Coworker sexually assaulted another coworker

Coworker sexually assaulted another coworker

The victim told me about it and I encouraged her to tell our boss. She did around 20 December. My company is “investigating” the matter, but it’s been almost a month and he (sexual assaulter) is still here… sitting 3 feet away from me. To clarify he did not assault me, but my female coworker. I know them both well (have worked with them for 3 years) and I trust her 100%. He has boasted of his sexual escapades many times in the office and she is a catholic who is saving herself for marriage. They are both in their 20s (I’m in my 30s). I am a sexual assault survivor and I feel unsafe with him in the office. I told my boss this on January 3 after I returned for break and was surprised to see him still here. My boss told me I could work from home while they investigate so I can feel safe. I work in a lab where I can’t do all my work from home and we have merit based raises so I brought up that I feel this could impact my work. Nothing has been done. I want to just walk out. By the way I overheard my boss talking to his boss last week… it seems like they want to cut a position. My boss was asked to rank his 5 team members in terms of value added to the team. He listed us in order: Victim, Me, Abuser, other coworker, other coworker. So it seems he knows we are valuable but nothing is being done. I’m planning on walking out Feb 5 because I can’t take it anymore. I’m not fully vested with my 401k until Feb 2 or else I would walk out now.

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68 Comments

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  1. Anonymous

    the post cut me off. My boss rated us in terms of value as : Victim, Me, Abuser, other coworker, other coworker. So it does seem he knows our worth but it feels like nothing is being done . I’m fully vested 02 Feb and then I’m leaving 05 Feb with no notice. I don’t have anything lined up. I like my job, but I cannot take sitting next to him anymore . It is making me feel, for lack of a better word, crazy.

  2. Anonymous

    What is the size of the organization? Is there some sort of ethics/compliance hotline you can call? Is HR involved? Corporate general counsel? Have you by chance reached out to an attorney?

  3. Anonymous

    We have about 50 people and really no HR. Our CFO is our HR. I haven’t reached out to an attorney because I don’t know where to start and since I wasn’t the one assaulted I feel like maybe I don’t have any ground to stand on.

  4. Anonymous

    I think you kinda do. You feel unsafe in your work environment and your employer is doing nothing to protect you.

  5. Anonymous

    Actually, bystanders have standing to bring sexual harassment claims under federal guidelines if you're in the US. We have annual training on that and it's very clear - as your personal experience illustrates - that this negatively impacts those who have to see/hear the harassment in the form of gross stories/comments or being a confidant of a victim. Please consider a lawyer consult.

  6. JJ

    If you are leaving soon, try to work from home. Also, document everyhing.

  7. Anonymous

    I'm really sorry, it's unfortunate so many leaders don't use their position to fulfill their responsibility.

  8. Anonymous

    Part of the issue here is that an actual assault is a legal matter, not an internal company matter. Why have the police not been called? Your company is not qualified to investigate this issue.

  9. Anonymous

    My coworker did not want to involve the police, because she didn’t want to make a stink. She wasn’t even going to tell our boss. I can’t do it for her, and I wouldn’t want to. It would upset her a lot and I respect her

  10. Anonymous

    You are 100% correct here. It is her place and option to report this to the company and the police. It's not just a matter of respect. It's a matter that you only know this second-hand and, therefore, have no legal standing. Your only standing is to continue supporting her, no matter what she decides. The sad reality is that there is a tiny percentage of rape victims that will report it to the police, and her concerns and embarrassment are the main reasons for this.

  11. Kat

    Your boss and HR don't seem to be taking this sexual assault issue very seriously, which is unfortunate. Have the police been notified and a report filed with them? Even if it's after the fact and they can't collect physical evidence, they can still take a statement. That report should be given to HR as part of the complaint and investigation. If you have an EAP, use those resources to help you and your co-worker get legal and mental health support while you deal with all of this. At the very least, your boss needs to take this seriously enough to move the abuser/assaulter to a different work area or have him re-assigned to a different department. HR should insist on that as well. If not, they are potentially creating a hostile work environment and opening themselves up to a sexual harassment lawsuit. You shouldn't have to quit your job over this. You are your co-worker shouldn't have to see and work with this person daily either. Even if your co-worker is reluctant to make a fuss, encourage and support her to do so. This is the time when advocating for yourself is very important. You both deserve a safe, healthy working environment. If your workplace can't/won't provide that, then it's time to start looking elsewhere. Filing an EEOC complaint over hostile work environment might also be something to look into. Good luck and I hope you and your co-worker can make it through this.

