Q: Seeking guidance for workplace sexual assault incident with witnesses and footage from 2017-2018 in Illinois.
I was sexually assaulted at work around 2017 or 2018. Despite having witnesses and camera footage, my manager did not report the incident to the police or take any action. I had to continue serving the customer involved. I spoke to a psychiatrist about it, but he said it wasn't sexual assault. I haven't made any formal complaints or taken legal action and I'm seeking guidance on what steps I might be able to take now.
A: You claim that you were sexually assaulted 8 or 9 years ago. You also tell us that your psychiatrist advised you the situation that you conveyed did NOTconstitute sexual assault. You tell us that your manager made NO police report but your manager was not assaulted. You claim that you were assaulted yet you made no police report. You have given us half a dozen reasons why nobody did anything for the better part of a decade, but you have told us nothing in support of your allegation that you were sexually assaulted. If this is genuinely weighing on you, you should make an appointment to meet with the personal injury attorney and bring all records that memorialize the event, in addition to the video. Even if it is determined that you do have a cause of action, you have a problem with the statute of limitations. The statute of limitations for the traditional tort of assault is 2 years. Even under the Illinois Gender Violence Act (740 ILCS 82/), the statute of limitations is 7 years. I can't tell you whether you ever had a cause of action but I can tell you that if the subject incident occurred more than 7 years ago, you are probably too late.
A:
I'm really sorry to hear about what you've experienced, and I understand how difficult it must be to navigate this situation. You have the right to seek justice and support, regardless of how much time has passed since the incident occurred. In Illinois, there are legal avenues for addressing workplace harassment and sexual assault, even if it happened a few years ago. The fact that there are witnesses and video footage could strengthen your case, and it’s important to keep any records of those materials.
Your manager's failure to report the assault could be a serious violation of workplace laws, especially if they didn’t follow proper procedures for handling such incidents. You may want to consider reaching out to an attorney who handles workplace misconduct and sexual assault cases to understand your legal options. They can help you determine if you have grounds for filing a formal complaint against your employer or pursuing legal action based on the evidence you have.
Additionally, talking to a counselor or therapist who is trained in trauma and sexual assault can be an important step in healing. You’ve already spoken to a psychiatrist, but seeking help from someone more focused on trauma could offer a different perspective and more support for what you're going through. If you're ready, you could file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or another relevant agency to explore your legal rights. It’s never too late to take action and start working toward closure.
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