Sexual Assault at Work Results in Civil Damages
Anita started working at a small rural bar when she was 18 years old. The bar was owned by a man who lived in the upstairs apartment. Anita had always thought of the owner as a father figure and had never had any sexual interest in him.
One night, four years after she started the job, everything changed. Anita’s co-worker had been sent home early because things were slow. The owner spent the evening drinking with other patrons. When the bar closed at 11 p.m. Anita performed her closing duties and for the first time ever stayed to have drinks alone with the owner. In the past, another co-worker had always been present.
Between 11:10 p.m. and 1:20 a.m. the owner drank four rye-and-ginger drinks and one shot of liqueur. Apparently he drank enough that he forgot about his own security cameras and that footage showed him secretly slipping extra alcohol into her drink. When Anita went to the washroom the owner drank from her drink and topped it up with more booze.
The owner began asking Anita about her sex life, whether she was on any dating apps and details about her last date including whether or not she had sex.
Both of them were sitting on bar stools when the owner grabbed Anita’s face and tried to kiss her. Anita recoiled so violently that they both fell off their stools. Then he got on top of her and briefly tried to kiss her again, after which he got off her and helped her up. When he left the room, Anita texted a co-worker asking for help and started looking for her car keys. When she couldn’t find them the owner suggested they stay in his apartment upstairs. Given that she felt that she shouldn’t drive even if she could find her keys, she agreed.
Anita knew that there were two bedrooms in the upstairs apartment and she went to the spare room and fell asleep. When she woke up at 7:30 a.m. the owner was in her bed, spooned against her, aroused and naked. He immediately tried to get his hand under her bra and she resisted. He pushed her hand onto his privates. Anita got up and walked out the door. She sat by the stairs in the apartment and waited for the owner as he had a shower. She had to wait because the bar was locked and she needed to be let in so she could find her keys. Eventually she found them and left.
Later that day she contacted police and the owner was charged with sexual assault. He pleaded guilty.
Anita also sued the bar and its owner and the matter went to trial. Usually a guilty plea would have ended any discussion about liability, but the bar owner claimed he had only pleaded guilty because he was pushed to do so by his lawyer during the criminal trial.
The video footage did not have a soundtrack and the bar owner claimed it did not disclose her inviting him to have sex after they fell off their bar stools. The judge did not believe a thing he said.
After the sexual assault, Anita socially withdrew and did not want to leave the house. She had a hard time concentrating and suffered from symptoms of depression. She ended up withdrawing from her semester at school and attended therapy. At trial she was awarded $75,000 in general damages, $25,000 in punitive damages, $25,000 to cover future therapy sessions and $7,000 for lost tuition payments.
As a result of Anita’s schooling being delayed by her trauma there was also a delay in her graduating and obtaining full-time employment in her chosen profession. She was awarded $15,000 in damages for her delayed entry into the work force. Finally, she was awarded $5,000 pay in lieu of notice, which was about five months pay after her four years of employment. The total of $137,000 was awarded against both the owner and the bar.
At trial, the defendant represented himself and the bar. Given that he could not afford a lawyer at the trial one wonders, sadly, whether Anita will ever be able to collect these monies. It was a significant award but no amount could ever make up for what she went through and is likely still experiencing.
This article was originally published by The Hamilton Spectator.