  12. Anonymous

    Thank you. Our company is small (50 ppl) and our HR dept is just our CFO. She said she is talking with legal and investigating, but she’s not keeping me or my coworker updated and it’s been a month. My coworker is not the type to make waves. It took a lot for me to convince her to even tell our company, let alone police. I can try to encourage her again but I think she is drained. She said she’s looking for another job :(

  13. Kat

    Since your company is small and doesn't have real HR department (or any employee assistance program) please encourage your friend to get counseling. There are low cost counseling options available if your company's insurance doesn't cover it. She might need to join a support group to help her process what happened and to realize it wasn't her fault. I would still encourage her to report it to the police, but I know that's not easy for a lot of women in her situation. Consulting a lawyer (even if it's through Legal Aid) is also a good idea. She needs to know what her options are (restraining order, lawsuit, etc.) moving forward, especially if the company doesn't fire the assaulter-which they should. He's a liability and keeping him on the same team with you and his victim is leaving them open to EEOC complaints (hostile work environment, lack of action by boss and HR) and lawsuits. Good luck and thank you for being there for your co-worker. She's lucky to have someone like you in her corner.

  14. maria rose

    If you can wait it out at your employment until a decision is made but plan to also move on to another position outside this toxic workplace environment. The type of work you do ( working in a lab) will always have close quarters and you will have to decide whether to give up your role in the actual setting . You should be valued for your work and your gender identity. As for how this employee is disciplined by your work, you can’t control the decision but you can control how they are communicating in conversations with you. You should not have to deal with hearing comments like described of their actions outside the workplace and any conversation should be strictly work related. Hopefully this will be addressed by the HR department

  15. Anonymous

    Sounds like you've done the right thing by bringing your concerns to your boss. I'd say, work from home when you can (if your responsibilities allow for some remote work). Maybe you can also have your workstation moved further away from this predator. As another has suggested, speak with a labor lawyer. Your boss should have your back. I also would hope that your company has a very strong Anti-harassment policy. If they don't, I'd say it is time to part ways.

  16. Anonymous

    It took place in her car after the company holiday party. She did not want to give him a ride home but he asked over and over until she caved. He was intoxicated, she was not.

  17. Anonymous

    This seems like progress, because it's very hard to fire someone but very easy to lay them off. That said, if I worked in an environment where someone was violent, I'd start looking for another job immediately. I've seen too many psychopaths in leadership positions and a tendency to protect white males over victims. I've never seen someone take a case to HR and not be retaliated against.

  18. Anonymous

    sadly, I agree with you. I too have seen retaliation and HR seems to always take the side of the employer to protect them. HR is not for the people it’s for the company.

  19. Anonymous

    So you don't want to use the offered accommodation of working from home but you "want to walk out"?
    I would suggest you make up your mind.

    Something so serious will not progress on your time table and no one is asking you for guidance of a very confidential investigation. So I suggest you stand down, stop trying guess who is discussing this matter with who. You, like,everyone else will need to live with whatever is decided.

    In the meantime, if you truly feel unsafe, work from home or request another accommodation but please don't interpret the length of time the investigation with the level of seriousness being taken.

    You may think you know everything that happened but the event had nothing to do with nor do you know what the investigation will uncover. Give it time and try and stay professional and keep your distance. Whether this person stays or is let go will be decided in due time. You may then decide whether to stay or go.

  20. Anonymous

    What is your problem? Do you think your blatant hostility towards the poster is helpful or supportive? They came here looking for support, advise and maybe just a place to vent but here you come along being a B. Just stop it. Go look in the mirror and reflect on yourself and figure out how to be a better, more compassionate human being. If you can't manage that, then stay off this site.

