The Role of a Sexual Assault Attorney in Supporting Survivors
If you or someone you know is facing sexual assault in the workplace in Los Angeles, reach out to a Los Angeles employment attorney. Whether or not you are confident about wanting to pursue legal claims, consulting with an attorney is always smart; discussing your situation with an expert will give you insight into your options and allow you to make an informed decision. For a variety of reasons, including stigma, fear, and shame, sexual assault goes under-reported. It takes courage to speak up about sexual harassment and to reach out to an attorney.
At Avloni Law, we bring empathy to our attorney-client relationship. We understand that sexual harassment can be incredibly traumatizing and can cause significant emotional distress, including post-traumatic stress disorder, for the survivor. As such, we work with our clients to provide legal advice and support in a way that considers our clients’ emotional needs. We pledge to assist in every way that we can, and to provide our clients with referrals to other support and advocacy resources beyond our legal capacity when needed.
Legal Avenues Available for Sexual Assault Survivors Seeking Justice in Los Angeles
Sexual assault is generally defined as sexual contact that occurs without consent. There may be a lack of consent because the survivor resisted the contact or because the survivor was unable to give consent. Anyone, regardless of sex or gender, can be the victim of sexual assault, and anyone, regardless of sex or gender, can be an assailant. If you are a survivor of a sexual assault or feel that you are in danger, do not hesitate to call 911 for assistance. Your immediate safety is the priority.
Sexual assault is a crime. In sexual assault cases, criminal charges may be brought by the government against the perpetrator. Criminal charges may be intended to punish/rehabilitate the offender while also protecting the public from future assaults. Depending on the facts of the case, criminal charges may lead to imprisonment, retraining orders, fines, probation time, and more.
Sexual assault is also a civil violation. In civil court, survivors of sexual assault may bring a civil lawsuit against the offender, in addition to other liable individuals and parties, for wrongdoing to seek compensation for financial and non-financial damages that resulted from the assault. Depending on the facts of the case, civil claims may lead to financial compensation, restraining orders, policy changes, and more. If sexual assault occurs at work (or at a work-related event), the survivor may bring a civil case against the employer and/or the assailant for sexual harassment.
Federal and California laws also protect employees who report sexual assault at work. If you report a sexual assault to your employer, resist sexual assault in the workplace, or participate as a witness in a sexual assault complaint, your employer may not take adverse action against you as a result. If your employer has treated you unfavorably because you reported or resisted any form of sexual assault, your employer may be liable for retaliation, in addition to failing to prevent sexual assault at work.
Consult with both criminal attorneys and civil attorneys when deciding what legal remedies to pursue.
Holding Institutions Accountable for Institutional Sexual Abuse
Under both federal law and California employment law, employers are responsible for creating a work environment free of any sexual harassment, including sexual assault. Your employer can be held accountable for sexual assault if the assailant was a supervisor or manager at the workplace, or if the employer failed to provide a safe working environment by failing to prevent sexual harassment from occurring. In addition to employers, other institutions such as schools, religious institutions, and businesses are accountable for providing spaces free of illegal sexual assault. If any institution fails to provide an environment free of assault or other forms of sexual harassment, it may be liable.
Institutions, including employers, schools, and religious organizations, may be held liable for negligence or complicity in cases of sexual assault if the assailant was in a position of power within the institution, or if the institution failed to provide a safe environment by failing to prevent sexual harassment from occurring.
If an institution has policies that are clearly unsafe, or if an institution fails to respond in an effective and timely manner to reports of harassment or assault, it may be legally responsible. In order to proactively limit the likelihood of sexual harassment and/or assault, institutions should have concrete anti-harassment policies, provide anti-harassment training, and respond promptly to any reports of harassment.
Navigating the Legal Process with Confidence
Each and every workplace sexual assault and harassment case is different, and the path to resolution is dependent on the parties and the facts of the case, and the unique way that the situation unfolds. However, typically, the process of working with an attorney from consultation to case resolution follows a series of steps.
Assessing Your Potential Claims
Whether or not you have a legal claim, and the strength of that claim, is entirely case dependent and may depend on factors outside of your control. When determining whether or not you should file a lawsuit, it is important to consider not only what happened to you, but a multitude of other factors, including when it happened, what evidence you have to show that it happened, and what else was happening in your workplace at the time. An employment law attorney can help you make legal sense of what you are experiencing and help you decide what your options are based on the facts of your situation. Consult with an attorney to understand your options.
