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