  21. Anonymous

    Guessing this was a man's response and many of the male posters on here are not from countries/cultures where violence against women is considered a big deal - it's barely considered a big deal in most Western cultures, honestly. I agree it was a disgusting response, but your choice of terminology made it clear you were assuming female and I wanted to point out that it probably wasn't.

  22. Anonymous

    You don't know what gender the comment is and the fact you felt compelled to defend it as not being the way a woman would respond just points out how little you realize or are willing to recognize that sometimes women are the worst when it comes to supporting other women. I don't really care if the post was written by a man or a woman. Being a B can be either gender. Ultimately the response I commented on wasn't helpful does it matter what gender posted it?

  23. Anonymous

    agreed. this person’s comment is unhelpful and just plain nasty.

  24. Anonymous

    Very strange you didn't mention criminal charges but only mention keeping it with a company complaint. This is odd since sexual assault implies something so much more serious than an HR investigation .

  25. Anonymous

    Yes. Sexual harassment at work rarely rises to the level of assault. It sounds like this is your interpretation due to your personal triggers of past events in your life. Be very careful throwing around assault accusations. An employment harassment claim is not necessarily a criminal claim of assault.

  26. Anonymous

    Let’s not judge OP since we haven’t heard even her side of the story. If she’s using the word “assault,” let’s take her at her word. We are not leading the investigation and she’s asking about her personal comfort, not whether we would fire the accused.

  27. Anonymous

    OP here. I used the term sexual assault because he touched her between her legs with his hands in her car while she was driving as she repeatedly told him to stop. And yes as someone else mentioned, she feels like escalating it to the police isn’t right because he didn’t full-on r**e her with his p***s. And as I’ve stated in another comment, I’m not going to report to police on her behalf because I don’t want to overstep her boundaries.

  28. Anonymous

    I'd recommend both you and your colleague give "Know My Name" a listen.

  29. Colleen Hanson

    My question would be whether or not this occurred during work hours? Were they carpooling to a required work event or to meet with a client together? If not, the company's hands may be tied as far as what they can do legally. I know someone who had a similar situation happen to them, however she voluntarily rode to a non-required work outing with the offending party, thus making it a voluntary outing outside of work so the company could not legally do anything. I will say the company went above and beyond to accommodate her in light of what had happened (let her move to a different area of the building, changed lunch and break times, etc.) however legally they could not terminate him as the actions were completely voluntary (choosing to ride with him to an unpaid "work party") and outside of work hours. They did encourage her to file charges with the local police and told her that would give them a little more leverage to deal with things internally, but outside of an actual police complaint being filed they could not do anymore. I am curious as to why she did not immediately pull over and ask him to get out of her car? If I have to tell someone more than once to stop touching me inappropriately and we are in MY car, I'm pulling over and kicking them out of the car. AND if it is a required work outing, on the clock, I would call my Supervisor, right then and there, and inform them of the situation. I think there is just too much about this story that we are not aware of. Best of luck!

  30. Anonymous

    Pause. Not knowing the structure of your company, my first IMO would be to go your bosses boss and ask for that person be put on an administrative leave, removing them from the business during this time. Usually this gets it more of a priority for a variety of reasons, but if it's found unsubstantiated there are actions that will need to be taken even after that. AND that could be a lot of backpay the company will have the shell out. The accused needs to be removed. Now, it takes time. This is not an easy investigation and mitigating company risks is paramount. The accused may not be aware of the investigation yet, just so you know. Once they've been interviewed it usually is obvious they have been when someone knows what's going on, like yourself. After that interview, there is follow up, unless they come out and admit. History will be looked into, a LOT more research. Without a witness is another factor, even if there wasn't one. Allow them to complete it, as you may not understand all that needs to be completed. I also would love to point out, as you a survivor, and perhaps you can see how far you've come to be able to be close to this and how you're handling it. I bet you're handling it better than you thought you would or are. Breathe. your strength is not going unnoticed to many of us who may not be where you're at with your courage. Be still. Be present. Support your coworker. It would be a HUGE mistake for your boss to cut someone at this time, especially if it's anyone aware or involved in this. THEN after they do their work and if your friend hasn't reported to the police help them do just that. They should do it now, IMO, even with the workplace investigation going on. This could also catapult your company to take this serious, if they're not already.

