Legal Question in Sexual Harassment in Minnesota

I was sexually assaulted by my bosses father who also worked with me. I went to the police and filed a formal report and I am pressing charges. The man who sexually assaulted me denied everything and there really is no proof. They told me that I have to wait two months before I can find anything out. I just recieved a phone call from a sexual assault professional and she told me that if I don't get a restraining order on him that the judge will look at the report and wont think that much of it and probably wont press charges. Is that true? Also she told me that if I don't get a restraining order against him right now that if i want one in the future then I will have to pay for it. If you have any answers or advice I would greatly appreciate it.


Asked on 9/22/09, 2:27 pm

1 Answer from Attorneys

Christopher Walsh Walsh Law Firm

Your question is not clear if you are still working for the same company where the harassers are. If you still have to work with them, a restraining order might be necessary for your safety and well being. The company should have taken prompt action to investigate and remedy the situation. If it didn't then a restraining order could be helpful. Or if the harassment is intolerable (as assault would be) then you might be (might have been) justified in quitting. The Court might consider your decision to quit, or being forced out by an assault as a "constructive discharge." This applies if you later bring a sexual harassment or gender discrimination claim and want to receive lost pay.

On the other hand if you still work there, the employer might use the restraining order as an excuse to terminate you, or marginalize you. If you no longer work there, a restraining order might be a better route. I mainly practice in employment law and sexual harassment cases, not restraining orders. As you can see, there are a lot "ifs" in law and it really depends on the specific facts of the situation and what your goals are. For more information and to accomplish your goals in the legal system, contact me.

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Answered on 9/27/09, 7:10 pm


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