Just like anytime someone is accused of Sexual Assault, if you are accused of Sexual Assault or any type of sexual misconduct in the workplace, it is especially important to seek the advice of an experienced Sexual Assault Defense Attorney immediately.
In fact, when a Sexual Assault allegation arises out of the workplace, the urgency of getting in touch with an experienced criminal defense attorney who regularly defends those accused of Sexual Assault is even more urgent.
This is because when the allegation arises in the workplace, you are especially likely to be pressured to say and do things that might seem like a good idea at the moment to save your reputation, your job, or your position. But those very things might work against your best interest in a criminal investigation or when criminal charges are filed.
Everyone has heard "Don't speak to police! Exercise your right to remain silent!" But what if (for now, anyway), it isn't the police trying to talk to you (yet, that is)? What if instead at the moment, it's your boss, your company HR Department, or someone else in a position of power over you and your livelihood? You may hear things like this...
- "We need to talk to you about this. We've got to get your side of the story."
- "Your job may depend on this."
- "You don't have to say anything, but we need you to write out a statement. We just need it for your personnel file."
- "You have a meeting today at 2:00 - we need to discuss this and get to the bottom of this. We've got some people coming in from Corporate who need to speak with you."
- "We'd like to have you speak to Corporate Counsel (i.e., our Attorney)."
- "You can contact an Attorney of your own if you want." (But...)
- "If you didn't do anything wrong, you've got nothing to worry about."
- "Don't worry, your Union Rep can put you in touch with an Attorney if you really feel you need one. They'll have somebody for you."
- "We've got it all on video. Three of your fellow employees have already made statements."
- "We just need you to sign something. It's no big deal - all this means is..."
- "If it was consensual, just say so and it won't be that big of a deal."
- "We're not saying you did anything illegal. All we're asking is, you would agree if you did have sexual contact with him/her, that wouldn't be in accordance with company rules / policy, right? You can at least admit that much, can't you?"
- "No one is even saying police will get involved for sure."
- "I'm not tellin' you what to do, but trust me, I've been around here long enough to see these kind of things play out before. If you try to fight this, it'll only get worse."
- "We're here to help you. We're looking out for your best interests..."
- And so on...
Those examples don't even begin to address the pressure and ridicule you might be experiencing from gossipy co-workers on top of everything else.
So what should you do if you are accused of sexual assault in the workplace?
Simple - you should contact an Attorney immediately. Here’s why…
It’s one thing when the allegation arises outside of the workplace and the first communication you receive is from a police officer, or detective. There are simple, basic rules that most attorneys would agree with.
But when dealing with the workplace, the situation is far too complex for simple advice. You absolutely need individual advice specifically tailored for your unique circumstances. This is so because of the inter-play between company policies and procedures, the need to protect your livelihood or professional licensure, and the ever present possibility of a police investigation and criminal prosecution for criminal sexual conduct charges. What may be good for you in one respect can harm you in another, possibly even putting your liberty in jeopardy – and if you like most people, nothing could be a higher priority.
The purpose of this article is not to offer advice, but to help you see for yourself, the necessity of contacting attorney, who can give you specific advice. For that and other reasons, we cannot advise you on exactly what you should do for your unique situation.
Instead,, if you are accused of sexual assault in the workplace, you need to contact an attorney immediately, and we recommend an attorney with experience in defending those accused of criminal sexual conduct in Michigan.
TO SPEAK, OR NOT TO SPEAK...
Right this very moment, there’s a criminal defense attorney somewhere in the United States, instructing their clients in no uncertain terms, not to make any statements whatsoever about the allegations against them. “Not to anyone,“ the attorney, warns “not even family, friends, and especially not police.“.
But what if you’re being told by your employer that the failure to make some kind of verbal or written statement, either on paper or in an email, failure to answer verbal questions, or even refusal to sign something that’s been pre-written for you without your input could get you punished at work, demoted, or even fired? If you like most people, you’re not likely to just ignore some thing like that. You might be thinking “I’ve got a family and kids to feed, and a mortgage to pay. I didn’t do anything wrong, so what’s the harm? I want to get this over with and feel normal inside again!”