  31. Anonymous

    I agree with this.

    I'll add- Consider your supports for your wellbeing:

    --contact your support group, hotline, or counselor.

    --consider the WFH accommodation - esp. if being onsite is a trigger.

    --You feeling / being safe matters.

    Take contemporaneous notes to document things - esp. pertaining to your conversations (you may just keep for yourself for now).

  32. Rhyme Penttila

    No.
    Go to HR... shoot, and the PD too

  33. Cindy Glover

    She needs to call the cops PERIOD

  34. Anonymous

    It is very rare that women make false claims of rape or sexual assault. That said, this man is still entitled to a presumption of innocence. His sexual history, her sexual history and faith - none of that matters.

    There are many reasons a victim may not report a sexual crime to police, we all know this, and she is under no obligation to do. But, unless she does and he is tried and found guilty all you have is an accusation. It may be true, but he hasn't been tried and found guilty.

    Speaking to her boss, and I assume he would have to then report this to HR, was very brave of her. She will need support. She may decide to move on anyway. It sounds as though you also need support given your history. However, there is a process that needs to be followed now, and there may never come a point where they decide they can or should stand him down. All you can do is wait and see. Work from home when you can, and focus on yourself and your friend.

  35. Anonymous

    I agree with your post except for the beginning. I have seen women lie about being sexually assaulted when it was consensual. Mainly because of rejection or the guy cheated on them and that’s how they get back at them or they felt guilty afterward. Unfortunately, those that are truly sexual assaulted pay the price for those that make false claims. It works both ways. This is a police matter not a work place matter. Yes. I am a sexual assault survivor.

  36. Anonymous

    I am so sorry about what you went through.

    But, this is a damaging and inaccurate take. There is published research that says false allegations are made 2 to 10% of all SA allegations. Some more recent studies say it’s more like 2-5.6%. And many researchers believe it’s on the lower end.

  37. GirlBossanova934974

    Without any details here, it is very difficult to make any sort of conclusion. The company is in a very difficult civil legal situation. Step the wrong way in either direction and large legal lawsuits could be quickly forthcoming. The most basic thought to keep in mind is not what has been said, it is what can be proven. "He said-she said" type of accusations will not pass in a civil court or a criminal court.

  38. Anonymous

    I don’t understand how this is being dealt with by the company - this is absolutely NOT a company matter and NOT an HR problem. This is a CALL THE POLICE situation.

    if there’s a police investigation then HR and your company can put the employees on leave pending the outcome but pretending this is something HR should be dealing with is naive. At best this is a he said / she said and should be treated as such. You can’t (as HR) punish an employee for something with no evidence and certainly should not be doing anything if it comes to this issue. HR should also call the police now that it’s been reported to them if no one else is. This is ridiculous to even be questioning.

  39. Suzanne Funk

    Yes! The police should have been involved! They still should be!!

  40. Anonymous

    If you’ve heard the male colleague boast about sexual conquests, that by itself warrants a complaint to HR. It may result in the position being cut being the male colleague’s, which is probably the best outcome at this time. My advice would be to read the sexual harassment section of your HR manual very carefully. Most companies claim to have a zero tolerance, which means the colleagues should have been at least reassigned to different departments as soon as a complaint was lodged and while it was investigated. Presumption of innocence, at least in the U.S., is only applicable to criminal courts of law, not the workplace or civil matters.

  41. Anonymous

    So sorry you're having to go through this. If you don't feel safe at work and you've escalated this to your boss and you're not happy with how it's being handled, then it's time for you to go to HR with your concerns to make sure they're officially on the record.

  42. DeborahORell

    If there was assault, that is not employment. That is criminal and she may want to consider calling the police.

    It is not uncommon, unfortunately, for the employer to take forever investigating. I mean seriously. there are a few people to speak to. I never understand how it can take months.

    As for yourself, depending on much you'd like to push it, you may want to at least consider putting your notification to your boss in writing. Creating a paper trail for yourself.

