or an authority in your workplace.
4. Document everything! Write down everything that happened: the time, the place, witnesses.
5. Seek legal counsel. Don’t know where to turn?  Contact A Case for Women, a woman-run and woman-led business founded in 2015 with a mission to encourage and empower survivors to hold those accountable who have hurt them.  ACFW refers the survivor to a lawyer who is already passionate about the issue at hand even before he or she connects with the client.
6. Understand the statute of limitations.

You can ask your attorney about the statute of limitations because understanding the statute of limitations may mean the difference between successfully seeking justice or losing the chance forever.  There is no universal national law regarding the amount of time someone can come forward for a lawsuit over sexual assault. The way that our system works, these types of lawsuits rely on state laws, meaning the specifics (such as time limits) vary based on the state.  Determining the date can be very confusing so it’s important to contact a knowledgeable and experienced lawyer OR talk to the team at A Case for Women.

Additionally and importantly, A Case for Women is an excellent resource to thoroughly and compassionately educate and empower you through the legal process.

Ending sexual assault in the workplace is possible as workers create a culture of respect and accountability in their workplaces.  To be and feel safe, workers need specific, understandable policies.  They need a healthy workplace, free of sexual violence.

Sexual assault survivors:  Sexual assault is not your fault and you are not alone.