Learn more about the Sexual Assault Lawsuit, related issues, and how to file a claim with Carter Law Group attorneys.

 

sexual assault and sexual harassment

Knowing the Differences: Sexual Assault and Sexual Harassment

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sexual assault and sexual harassmentMany people struggle to understand the difference between the terms sexual assault and sexual harassment. These phrases are often used interchangeably in everyday conversation, but each has its own legal meaning and implications. Sexual misconduct in any form is unacceptable and can leave lasting impacts on its victims. Whether you’re dealing with a situation personally or supporting someone else, it can be helpful to know the differences.  

Sexual Harassment: Unwelcome Sexual Behavior 

In Texas, sexual harassment is an overarching term that refers to unwelcome behavior of a sexual nature that creates a hostile, intimidating, or uncomfortable environment. This could include anything from inappropriate jokes or comments to more serious actions like unwanted touching or persistent advances.  

A classic example is when a coworker repeatedly makes suggestive comments or sends inappropriate messages, making you feel uneasy. Sexual harassment doesn’t always involve physical contact; even verbal or written communication can qualify.  

There are generally two types of sexual harassment defined by Texas law. The first is called “quid pro quo” sexual harassment, translated literally as “this for that”. Quid pro quo harassment occurs when someone in a position of power demands sexual favors in exchange for job benefits, like promotions or continued employment. It involves a clear link between the victim’s submission to or rejection of the advances and a tangible impact on their job. 

The second type of harassment is “hostile work environment” when unwelcome conduct of a sexual nature is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment. This behavior disrupts the victim’s ability to perform their job effectively. 

In the workplace, sexual harassment is illegal under the Texas Commission on Human Rights Act (TCHRA). This means that if you’re experiencing sexual harassment at work, you have the right to report it and seek legal action if necessary.  But the TCHRA requires you to file a complaint with the Texas Workforce Commission (TWC) within a strict deadline to protect your claim.  A sexual harassment at Carter Law Group can help you with the process of filing with the TWC.  Call us now at 214-390-4173 for a free consultation. 

Sexual Assault: Physical Violation 

The term sexual assault covers a wide range of non-consensual sexual activities, from groping to rape. Unlike harassment, which can be verbal or non-physical, sexual assault involves some form of physical contact. It’s important to note that sexual assault doesn’t always involve violence or force—lack of consent is what defines the act. 

Even if someone didn’t explicitly say “no,” if they didn’t give clear, voluntary, and enthusiastic consent, any sexual contact can be considered assault. The law recognizes that there are situations where someone might be unable to give consent, such as when they’re unconscious, intoxicated, or underage. 

Sexual assault is a criminal offense, and the consequences can be severe, including jail time for the perpetrator. It’s important to understand that sexual assault isn’t just about violent attacks; it includes any non-consensual sexual contact. 

If you were sexually assaulted while in the workplace or while performing work for your employer, you may have a claim against your employer for failing to keep you safe, even if your boss was not the person who assaulted you. 

Distinguishing the Two 

When evaluating a case, the Texas Court will look at six factors to determine whether it is sexual harassment or sexual assault: 

  1. Did the plaintiff’s supervisor offer them a promotion or tie sexual favors to job performance? 
  1. Did the plaintiff’s supervisor’s actions unreasonably interfere with work performance or create an intimidating, hostile, or offensive working environment? 
  1. Was there any discussion of a sexual nature or were there any actions by their supervisor that could be interpreted in a sexual way prior to the alleged assault? 
  1. Was the supervisor’s behavior part of a pattern? 
  1. Had the plaintiff witnessed or reported any prior assaultive behavior by their supervisor or any other manager? 
  1. Did the victim accuse their employer of being responsible for fostering or tolerating a hostile work environment? 

There are important procedural and damages differences in a lawsuit for sexual harassment vs sexual assault.  You should consult with an attorney who specializes in this area of law to determine the best legal strategy for the particular facts of your case. 