    If you have overheard unwelcomed sexualized conversations, that is a form of sex harassment and should/can be reported to HR. Indirectly you would be supporting your coworker (as well as all the others who are not able to come forward) and making your own claim.

  43. S Tedford

    Call the police. This is a crime!!

  44. Lisa McCartney

    Op is 3rd party and they won't do anything

  45. Anonymous

    Would you friend want to take legal action? That's sadly the only thing that gets employers to take an accusation seriously. If she tells them she is going to do so, they might change their aloof tune.

  46. Aimee Robles

    Unfortunately, if there’s no physical proof they might not do much. It happened to me at the old City i used to work for. That’s what HR told me, I hope this isn’t the case here.

  47. Anonymous

    Get another job as fast as possible. The foot dragging and mealymouth remedy they're giving you is basically telling you and all women that your workplace is a boys' club and if you feel uncomfortable or harassed that's YOUR problem. It's 2024 not 1960, you're not in Mad Men so you don't need to be condescended to, placated, etc.

  48. Anonymous

    If she was sexually assaulted she needs to file charges with the police, not go to HR. This is acriminal matter.

  49. Anonymous

    I'm not sure it's ethical or helpful for a third party suffering from her own past trauma to be discussing someone else's situation and their confidential investigation.

    The OP mentions her boss offering her (the 3rd party) the ability to work from home but she mentions that her comp might be impacted and the goes on to share what she believes she overheard her boss discussing with his boss, the supposed personal decision on the part of the victim based on her religious beliefs....it goes on and on with disjointed detail to paint a picture yet we are to take a 3rd hand account with all of the OPS personal innuendos and chime in and add to the narrative? This does not seem helpful nor healthy.

  50. S Tedford

    As a SA victim and daughter of a rape detective, your opinion is definitely not helpful nor healthy. Names are not mentioned at all. This maybe a hypothetical post, but I guarantee it is currently happening to someone. Sexual innuendos alone are at minimum inappropriate and grounds for a sexual harassment complaint. Sexual assault is considered a crime of VIOLENCE! It is absolutely unacceptable in 2024 that people are still protecting the attacker. I will even entertain that this isn’t just a post, but this is someone’s actual reality, you could have kept your “OP” having thumbs to yourself. Your comment is the reason why this archaic, disgusting behavior is considered the norm! This person wouldn’t have trauma to consider if sexual deviants were treated like the Salem witch trials “defendants” or sterilized (men and women can be nasty perverts).

  51. Anonymous

    Vicarious trauma is a hard thing to manage.

    Neither us nor the original poster has all of the variables to solve for “this he did it to one person, what is the chance he’ll do it to someone else?”

    She can’t calculate risk. That makes it harder to do one’s job well.

  52. Anonymous

    She needs to call the police and file rape charges.

  53. Kathryn

    I was the HR investigating this at my company. End all we terminated his employment and he was arrested coming out of my office. She needs to file a police report if your company wont do anything they will.

  54. Anonymous

    Do your best to separate your discomfort about the anemic response to the victim’s complaint from your discomfort about being around the male perp.

    HR is conducting an investigation and it will go one of three ways: termination, discipline or pretending it was a misunderstanding. Give HR a little grace for not moving swiftly around the Holidays.

    The victim always has the right to file criminal charges (involve police).

    ”Hostile work environment” has to be “pervasive and severe” (ie repeat events) - but if it was to someone actually putting hands on another coworker (or worse) that will hopefully be a one-and-done.

    OP, please try to limit any alone time around the suspected-perp. I am also a lab worker who needs to be in-office some days, I get it. Can you tactfully arrange for your inoffice days to align with the suspected-perps wfh days?

    Lastly, if the OP is terminated for complaining about a threatening work environment, that’s EEOC territory.

  55. Anonymous

    This is such a horrible situation, I’m so sorry for the victim. This is assault.

    I’m sorry but I would go to HR and I would file a police report.

    If you’re not comfortable doing so, I would speak to someone who specializes in SA cases, they could help guide you on how to proceed without compromising your coworker’s autonomy. This could be a SA counselor/advisor, a victim advocate, legal advisor, or a hotline.

