Dealing with sexual harassment is an emotional process that cannot be undertaken overnight, but while you may want to take your time, it is also important to be aware of the time limits.
You do not want to find your path to justice barred because your decision to act came too late. In this article, you will learn about the statute of limitations before you contact your sexual harassment lawyer in Kansas City.
Ask a Sexual Harassment Lawyer in Kansas City: What Is the Statute of Limitations on Harassment?
Sexual harassment is a term that encompasses a range of illegal acts occurring in private settings, the workplace, various organizations, and other contexts. Depending on the nature of the harassment you experienced, you may have the opportunity to file a civil lawsuit and/or bring your perpetrator up on criminal charges. The deadline for taking legal action, otherwise known as the statute of limitations, depends on how the incident occurred.
Understanding the Different Types of Sexual Harassment
Sexual harassment is broadly defined as any form of unwanted sexual attention. If you experienced physical injuries or psychological distress as a result of the harassment, you may have grounds to file a personal injury claim. Sexual harassment that occurs in the workplace may constitute a violation of employment law if the company culture is generally hostile to women or if you were targeted because of your gender.
If sexual harassment and a negative bias towards one gender overlap in your case, you may be able to file an anti-discrimination claim against your employer. Likewise, if you were fired, demoted, or penalized for speaking out against sexual harassment in the workplace, you could have grounds for an employer retaliation claim. Employer retaliation is the illegal practice of punishing employees for reporting violations on the part of their employers.
Sexual Assault
Incidents that involve rape, attempted rape, forced sexual contact, or abuse of a minor transcend harassment and are considered sexual assault. A number of legal options are often available to victims of sexual assault, including:
- •Reporting the incident to the police so that the perpetrator can be brought up on criminal charges
- •Filing a personal injury claim against the individual perpetrator
- •Filing a personal injury claim against an organization that enabled the perpetrator or failed to take reasonable measures to prevent the incident
Criminal vs. Civil Charges
Individuals who have grounds to press criminal charges for sexual abuse should understand that criminal and civil proceedings are separate. If found guilty in a criminal trial, the defendant may face jail time, fines, and other forms of sentencing. The civil proceedings are used to determine whether or not the liable party owes the victim financial compensation.
Many individuals choose to pursue both a criminal trial and a civil personal injury claim. However, it is generally possible to take civil action without reporting the incident to the police or to go forward with criminal charges in the absence of civil proceedings.
How Much Time Do I Have to Bring a Case?
Criminal Charges
In Missouri, there is no time limit for cases involving first-degree rape, first-degree attempted rape, or statutory rape. Likewise, legal proceedings may commence at any time for cases involving the sexual abuse of a minor. Cases involving other types of rape and adult sexual abuse generally have a statute of limitations of one to three years following the incident.
Personal Injury Claims
Of all the U.S. states, Missouri has one of the longest statutes of limitations regarding personal injury claims. Generally speaking, you have five years to file. However, since many sexual harassment claims involve discrimination and employment law violations, your case may be subject to other applicable deadlines. You can learn more about filing a personal injury claim here.
Workplace Discrimination Claims
Before you take action against your employer over discrimination, you must receive a notice of the right to sue from the Equal Employment Opportunity Commission (EEOC) or the Missouri Commission on Human Rights (MCHR). These organizations are government entities that can provide an investigation into the incident you experienced to determine whether or not you have grounds to proceed.
The EEOC requires that you notify them within 300 days of the incident, whereas the MCHR sets a time limit of 180 days. You may be eligible to file your report with either organization, however, employees of companies with between six and 14 employees may need to work with the MCHR instead of the EEOC.
Whistleblower Claims
Like sexual harassment, retaliatory action against whistleblowers is subject to an entire body of legislation. Several types of whistleblower claims are included in the personal injury statute of limitations (five years from the incident), however, those that overlap with workplace discrimination may be subject to the deadlines set by the EEOC and the MCHR.
Sexual harassment is a serious offense no matter what form it takes. Speaking with a sexual harassment lawyer in Kansas City can help you clarify your path toward justice.