Conclusion 

Experiencing any type of sexual misconduct can be devastating and traumatizing for both the victim and any witnesses. Any kind of violating behavior is illegal and should be reported. The process that follows can add to the confusion and stress. At Carter Law Group, we are committed to providing compassionate and expert legal support to those facing these challenging situations. Whether you need help navigating what kind of case you have or pursuing justice after an assault, our experienced team is here to guide you every step of the way. Don’t face this alone—let us help you secure the justice and protection you deserve. Call our line for a free consultation. 

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What Happens After I Report Sexual Assault or Harassment to My Boss Versus to Law Enforcement?

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Reporting your sexual assault or harassment is a difficult decision. Deciding where to report—your employer, the police, or both—can be equally or even more overwhelming. At Carter Law Group, we’ve worked with many clients over the years reporting sexual assault and have seen the courage it takes to step forward. Understanding the differences between these two reporting processes can help you make informed decisions. Here’s what you can expect from each process. 

Reporting sexual assault

Reporting to Your Employer 

Reporting the incident to your employer is a route many people take, especially if the assault happened at work or involved a coworker. Here’s what you can expect: 

Internal Investigation
Once you report the incident, your employer is legally required to investigate. This means they’ll talk to you, the accused, and any witnesses. They might also review emails, security footage, or any other relevant evidence. The duration of this process could vary depending on the employer and the situation. While this system might feel invasive, it’s meant to get to the bottom of what happened.  

Temporary Measures
During the investigation, your employer should take steps to protect you. This might include adjusting your work schedule, reassigning duties, or even placing the accused on leave. These measures are meant to ensure that you feel safe while everything is being sorted out. 

Possible Outcomes
If the investigation finds that the assault did occur, the employer might take disciplinary action against the accused. This could range from a warning to termination. In some cases, they might also implement new policies or provide training to prevent future incidents. Remember, it’s not just about punishing the perpetrator; it’s also about making sure this doesn’t happen again. 

Legal Protections
One of the biggest fears people have is retaliation. But here’s the good news: you’re protected by law. Your employer can’t fire you, demote you, or otherwise punish you for reporting the assault. If they do, you have the right to file a complaint with the EEOC or your state’s equivalent, like the Texas Workforce Commission. And if you’re not happy with how your employer handled the situation, you can explore legal options, including filing a lawsuit. 

Reporting to your employer can have an impact on your work life. It’s important to document everything, seek legal advice if needed, and consider how this might affect your job and your well-being. 

Reporting to the Police 

Reporting to the police is a different experience than reporting to an employer, and here’s how it typically unfolds: 

Criminal Investigation
When you file a police report, law enforcement will start an investigation. Just like your employer, this involves collecting evidence and interviewing you and any witnesses. If there’s enough evidence, they may arrest the accused. The police will try to determine if a crime has been committed and whether they can pursue charges. 

Legal Proceedings
If the police believe there’s enough evidence, they’ll hand the case over to a prosecutor, who may decide to press charges. This can lead to a trial where the goal is to prove the perpetrator’s guilt beyond a reasonable doubt. The legal process can take time, and it might involve multiple hearings and court dates. 

Victim’s Role and Rights
As the victim, you’ll likely be asked to provide testimony or additional evidence during the investigation and trial. You have rights throughout this process, including access to victim advocacy services and protection orders to ensure your safety. You should also be informed of any developments in the case, such as arrests or court proceedings. 

Potential Outcomes
If the perpetrator is found guilty, they could face fines, imprisonment, or other penalties. A criminal conviction can also impact any related civil or workplace cases, potentially strengthening your position in those areas. 

Comparing the Two Processes 

At Carter Law Group, we believe that it is most effective to report sexual assault or harassment to both your employer and law enforcement to ensure that it doesn’t happen again. Understanding the differences though can help you prepare for what is to come.  

Your boss will be focused on resolving issues within the workplace, ensuring a safe environment, and addressing any policy violations. The police’s motive, on the other hand, is about criminal accountability and justice. Additionally, workplace investigations often move faster than criminal cases, which can take months or even years to resolve. The results of workplace investigations are also limited to disciplinary actions within the company whereas criminal cases could lead to legal penalties for the perpetrator. 

