Can I fail a police report on "sexual harassment " at work ?

Asked 11 months ago - Austin, TX

Is sexual harassment a legal/criminal issue?
There was a person at work that was grinding on me. I told the person to stop but she refuses. Everything was caught on camera. Later that night she actually showed a photo of her bare buttocks to me. I talked to management and they are taking steps to avoid working on the same shifts.
Management are aware that she has verbally asked for sexual favors from coworkers in the past.

However, it hasn't been working that well
. Even though I verbally told her no to talk to me at all (since management does try not to put us on the same shifts ) . She still does it.
Is this something I can make an police report with wilco for? what is the statue of limitation? It has happened a month and a half ago. Should I go to HR instead ? I am uncomfortable.

Attorney answers (5)

  1. Kevin Rindler Madison

    Pro

    Contributor Level 18

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    Answered . I am located in Austin and my firm handles cases throughout the state. Yes, she has committed a simple assault, pursuant to Texas Penal Code Section 22.01, which is a Class C misdemeanor that can be filed in municipal court (Georgetown?). Additionally you can possibly pursue an EEOC claim against your employer but many employees prefer not to do this and my firm concentrates on asserting claims directly against the perpetrator, rather than the employer in situations like yours. Feel free to call me without any obligation to hire me for a free consultation. I wish you the best my friend.

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  2. Mishka L Marshall

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    Contributor Level 17

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    Answered . You should probably report the fact that this woman continues to sexually harass you HR. You have other options that you should explore and should immediately talk to a local employment attorney. Be aware that there are specific time limits involved, so don't delay in speaking to an attorney. Good luck.

  3. Joel Efrem Cohen

    Contributor Level 11

    4

    Lawyers agree

    Answered . Based on your description, you would be wise to speak with one of us (lawyers) as soon as possible so as to strategize how to handle this problem, rather than going to the police.

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  4. Jason Robert Carnell

    Pro

    Contributor Level 7

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    Answered . Unwanted physical contact, of any kind, constitutes "a battery" and is a crime. I doubt the type of contact would rise to the level of a "sexual battery" but the police and prosecutors do get rather creative at times. Seeing as it's so far removed from the day/time of the incident, you might want to go to the county magistrate court and swear-out your own warrant for this person's arrest.

    That being said, this is clearly a form of sexual harassment. If your boss/manager doesn't know, you should report it immediately. If it continues, you may have a civil suit against your employer.

  5. V. Jonas Urba

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . In general, civilly, sexual harassment is unwelcome verbal comments of or related to sex or unwelcome body contact at work, or both. The big distinction from a criminal case is that your employer MIGHT be liable for damages. This is the biggy.

    Criminally, among other possible charges, you might be the victim of assault, battery, stalking, etc....

    If it's your word against hers (witnesses are sometimes hesitant to come forward), you absolutely, positively need to consult with an employment attorney as soon as possible!

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