Gathering Evidence to Build a Case
It is advantageous to reach out to an employment attorney as soon as possible regarding sexual assault claims you may have so that they can provide advice on how to ensure your safety and bring a strong case. To hold your employer accountable, you will need to prove that they have failed to provide a workplace free of assault. An employment lawyer can help you compile the evidence that you will need to present a legally compelling case.
Meeting Essential Deadlines
Employment law claims are subject to statutes of limitations. If you miss the deadline to bring a case, you risk losing your right to pursue that particular claim. Contact an attorney promptly so that they can advise you of any pending deadlines that might impact your ability to pursue justice.
Negotiating Directly with Your Employer
An employment attorney may be able to help you negotiate directly with your employer, foregoing the court system. In this instance, an attorney may send a demand letter to your employer or former employer. A demand letter typically lays out your claims, the facts of your case, and warns of your intent to file a court complaint against your employer if they do not agree to negotiate with you.
Usually, a demand letter will include a proposed settlement agreement that you would be amenable to in lieu of pursuing litigation. Your lawyer will draft the demand letter and will likely call you to review its contents before sending it to your employer to kick off direct negotiations.
Filing a Lawsuit
You and your attorney may decide that the best path forward is to file a lawsuit in state or federal court. If this is the path you chose, your attorney will file a complaint in court. The progress of any court case is situational and depends on the facts and interests of the parties.
Your case may resolve quickly or may take years before going to trial. As the case unfolds, your attorney will advocate for you in front of a judge and ultimately the jury, against your employer and their legal team. Having an attorney who specializes in workplace sexual assault litigation will increase your chances of favorable outcomes.
Emotional Recovery and Community Resources in Los Angeles
Experiencing sexual violence can be extremely traumatizing; it is important that sexual assault victims seek professional help from somebody who can provide a safe space and help survivors process their trauma. A sexual assault attorney can point you towards organizations that support survivors, including local crisis centers and therapy programs.
Taking the First Step: Confidential Consultation and Case Evaluation
Sexual abuse and its aftermath are overwhelming; it is important that you have professional help from people you can trust. Contact a sexual assault lawyer, a sexual harassment attorney, or a personal injury attorney who can advise you on your rights, potential courses of action, and be an advocate for you as you move forward.
Consulting with an attorney does not mean that you need to take any legal action. Instead, it will empower you to decide what course of action is right for you. Reach out as early as possible to understand all of your options and set yourself up to be in a position of power.
When you reach out to a law firm for a consultation, you will most likely be scheduled to have an intake phone call appointment. This appointment may be with a legal assistant, a paralegal, or an attorney. The aim of this call is typically to gather the basic facts and timeline of your claims, answer questions that you might have, and assess whether or not the firm may be a good fit for you.
On this initial call, it is important that you are ready with your facts; be prepared to talk in detail about what has been going on, when, and where relevant events have transpired. It is beneficial to you to communicate your situation efficiently and effectively; preparing a timeline of events and writing down notes of important dates, details, and witnesses may be helpful in allowing you to clearly present your case. The intake phone call is also a great opportunity for you to ask any questions that you may have.
Note that even on an initial intake phone call, attorney-client privilege is active, and everything you share is confidential.
Fact Gathering
Following the initial intake call, the attorneys may choose to take a closer look at your case. Be prepared to have multiple follow-up conversations with attorneys to review the facts in detail. The lawyers will likely also request to see what documents you have, and may ask you to submit a timeline of events, in addition to copies of relevant emails, notes, and text messages. Attorneys need to understand the evidence associated with the facts to assess whether or not they can effectively represent you in your case.
Reach Out to a Law Firm Today for a Free Consultation with a Los Angeles Sexual Abuse Lawyer
All employees have the right to work in a safe work environment free of unwanted sexual harassment, assault, or sexual abuse. Unfortunately, sexual harassment, assault, and abuse continue to occur at work. Navruz Avloni is an experienced employment attorney passionate about combating sexual harassment and assault in the workplace. If you are experiencing harassment or assault in the workplace or are looking for a lawyer who can help, reach out to Navruz Avloni for a free consultation.