Both processes are meant to provide victims with relief and prevent future incidents from happening. Consider seeking legal advice to help you navigate these processes and ensure your rights are protected. The trained attorneys at Carter Law Group are more than capable of guiding you through these difficult decisions and can provide informed, compassionate, and catered advice for your unique situation. Call us today for a free consultation at 214-390-4173. 

To read more about what you can do after being sexually assaulted, visit more of CLG’s posts:

Do I Have Lawsuit For My Sexual Assault?

I Was Sexually Assaulted at Work. What Should I Do?

sexually assaulted at work

I Was Sexually Assaulted at Work. What Should I Do?

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sexually assaulted at work

If you’ve been sexually assaulted at work, you’re probably feeling scared, confused, and unsure of what to do next. First and foremost, you should know that what happened to you is not your fault. The decision to report it is deeply personal, and there’s no single “right” answer. This article will walk you through some options and help you understand the legal protections available to you.

Your Rights: What You Need to Know

Sexual assault anywhere, including at your workplace, is a criminal matter.  But if you were assaulted by someone at or associated with your job, your assault might also be a civil matter.  In other words, you might have a lawsuit against your employer for failing to keep you safe. Federal laws, like Title VII of the Civil Rights Act, and Texas laws, like the Texas Commission on Human Rights Act, specifically prohibit sexual harassment and assault in the workplace. And it doesn’t matter if your attacker is your boss.  Your employer should keep you safe in your workplace.

Should You Report It?

It’s completely normal to have mixed feelings about reporting what happened to you.  Reporting your assault to the police is hard.  But some people find it even harder to report their assault in the workplace to their supervisor or human resources department.   Maybe you’re worried about retaliation, losing your job, or being blamed by the higher ups. These fears are valid, but it’s important to know that the law is on your side. Retaliation—like firing, demoting, or punishing you for reporting—is illegal. If you experience retaliation, you can file an additional claim against your employer.

What Happens If You Report?

Reporting to HR or Management

The first step is usually to report the assault to your company’s HR department or a manager. When you do this, be as detailed as possible in documenting what happened—dates, times, and any communication related to the incident. This documentation is crucial if you decide to pursue legal action.

Your employer is legally obligated to investigate the assault. They should take steps to protect you during and after the investigation, such as adjusting your work environment or providing leave if needed. If they fail to address the situation, you can escalate the issue to someone higher in your company or by talking to a lawyer.

Filing a Complaint with the EEOC or State Agencies

If your company doesn’t take your report seriously or if you’re uncomfortable reporting internally, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s equivalent (like the Texas Workforce Commission).  An attorney like those at Carter Law Group can help you file your complaint with the EEOC or TWC.

If you want to bring a civil legal claim (a claim for money damages) against your employer, you must file your complaint with the EEOC and/or TWC within 300 days of your assault to protect your rights.

Criminal Reporting

Sexual assault is a crime, so you also have the option of reporting the incident to the police. This is separate from any workplace investigation and could lead to criminal charges against your employer. Criminal cases can be complex, but they may result in serious consequences for the assailant, like jail time.

What Can You Expect?

Once you report, an investigation at your work by your employer should begin. This could involve interviews with witnesses, reviewing evidence, and possibly a hearing. Investigations take time, and the process may feel slow, but it’s meant to ensure fairness.

Once an investigation is complete, many outcomes are possible. Your employer may take action like firing or reprimanding your attacker.  Even so, you may still have a valid claim against your employer.

Additionally, you may be entitled to compensation for any harm the assault has caused, like medical bills, lost wages, or emotional distress. A lawyer at Carter Law Group can help you navigate this process and figure out the best course of action for your situation.

Getting Support

You don’t have to go through this alone. Consulting with a lawyer who specializes in workplace sexual assault is a great first step. At Carter Law Group, our trained attorneys can explain your rights, help you file claims, and guide you through the legal process. We offer a free consultation and counseled support the entire way.

