Workplace Rape

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Latest post 11-07-2012 12:19 PM by Taxagent. 12 replies.
  • 11-01-2012 4:44 PM In reply to

    Re: Workplace Rape

    AJA307:
    Next, demands sex in a private office or she will terminate his job, all within the next few days from that very same employee.

    If the employer has at least 15 employees, that would be sexual harassment, and illegal under federal law and the laws of many states. The male employee ought to report that to the offending manager's supervisors or other appropriate persons in the company. The employer has a responsibility under the law to make the harassment stop, and the employer may be liable to the employee if it fails to the stop the sexual harassment.

    However, what you described is not criminal rape in any state I'm famailiar with. Since you didn't mention the state, however, I can't say for sure there isn't some sexual offense committed here.

    AJA307:
    Just to add a bit of spice to the situation, the said manager, a woman is a North Indian Hindu with strong religious beliefs and the said male is a non-businessman caste raised Hindu outcast so to speak, whom embraces the freedoms of modern India, also the male is an American citizen, the manager is not.

    If this is taking place in the U.S., none of that is relevant to the issue of whether sexual harassment or rape occurred. 

  • 11-01-2012 4:46 PM In reply to

    Re: Workplace Rape

    "With the new laws in place for male rape victims..."

    I gather you're referring to an IN-centric thing (I wasn't aware there were gender-specific rape laws).

    It is unclear how the description you went on to post has anything to do with rape (you may want to re-read your post and clarify if need be, but I'd like to think you wouldn't leave out anything, you know, relevant).  What you describe certainly involves sexual harassment, and hopefully even if it's a small employer of less than 15 workers, IN law will cover dealing with such a scenario.  I'd like to think you went to the owner(s) of the business about this, but you do not say.  If you went to the owners about this woman's behavior and it hasn't stopped, then you file a complaint with the EEOC and state equivalent.

  • 11-01-2012 5:15 PM In reply to

    Re: Workplace Rape

    AJA307:
    the new laws in place for male rape victims

    Query what laws you're referring to.

    In any event, rape require that sex (or at least some sort of sexual touching) occur, and nothing in your post indicates that it did (all you said is that the boss had "demand[ed] sex").

    More likely, this is a sexual harassment situation that would be better handled through a civil lawsuit and any sort of attempt to fit this into a "rape" context.

    It's also worth noting that the genders of the persons involved are completely irrelevant to the issues raised.

  • 11-02-2012 10:04 AM In reply to

    • Cica
      Consumer
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    Re: Workplace Rape

    If what you are describing is taking place in this country, it is not "rape."  It's sexual harassment.

    This employee has to relay to this new manager that he is not interested in her, or inform HR as to what is taking place and request they intervene.

    I don't know what the intended reference to her supposed guns interest or citizenship of either party has to do with the situation.

  • 11-07-2012 11:01 AM In reply to

    • DPH
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    Re: Workplace Rape

    AJA307:
    as the law says in India

    But you're not in India and the laws of India don't apply here.  What are you concerned about....?

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 11-07-2012 11:14 AM In reply to

    • Drew
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    Re: Workplace Rape

    Rape is most likley a state criminal issue and if a boss demands and gets "sex" from a subordinate then one would need to address the nature of that specific act under IL laws --and the local DA  would call the shots.

    Plus:

    Sexual harassment  on the job for any employer large enough to fall under the relevant Federal  (or state ) labor laws is  also actionable.

    A  manager who is not a native born US citizen who demands sex from a subordinate not only is risking criminal charges, time in jail  and getting fired but also getting sent home!

    Male subordinate has a lot of cards --he might be wise to get legal counsel as to labor laws and criminal laws BEFORE he blows the cards the manager has given him!  All too often the corporate reaction is to fire everybody involved--and that might not be the best card for him to play ...



  • 11-07-2012 12:18 PM In reply to

    • Cica
      Consumer
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    Re: Workplace Rape

    AJA307:
     I don't expect the visiting H1B VISA female manager to know US/Indiana laws.

    EEOC does, and they are the ones who enforce the laws.

  • 11-07-2012 12:19 PM In reply to

    Re: Workplace Rape

    AJA307:
    A man cannot be raped of sexually harrassed as the law says in India

    But India is not the United States. It had once been the case in the U.S. that the law defined rape only in terms of a man raping a woman. No longer the case in at least most, if not all, states today.

    AJA307:
    No, I'm referring to Obama's new definition of rape as the FBI defines it.

    See: blogs.findlaw.com/blot...

    and

    www.huffingtonpost.com...

    Your links didn't work because the links were long and got shortened by the message board. The way to get links to work is to select the text in your message that you want to have as the link and then click the button that looks like a chain link in the formatting tool bar just above the box where you compose your text. In the box that then appears, copy the link for page into the space labeled "Link URL" and then hit the "Insert" button.

    The Huffington Post article you tried to link is here: 

    http://www.huffingtonpost.com/2011/12/06/fbi-definition-of-rape_n_1132913.html

    Note two things. First, this is an update to the FBI definition, not to the law. This definition is used for the purpose of what gets reported in FBI rape statistics that the Bureau gathers from law enforcement agencies around the country. Second, the definition sadly is still antiquated because it still would not account for forcible rape by a woman of man (which I suspect is a very rare event, but likely does occur), contrary to your assertion.

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