Unfortunately, although completely normal, those are the exact thoughts and emotions that could cause you to dig yourself a deep hole, and even lead to criminal charges for Criminal Sexual Conduct despite that you’re totally innocent (or if sexual contact did occur, even if it was consensual). The fact of the matter is, only an attorney who understands your life, your family, your needs, your priorities, and the requirements of your company, and your job along with all of the laws that apply across the board will be able to specifically tailor an approach best suited to your best interests in all respects.
This is a lot like a parent accused of Sexually Abusing their child, and now Children's Protective Services (CPS) is involved. They're going to want to talk to that parent, and because a Neglect/Abuse matter is civil in nature (i.e., not criminal), refusal to speak can be held against the parent in that venue and potentially and can even put their parental rights in jeopardy. Still, anything that parent says to CPS can be used against them in a criminal case charging First Degree Criminal Sexual Conduct (a life offense), Second Degree Criminal Sexual Conduct (a 15 year felony), or any other Degrees of CSC in Michigan. In other words, a person's parental rights can seemingly be put into direct conflict with their very liberty - which is obviously also essential to parenting.
Yes, it is true that you could say or do the wrong thing in an effort to save your job and end up losing everything and even land in Jail or Prison as a result. And therefore it is almost always true that remaining silent is the absolute best approach from the point of view of protecting against possible criminal CSC charges for Sexual Assault, but there are many nuances to that concept (for example, the Fifth Amendment applies only to interactions with government agents such as Police and those deputized to act on their behalf). But what if there was a simple, truthful statement you could make to your employer at relatively low risk and save your job or your position - wouldn't you want to know that?
Unfortunately, there is no "one size fits all" approach, which is why the focus of this article is to highlight why you should speak to an attorney, not to try to predict how they will advise you - because even they won't know until they speak to you, learn the facts, and start working on your case. That's about as much as can rightfully be said here.
A CONFLICT OF INTEREST?
Another reason anyone accused of Sexual Assault in the workplace should contact an attorney immediately is that not only might your interest in keeping your job be in conflict with your best interests in the event of a future prosecution for Criminal Sexual Conduct, but your best interests overall may be in conflict with those of your employer in general.
There are no absolutes, and some employers do genuinely care about their employees. But generally speaking, when a Sexual Assault allegation arises in the workplace, the employer is concerned about potential liability. They do not want to be sued.
At Prain Law, PLLC, we concentrate on defending those accused of Criminal Sexual Conduct charges in Court. As the name suggests, those are criminal charges where liberty is at stake, not civil lawsuits for Sexual Assault. But one accusation can lead to both.
Because we do not to civil, we won't delve into it, but the bottom-line is that someone claiming to have been sexually assaulted could file a civil lawsuit for money, independent of criminal CSC charges brought by the government. Because the accused individual is most often not wealthy, they strive to go after the "deep pockets" and hold some other person or entity vicariously liable, such as an employer by alleging negligent hiring, supervision, or a host of other factual claims.
Now, take a look at that bullet-pointed list above. Many of those innocent and even friendly sounding phrases could be a veiled attempt by your employer to get you to say or do things that will relieve them of any claim of responsibility. Thus, in looking out for their own interests, they could put you in a situation where you say or do things that work against you in the context of a Criminal Sexual Conduct police investigation or charge.
As you can see, this is serious business. Call an attorney immediately!
PROFESSIONAL LICENSES
As a final note, if you are accused of Sexual Assault in the workplace and you hold a professional license related to your employment, you could also face negative consequences regarding that professional license, including an independent investigation by the licensing authority (such as LARA).
Just like the above, any statements you make in connection with such investigations could potentially find their way into a police investigation for Criminal Sexual Conduct charges.
Therefore, if you are a physician, accountant, lawyer, teacher, paraprofessional, pharmacist, or hold any other position requiring a special occupational license, the need to contact an attorney immediately just multiplied exponentially.