It’s also important to take care of your emotional well-being. Seek counseling or therapy to help process what you’re going through. Many organizations provide free or low-cost services for survivors of sexual assault, and taking care of yourself emotionally is just as important as any legal action you take.

National organizations like RAINN and the National Sexual Violence Resource Center offer confidential hotlines, counseling and help finding local resources. Local shelters and crisis centers like the Dallas Area Rape Crisis Center can provide immediate help and connect you with others who understand your experience.

Conclusion

Reporting sexual assault, harassment or discrimination by your employer is a difficult and personal decision. The law is there to protect you, whether you choose to report it immediately or take your time.  Here at Carter Law Group, we understand that this journey to justice is confusing and emotional. We want to make our clients feel heard and get them the justice, safety and support they deserve. Call us today for a free consultation.

For more information, check out CLG’s other blog posts on this important topic:

Sexual Assault in the Workplace: The 7 Risks Teenagers Face

 

Do I Have Lawsuit for My Sexual Assault?

 

What is Sexual Abuse?

Standing Together: Raising Awareness About Sexual Assault on College Campuses

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Today, April 30th, marks the end of Sexual Assault Awareness Month, a critical time to come together and address sexual violence, particularly in our college communities where such incidents are disturbingly common. It’s a month to not only reflect but to act, ensuring our campuses are safe places where students can thrive without fear. As women with children and siblings in college, on these campuses every day, this issue is incredibly important to us. Know the facts, know how to protect yourself, and know what to do if something happens to you or a loved one.

Teal Ribbon signifying support for recognition of Sexual Assault Awareness Month in the month of April.

The Stark Reality of Sexual Assault on College Campuses

The statistics on campus sexual assaults are more than just numbers; they represent real students, real traumas:

  • According to RAINN (Rape, Abuse & Incest National Network), 13% of all students—both undergraduate and graduate—experience rape or sexual assault through physical force, violence, or incapacitation.
  • Among these students, 9.7% of females and 2.5% of males in graduate or professional programs report similar experiences.
  • Shockingly, more than 90% of these assaults go unreported, underscoring the pervasive silence that surrounds these incidents.

Preventive Steps and Personal Safety on Campus

Recognizing risk factors is the first step toward prevention. These can range from substance abuse to poorly lit walkways and unchecked entry points, which create opportunities for perpetrators. But there are ways to reduce these risks and safeguard our students:

  1. Stay Educated: Engage with your campus’s sexual assault prevention programs to learn about consent and recognizing unsafe situations.
  2. Look Out for Each Other: When attending social events, stick with friends, plan check-ins, and ensure everyone has a safe way home.
  3. Secure Your Space: Advocate for the security of your living and study areas by reporting faulty locks or inadequate lighting.
  4. Listen to Your Gut: If something feels off, trust your instincts and remove yourself from potentially harmful situations.
  5. Know Where to Go for Help: Familiarize yourself with campus resources like the health center, security office, and trusted campus personnel.

Awareness and Prevention of Date Rape Drugs

Date rape drugs are substances that are used to facilitate sexual assault by impairing a person’s ability to consent or resist. Common types include Rohypnol, GHB, and ketamine, which can be odorless, colorless, and tasteless, making them extremely difficult to detect when added to drinks. Awareness and vigilance are crucial in preventing the use of such drugs. It’s important for students to look out for signs such as drinks that appear cloudy, have excessive foam, or taste unusually salty or bitter. Additionally, students should never leave their drinks unattended or accept drinks from someone they don’t trust.

If you suspect that you or someone else has been drugged, it’s vital to act quickly:

  1. Seek Safety: Get to a safe place immediately and ask someone you trust to stay with you.
  2. Seek Medical Attention: Go to a hospital as soon as possible for a drug test and to receive any necessary treatment.
  3. Report the Incident: Inform campus security or local police about the incident, even if you’re unsure about pursuing charges. Reporting can help protect others and allow authorities to track patterns of such behavior.