    Personally, I would consider speaking with a lawyer as well.

    When speaking with HR, I would be emphatic about concern for your and other women’s safety with this employee around.

    They should suspend this person if they are investigating and building a case for termination.

    Please document, document, document every single thing even if you think it’s irrelevant.

    Take care and good luck.

  56. S Tedford

    Some of these comments are tone deaf and repulsive. I am very aware that some sick individuals lie about being sexually harassed or assaulted, but the fact that women and men can’tgo to work, get theit bag and keep it pushing is asinine. I love being the bad guy…if all the real victims took on the spirit of Aileen Wournos, I guarantee some of you would have “prey” thumbs and ?

  57. Anonymous

    What?

  58. Anonymous

    Ask your boss or (perhaps even better) your HR contact how long the investigation should take *and how the company intends to address and prevent possible assaults in the future.*

    The company’s action plan is especially important, in the event that the investigation does not resolve the situation. If this is a he said/she said situation and lacks corroborating evidence, your male colleague might not be removed.

  59. LORI-ANN BURLINGAME

    Did your female coworker reach out to HR and file a complaint? If not, she needs to talk with them about how to handle this matter. When this indicient occurred, did she speak up for herself? (Did she tell him that she found his actions/behavior offensive? During my tenure in the business worlds, I have had both men and women make sexually advances towards me. These were some of the questions I was asked. )

  60. Michael VanHorn

    Same thing happened at my previous job! A 59 year old man actually aggressively attempted to pull the pants of a young male coworker down at a picnic given by the company to all department staff on company time, on company property! Then same 59 year old man mounted a young man from behind on a small work stool. Both were reported by eyewitness, but this man still works there because actual victims are intimidated in to thinking of they report the incident themselves, they will be terminated because this is what this HR department has done on the past. What can be done?

  61. Anonymous

    file an eeoc report and a police report. at the very least it will open an investigation up and force the employer to take action regarding the employment status of the man and then collaterally would shake things up in how the HR department handles these types of complaints.

  62. Chris Del Nagro

    Did she report this to the police? I sincerely hope so

  63. Samantha Fuller

    This should have been a matter for the police not the company. If they cut either you or the victim you'd (definitely the victim) would have caused for a lawsuit based on retaliation.

  64. Rebecca Milliken

    If it's sexual assault it should be reported to the police. It is a crime. Who cares what the company thinks. Police need to be involved. I know the investigation of sexual assault is inadequate in this country but people still need to report it to the police.

  65. Anonymous

    Make sure you have all of your documentation. I would also be prepared to or file immediately an EEOC complaint. IF your company has a legal department do note the company does have 30-60 days to investigate and they should put this to outside counsel. If they do not have enough evidence that this happened as from your knowledge it is only heresay he is innocent until proven guilty. So your only option is to continue to work from home, come in when needed. Perhaps sit somewhere else. Your involvement in something that did not affect you is concerning because you have put yourself into her situation. Now that being said you should have when you overhead his boasting about exploits spoken up as that does fall into sexual harassment territory. Keep your eyes open to any addition commentary that occurs. Put your head down, get the work done and let the investigation play out.

  66. Anonymous

    Good advice except for the part about it affecting her. It is more than reasonable to fear for your safety and seek clarity, even if it is hearsay. As women, we know we must protect ourselves and look out for one another because many companies and men do not have our backs. The OP should do what she needs to do to feel safe AND has the right to seek clarity which could be construed as involvement. This reinforces a don't ask don't tell mentality.

  67. Anonymous

    Go to HR make a formal complaint.
    Document everything.
    File a complaint with the Division of Civil Rights. Document everything.
    Notify the police if it hasn't been done. The truth about the incident will be discovered.

  68. Ayur care
    Sexual harassment in the workplace is a serious issue that affects both mental and physical health. While testosterone plays a role in men well being, it is important to recognize that sexual violence is about power and control, not hormone levels. Oral testosterone treatment can help men with low testosterone by improving mood, energy, and overall health, but addressing assault requires education, accountability, and professional intervention. https://www.rethinktestosterone.com/blog/low-testosterone-sexual-wellness-hypogonadism-health
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