Weaponising sexual assault claims: PB Employment Law

The Ministry of Justice New Zealand Crime and Victims Survey claims 94% percent of sexual assaults are not reported to Police. However what is rarely commented on is the weaponisation of sexual abuse claims, which overwhelmingly puts men at huge risk.

Recently I dealt with a client who went to a social function, and drank more than he should have, before encouraging a lady to join him and his work colleagues

in a drinking game. The lady declined his invitation, and soon after commented to security that she felt this person had invaded her personal space (which was undeniably true). A few weeks later my client’s (male) manager turned her comment into an allegation of sexual abuse, even though the lady involved never made a written complaint about anything to anyone, and there were no witnesses, only a second-hand report of what a security guard had allegedly said. My client (married with children) was devastated, and resigned from a well-paid job with a  well-respected employer.

One could rightly argue that he’d been exceedingly foolish, and the author of his own misfortune, but that  minimises his manager’s decision to make a devastating allegation, without any actual evidence. To fight such an allegation was likely to be career damaging, regardless of the outcome. The result was a high performing and well-regarded colleague was removed from the workplace, we  suspect because he commented a little too often that his manager was not doing his job very well. Be warned…