Navigating Reporting Sexual Assault on Campus

Deciding to report a sexual assault can be a daunting process for many survivors, but understanding the role of campus advisors can help. Most colleges have designated staff members—often found in student services or the Title IX office—who are trained to handle such reports with sensitivity and confidentiality. When a student reports an assault to a campus advisor, the advisor’s role is to listen, provide support, and explain the student’s rights and options, including the choice between filing a formal complaint and seeking informal resolution methods. They can also facilitate access to medical care, counseling, and academic accommodations. It’s important for students to know that these advisors are there to support them without pressuring them into any decision. This support aims to empower students to make choices that are best for their personal healing and justice. Additionally, many institutions have adopted policies that allow survivors to report anonymously, which can lessen the burden of coming forward while still taking steps towards personal safety and campus awareness.

Self-Defense Strategies When Attacked Alone

In the unfortunate event of an attack, knowing basic self-defense techniques can be critical. It’s important to remember that your primary goal should be to escape from the situation safely. If you find yourself in a threatening scenario, try to attract attention by yelling or screaming, which can deter the attacker and alert others nearby. If physical self-defense becomes necessary, aim for the most vulnerable areas of the attacker’s body: eyes, nose, throat, and groin. Quick, forceful strikes to these areas can incapacitate an attacker long enough for you to escape.

Carrying and knowing how to use self-defense tools like pepper spray can also provide an advantage, but it’s essential to practice and ensure that these items are readily accessible and legal in your area. Additionally, consider taking a self-defense class offered by many campuses or community centers. These classes not only teach practical defense techniques but also build confidence in handling potentially dangerous situations.

Always trust your instincts—if a situation feels unsafe, try to exit as quickly and calmly as possible. Remember, fighting back physically is a last resort, and the priority should always be to get away from the threat and seek help.

Support for Survivors

For those impacted by sexual violence, remember, you are not alone, and support is available:

  • Medical Care is Key: Seek medical attention promptly to address physical health and preserve crucial evidence, should you choose to report.
  • Emotional Healing: Counseling can significantly aid in managing the emotional aftermath of an assault.
  • Reporting Options: If you decide to report the incident, campus police or local law enforcement can guide you through the process, which can also help prevent further crimes.

RAINN (Rape, Abuse & Incest National Network) provides incredible resources for sexual assault survivors and their family members – access them here https://www.rainn.org/

At our law firm, we are committed to supporting survivors and pushing for safer educational environments. Awareness and education are vital in these efforts. This April, let’s pledge to create a culture of respect and safety that rejects sexual violence on our campuses. Together, we can protect and empower our students.

For more information on CLG’s representation of sexual assault survivors, visit: https://clgtrial.com/sexual-assault/sexual-crimes-on-campus/

Sexual Assault in the Workplace: The 7 Risks Teenagers Face

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Teenage workers are at increased risk of sexual assault and sexual harassment in the workplace.

Teenagers entering the workforce are often faced with a unique set of challenges and vulnerabilities, one of which is the increased risk of experiencing sexual assault and harassment.  In fact, the U.S. Equal Employment Opportunity Commission (EEOC) lists young workers as a key risk factor of workplace sexual harassment.  As they navigate the transition from school to employment, it’s crucial to recognize the factors that make teenagers in the workplace particularly vulnerable to these distressing situations. In this blog article, we will explore the reasons behind this vulnerability and discuss the importance of addressing and preventing sexual assault and harassment in the workplace.

Limited Experience and Knowledge: 

One of the key factors that make teenagers in the workplace vulnerable to sexual assault and harassment is their limited life and work experience. Often entering their first job, they may not fully understand their rights or recognize inappropriate behavior. This lack of experience can lead to confusion, making it easier for perpetrators to take advantage of their naivety.

Power Imbalance:

In many workplaces, there’s a distinct power imbalance between teenage employees and their supervisors or older colleagues. This power dynamic can be exploited by those in positions of authority, making teenagers feel powerless to report or resist harassment or assault. Fear of retaliation or job loss further silences young victims.

