Asked by the Customer on 02-09-2015 10:35:36
Question posted in the Criminal Law category relating to Gauteng

My daughter was continuously harassed sexually by someone at her work that finally escalated to him assaulting her by coming up from behind giving her a “bear hug” while grabbing her crotch and breasts in front of the entire dining room full of people. When she filed a complaint with Kyalami Country Club where she worked, they did nothing. They told her to some back to work after a month’s leave and made it so unbearable, that they forced her to quit her job. There was no recourse on her behalf by the employer. We met with him and the club management to file the complaint and this person called our family “white trash” and that she came on to him. Of course she didn’t as he’d been harassing her continuously and despises him. But she didn’t want to lose her job as she is a Student and didn’t want to make trouble. When asked what we’d accept to make this all go away, we said R50,000 which is what SA law says is the fine and we wouldn’t press assault charges. He laughed and blew us off. She filed assault charges and now he has is filing extortion charges against her. It is still under investigation by the Police in Midrand. She has not been served with anything and the only reason we know about it was that the detective told us yesterday. We are all terrified now, thinking she will be arrested and that this person will rally around all his friends at the club and ruin our family as a result of what HE did.
We don’t know what to do and need some advice quickly.

Posted by Att. Patrick on 02-09-2015 16:33:41

Hi there and thank you for your question,

Firstly, what that person did to your daughter amounts to sexual assault.

Second, what the company did to your daughter amounts to constructive dismissal.

You've done the right thing with filing charges against him with the police. What your daughter also needs to do is to file a complaint with the CCMA regarding the constructive dismissal issue.

Then, she needs to give the detective a copy of the CCMA complaint as proof that she is not trying to extort money from this guy. If your daughter could get witness statements, or better yet, give the detective the contact details of witnesses, that would go a long way to prove her case.

http://www.ccma.org.za/

She should also play open cards with the detective regarding the alleged extortion. Surely she was asking for R50,000 to settle her claim against the company and him for the lost salary as a result of the constructive dismissal AS WELL as the the claim against him for the sexual assault? Yes?!

This was not a case of her "having something on him" and then trying to extort money out of him otherwise she will tell somebody. This was a legitimate attempt by the parties to settle the matter, out of court.

Don't be afraid of his rubbish charges. He is trying to intimidate her to withdraw the whole thing. She must push forwards. Don't let them bully your daughter. The company and this man did wrong, she needs to put things right!

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

I will accept this answer but I would also like this attorney's contact details if possible, in case this gets to that point were an attorney is needed.

Oh, there are witnesses that the police are following up with although Kyalami CC is not being very helpful. There was a video that they won't turn over to us or may have been already destroyed. she is getting contact details from a friend's father's member directory to give to the police.

Posted by Att. Patrick on 04-09-2015 08:58:48

Hi again,

The police can force the company to hand over any evidence. If somebody has destroyed the video, then that person will be called as a witness by the prosecutor to explain why they destroyed it, and on whose instructions.

While the police can't really force anyone to give a statement or help, they can give the people's names to the prosector, who will be entitled to call those people as witnesses.

The prosecutor can also force the company to hand over the video if it still exists!

Good luck.