You have finally landed your dream job. The boss seems so nice and respectful. At first. Then he gives you the “look,” and you know immediately that more would be required from you than your job description. The same is true in sports. A young athlete trains her whole life to be the best gymnast or soccer player but then is sexually harassed or assaulted by a male authority figure on or off the field (then a coach or doctor). Survivors of abuse are often afraid to report the incident or come forward for fear of losing their job or being kicked off the team.
Understanding Concerns About Retaliation
Survivors of sexual assault may fear retaliation if the incident is reported. They are often afraid they will not be believed. Survivors are often concerned that their work career or sports career will be affected if they come forward with allegations of sexual assault or misconduct. Losing a job or being demoted and fear of retaliation from the perpetrator or the perpetrator’s acquaintances can also be reasons for a survivor not reporting the crime.
Per the U.S. Equal Employment Opportunity Commission (EEOC), “Under the laws enforced by the EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age, disability, or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.”
The fear of retaliation can have a huge impact on the mental health of a survivor of sexual assault who has come forward with sexual assault allegations. The survivor may experience anxiety or depression because she is constantly worrying that she may lose her job or be retaliated against by her perpetrator or his friends.
Strategies for Maintaining Anonymity
Maintaining anonymity when coming forward with an sexual assault allegations can be difficult.
In many sexual assault or similarly highly sensitive cases, you will have the option to file anonymously. Lawyers who specialize in sexual assault cases have strategies for filing anonymous litigation, so it is often possible.
Using Pseudonyms
A pseudonym is a fictitious name like “Jane Doe.” The use of a pseudonym when filing a lawsuit is to protect the privacy of the complainant and reduce concerns about possible retaliation. The Legal Information Institute (LII) of Cornell University Law School reports, “Since the judicial system operates under a presumption of the openness of court proceedings, parties are expected to disclose their identities in court actions. However, courts are willing to permit parties to proceed under pseudonyms where parties’ substantial privacy rights outweigh the presumption of openness, like in situations involving sensitive personal matters or threatening physical harm or social stigma.”
Utilizing Support Systems
If you are a survivor of sexual assault, you should absolutely not ignore the importance of reaching out to trusted family, friends, therapy, and support groups. RAINN, Rape, Abuse & Incest National Network says, “Recovering from a sexual assault or abuse is a process, and that process looks different for everyone. It may take weeks, months, or years—there’s no timetable for healing.” RAINN suggests therapy, safety planning, telling your loved ones about the sexual assault, and self-care after trauma.
Choosing Legal Representation Wisely
Finding the right lawyer after suffering a devastating sexual assault can be confusing and emotionally difficult. It is important to find a lawyer who understands and respects your needs, but also has a deep understanding of how to successfully navigate a sexual assault case on behalf of a client. Survivors can be reluctant to come forward and be named because of the stigma it can cause and also because they fear retribution from their abuser. Ethical, hardworking, and professional lawyers who specialize in sexual assault cases understand this reluctance and guide them through the process.
Reputable legal representation is often found:
- Through a recommendation from a trusted friend or business associate or from a sexual assault survivor;
- By researching the previous successful cases of lawyers;
- Through the American Bar Association’s (ABA) Lawyer Referral Service;
- By contacting A Case for Women (ACFW) – ACFW connects women with lawyers who have the experience and the resources to represent them in a sexual assault lawsuit.
Seeking Protective Orders
A protective order is a civil court order that is designed specifically to protect you from someone who harmed or sexually assaulted you. The perpetrator may be ordered, for example, to stay 200 yards from you. The definitions for protective order can vary from state to state. A protective order is apotential option for survivors who fear retaliation from their abuser.
In Texas, for example, to obtain a protective order, you can file an application for a protective order in district court. It can be filed in the county where you live, where the perpetrator lives, or any county where an element (part) of the crime occurred. The process does involve going to court. A lawyer or advocate can help you stay safe during and after the protective order application process.
Protective Orders deter perpetrators from coming near or harming the survivor of the sexual assault. Most commonly, protection orders require the abuser to stay away from a victim, their home, their work, or other places the victim regularly visits.
Taking Action Against Retaliation
Proving retaliation in civil cases can be difficult, but there are some steps to take that can lead to holding the perpetuator accountable:
- Document everything that happens in writing, take and save photographs, and copy saved emails, recordings, and messages;
- Secure and save witness statements;
- Keep all evidence in a safe place;
- Seek counsel from a trusted attorney.
Recording Evidence
Perpetrators can send threatening messages or other attempts at intimidation to the person who has survived this sexual assault as means of retaliation. You have chosen to file a lawsuit against the perpetrator and he wants to retaliate against you. All incidents of retaliation, completed or attempted, should be documented carefully, noting the date, time, and place of the incident and how the incident affected you.
Advocating for Policy Change
Survivors of sexual assault who experience retaliation by the perpetrator deserve stricter laws against retaliatory actions and increased consequences. Julie Goldscheid, a professor at City University of New York Law School reported in an American Civil Liberties Union (ACLU) article, “Is Sexual Harassment a Civil Rights Issue? It Should Be.” She said, “On the legal front, we need to fix loopholes in existing civil rights laws so that they more effectively compensate those harmed by sexual harassment and gender violence as well as do a better job of deterring it.” Ms. Goldscheiad also said, “There is no federal civil rights law that provides a remedy for gender-based violence or harassment committed by a private individual — which is the most common form.”
When the Fear of Retaliation Impacts Your Decision to Come Forward
Fear of retaliation by the perpetrator, be it by the loss of a job, receiving threatening messages or phone calls, or being stalked, is the main reason survivors choose to keep silent about being sexually assaulted. The survivor is afraid of what might happen to her. Finally coming forward and filing a lawsuit to hold the perpetrator accountable can lead to healing and freedom to live your life on your own terms.