Peer Pressure:

Teenagers in the workplace may face pressure from their peers to conform to unhealthy workplace norms. They may hesitate to speak out about harassment or assault for fear of being ostracized by coworkers or labeled as troublemakers. Peer pressure can contribute to a culture of silence that allows harassment to persist.

Inadequate Training and Education:

Workplaces often lack comprehensive training and education programs for employees, especially younger workers. This leaves teenagers uninformed about what constitutes harassment or assault and how to report such incidents. Improved training can empower them to identify and address problematic behavior.

Financial Dependence:

Teenagers may rely on their jobs to support themselves or help their families financially. This financial dependence can create a sense of desperation to keep their jobs, even in the face of harassment or assault. Fear of job loss can trap them in abusive situations.

Limited Support Systems:

Teenagers may lack a strong support system at work, as they may not have established relationships with coworkers. Isolation can make them more vulnerable to harassment or assault and less likely to have allies who can help them navigate these difficult situations.

Stigmatization and Victim-Blaming:

Society often stigmatizes victims of sexual assault and harassment, blaming them for what happened. This stigma can be especially harmful to teenagers who may already be dealing with societal pressures, body image issues, and self-esteem challenges. The fear of being judged or blamed may deter them from reporting incidents.

It’s crucial to recognize and address the vulnerability of teenagers in the workplace to sexual assault and harassment. By acknowledging these risks and working to create safer, more supportive work environments, we can protect the rights and well-being of young workers. Employers, educators, and society as a whole must take steps to educate teenagers about their rights, provide support, and foster a culture that prioritizes respect and safety in the workplace. Empowering teenagers to speak out against harassment and assault is essential in creating a more inclusive and secure work environment for all.

For more information on sexual harassment in the workplace, go to Sexual Harassment | Carter Law Group (clgtrial.com)

Dallas sexual harassment and sexual assault lawyers at Carter Law Group are ready to build a strong and effective case for you. Contact us today. Call (214) 390-4173

 

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Premises Liability Lawsuits in Texas: Sexual Assault Attorneys Seeking Justice for Sexual Assault Victims

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If you or a loved one has been sexually assaulted while on property owned by another person or company, you should contact a sexual assault attorney.

Sexual assault on another person’s property can be a traumatic experience, and in Texas, premises liability laws hold property owners accountable for ensuring a safe environment for their visitors.

An experience sexual assault attorney can help victims consider their legal options.

What is a Premises Liability Lawsuit?

Premises liability in Texas is a legal doctrine that holds property owners responsible for maintaining their premises in a safe condition. When sexual assault occurs on someone else’s property, the victim may have a legal basis to hold the property owner or manager liable for the incident. Key elements to consider in a premises liability case involving sexual assault in Texas include:

  1. Duty of Care: Property owners have a duty to protect visitors from foreseeable harm, which includes taking steps to prevent sexual assaults on their premises.
  2. Foreseeability: To establish liability, the victim must demonstrate that the property owner should have foreseen the risk of sexual assault based on previous incidents, crime rates in the area, or other relevant factors.
  3. Negligence: Victims need to prove that the property owner was negligent in providing reasonable security measures, lighting, surveillance, or employee training that could have prevented the assault.
  4. Causation: It is crucial to establish a direct link between the property owner’s negligence and the sexual assault.
  5. Damages: Victims must also demonstrate the physical, emotional, and financial damages they suffered as a result of the assault.

It’s important to remember that every case is unique, and the legal process can be complex. Consult with a sexual assault attorney to understand your rights, responsibilities, and the best course of action for your specific situation. Legal professionals can guide you through the legal process and help you seek justice.  But generally, if you have been a victim of sexual assault on someone’s property, you should consider the following:

  1. Seek Medical Attention: The well-being of the victim is of paramount importance. Seeking immediate medical attention is crucial for both physical well-being and the preservation of evidence.
  2. Contact Law Enforcement: Report the incident to local law enforcement. A police report can serve as critical evidence in your case.
  3. Preserve Evidence: Preserve any evidence related to the incident, such as clothing, photographs, or any communication with the assailant.
  4. Seek Legal Counsel: Consult an experienced attorney who specializes in premises liability and sexual assault cases. They can help assess the strength of your case and guide you through the legal process.
  5. Gather Witness Statements: Collect statements from any witnesses who were present during the assault. Their testimony can be valuable in court.
  6. Document Expenses and Damages: Keep meticulous records of medical expenses, therapy costs, lost wages, and any other damages incurred as a result of the assault.
  7. Negotiation or Litigation: Your attorney will help determine whether a settlement can be reached with the property owner or if litigation is necessary to secure a fair outcome.

Premises liability cases in Texas involving sexual assault are emotionally taxing, but they play a crucial role in holding property owners accountable for maintaining safe environments. It is essential for victims to know their rights and have the support of an experienced attorney who can help navigate the legal process. By seeking justice through the legal system, victims can not only obtain compensation for their suffering but also contribute to safer premises for everyone in their community.

For more information, please visit Sexual Assault | Carter Law Group (clgtrial.com) or the National Sexual Violence Resource Center.

A potential claimant may feel nervous and uncertain about bringing a legal lawsuit against the sexual abuser. Additionally, understanding court procedures and modifications to Texas law can be difficult and stressful.

Our committed Texas sexual abuse attorneys can assist you if you were the victim of sexual misbehavior or abuse.

Call Carter Law Group in Texas today to arrange your free, no-obligation consultation. Call (214) 390-4173 or submit your case.

Do I Have Lawsuit for My Sexual Assault | Carter Law Group

Do I Have Lawsuit for My Sexual Assault?

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At Carter Law Group, our sexual assault lawyers and the team are privileged to represent women and men who have been sexually assaulted in the workplace, in public spaces, and sometime even private residences. One of the questions we hear a lot is, “Do I even have a lawsuit? I thought this was a criminal matter.”

As always in the law, the answer is, “It depends.”  So, here are some basic scenarios where sexual assault victims can bring a lawsuit to recover money damages.  If you have questions about your specific case, please reach out to us and we can talk about the facts of your individual case.

Workplace Assault

Many people know they can sue their employer for sexual harassment.  But what about a sexual assault at your work?  Or by your boss or co-worker but somewhere other than work?  What if the perpetrator didn’t work for your employer but the workplace assault happened on your work’s premises or while you were performing your job duties?

Many factors go into whether and how you can sue your employer for workplace assault – either sexual harassment or sexual assault.  The law is very nuanced and heavily dependent upon the unique facts of each individual case. If you have been assaulted by anyone at your workplace or anyway related to your work, you should talk to an attorney who specializes in sexual harassment or sexual assault cases.

You can reach us at (214) 390-4173. Or, if its easier for you to tell your story via email, please email us at intake@clgtrial.com.

Assault in Public Places

Many of our clients want to punish the criminal who hurt them, but the attacker most times does not have any money to recover in a lawsuit.  So, they settle for the criminal prosecution process and walk away from claims they may have for money damages because, as the saying goes, you just can’t get blood from a stone.

But, in some cases, there may be parties other than the assaulter who have some civil liability. Texas businesses and property owners have a duty to provide a safe space for people they invite onto their premises. This includes a duty to provide protection from foreseeable criminal activity. Depending on the type of business or space those “invitees” may be customers, clients or just the general public.

Whether the criminal activity was foreseeable is again one of those nuanced questions that depends heavily on the unique factual circumstances of your case.

So, if you were assaulted at a business or in a space where the public is invited onto the property to conduct any kind of activity, you may have a lawsuit against the owner of that space.  To be sure, you should talk to a qualified attorney who handles civil assault cases. You can reach us at (214) 390-4173. Or, if its easier for you to tell your story via email, please email us at intake@clgtrial.com.

 

Do I Have Lawsuit | Carter Law Group 2

Assault in Private Residences

All too often, an offender attacks someone in a private home.  This may be a stranger or someone the victim knows. Depending on the facts of the case, homeowner’s insurance may cover damages related to a sexual assault in the home.

As always, if you have specific questions about the facts of your case, you should reach out to a lawyer who handles civil sexual assault cases. You can reach us at (214) 390-4173. Or, if its easier for you to tell your story via email, please email us at intake@clgtrial.com.

I’m not going to lie—bringing a lawsuit after a sexual assault is hard.  It’s an emotional and difficult process. But for some women, bringing a lawsuit allows a feeling of closure and some recovery.

If you are the victim of a sexual assault, we are so sorry for the tragedy you’ve been through.  We know that a lawsuit for money will not fix what your attacker broke. But if you want a lawyer to fight like a mother, call us. I’m certain we can help.

Contact An Experienced Sexual Assault Lawyer Today

If you are a victim of sexual assault, contact Carter Law Group at (214) 390-4173. We can help you through this emotionally difficult time and get you the emotional care and monetary recompense you are due for your victimization and trauma.

We understand women and men who are victims of sexual assault and we are well known for protecting and enforcing the rights of our clients. Call us now!

Workplace Sexual Assault at 30,000 Feet

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Two American Airlines attendants recently filed lawsuits against their employer for workplace sexual assault alleging their employer failed to protect them from repeated drunken sexual assaults by an American Airlines pilot, John Nelson. Janette Beckman and Leanne Hansen’s lawsuit calls this

a shocking example of a patriarchal playground where almost exclusively male assets known as pilots are allowed to roam free to assault flight attendants as they please, while American sits idly by.

flight attendant alleges workplace sexual assaultMs. Beckman and Ms. Hansen—veteran flight attendants with over 40 years of service—were working a flight departing from Los Angeles, one Nelson was piloting. After departure, Nelson began asking Ms. Beckman for alcohol. When Ms. Beckman denied him, Nelson grew verbally abusive, spewing sexually explicit and sadomasochistic comments at both Ms. Beckman and Ms. Hansen—“I know you like to be tied up,” he taunted. Ms. Beckman stated that he then “grabbed Hansen by her hips, dug his nails into her hip bones and repeatedly pushed against her body.” When reporting Nelson’s behavior, Ms. Beckman and Ms. Hansen were met with apathy from their employer.

Both women eventually left work on stress leave and filed complaints with American Airlines’ human resources department. Even though AA offered them paid leave at first, that offer was retracted and both attendants spent months on unpaid leave while Nelson received paid leave at the same time. After six months Ms. Hansen and Ms. Beckman received a notice from AA explaining that the “appropriate” action had been taken.

But appropriate action had not been taken at all.

In a lawsuit Ms. Beckman and Ms. Hansen filed, they accuse American of allowing “a known sexual predator to drunkenly harass and physically assault lifelong flight attendants who had devoted their entire professional lives to providing excellent service for American’s customers.”  The lawsuit states that while it harbored a known sexual predator for years, it left veteran flight attendants “disgraced among their peers and isolated from the company to which they have devoted the past four-plus decades, just because they had the courage to stand up to a pilot who sexually assaulted and harassed them in the workplace.”

This incident proves that, despite the creation of the National In-Flight Sexual Misconduct Task Force in 2018, not much in the legal department has progressed. The Task Force report, published March 2020, detailed ways airlines should improve the reporting process and prevent more incidents, but this flagrant sexual harassment happened months after the report, indicating that airlines may not be taking the report with the appropriate seriousness.

If you or a loved one encounters a situation in which you have been sexually assaulted or abused, contact the Carter Law Group to receive the compensation you deserve.

For the full report by the National In-Flight Sexual Misconduct Task Force, click this link:

https://www.transportation.gov/sites/dot.gov/files/2020-03/Task%20Force%20Report.pdf

Sexual harassment impacts male, transgender, cisgender, and non-binary employees, too. And perpetrators can be of either the same or opposite sex. Carter Law Group passionately advocates for all of its sexual harassment clients – regardless of their gender or their harasser’s gender.

Let’s meet. And let’s right these wrongs. Together.

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