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Colleague issue

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Comments

  • RacyRed
    RacyRed Posts: 4,930 Forumite
    1,000 Posts Combo Breaker
    The part in bold is precisely why this ended up the way it did.

    In your own admission you said you could cope with the inappropriate emails, which to me means that had he of NOT exposed himself (on that day), you would have "coped" with his modelling email and not reported him.

    Do you not see how not reporting him OR "coping with his emails" led to his confidence growing and ultimately crossing the line [exposing himself]?

    I am sorry but I think you are to blame to some degree.

    And to the people thinking that my posts aren't helping - I know for a FACT the police will quiz the OP on this. By expressing my views on here, I am helping the OP in preparing for the inevitable.

    Absolute rubbish!

    No, sho_me_da_money, you are not helping at all. You have picked up on earlier carefully worded and considered posts by DVardysShadow to justify whatever your motives are for your selfish and inconsiderate posts. Gwen has already been prepared for whatever questions she may be asked. Your further input is not required.

    What you are really doing is guilt tripping the OP for your own obscure reasons. You have now been told by a lawyer that your arguments are invalid. Any further attempt by you to promote them really will call your motives into question.

    Nicki, thanks your giving us a legal opinion on this matter. :A

    Gwen, stay strong. It sounds as if you now have it very clearly in your head that you are NOT to blame for any of what happened. GOOD :)
    My first reply was witty and intellectual but I lost it so you got this one instead :D
    Proud to be a chic shopper
    :cool:
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Gwen, you most certainly did not 'ask for it' by your earlier behaviour, nor are you guilty of any 'contributory negligence'.

    By that reasoning if I worked in the same office as my ex-husband it would be fine for him to bring his little friend out to play whenever he felt like it, since it would be nothing I haven't seen before. What nonsense.

    I am a retired employment solicitor; I specialised in discrimination law when I was in practice. I can tell you for sure that had an employee of a client company behaved in this way he would have been suspended immediately pending an investigation, and if, following the investigation the company honestly and reasonably believed your word rather than his, he would have been dismissed for gross misconduct.

    I have advised dismissal for far 'lesser' acts of sexual harassment than this, and won at tribunal when the dismissed male employee subsequently made a claim on unfair dismissal.

    You have been very brave in reporting this man, and if I were you I would put sh-me-da-money on ignore - you don't need his comments.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • gwen80
    gwen80 Posts: 2,255 Forumite
    Part of the Furniture Combo Breaker
    edited 3 January 2011 at 10:44AM
    sho_me_da_money

    I agree with RacyRed, you are picking up on other postings and now using them to justify your own argument that I should share some responsibility. I don't and I never will share any responsibility for someone indecently exposing themselves to me in a public place.

    Now I'll refer you to section 66 of the Sexual Offences Act 2003:

    Exposure

    (1)A person commits an offence if—

    (a)he intentionally exposes his genitals, and

    (b)he intends that someone will see them and be caused alarm or distress.

    (2)A person guilty of an offence under this section is liable—

    (a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

    (b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.

    In Section 74 consent is defined as:

    “Consent”

    For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.
    Though no one can go back and make a brand new start, anyone can start from now and make a brand new ending
  • Derivative
    Derivative Posts: 1,698 Forumite
    This sounds like something out of a comedy show.
    I'd make the "tiny" gesture with my thumb and forefinger every time he passed.
    Said Aristippus, “If you would learn to be subservient to the king you would not have to live on lentils.”
    Said Diogenes, “Learn to live on lentils and you will not have to be subservient to the king.”[FONT=Verdana, Arial, Helvetica][/FONT]
  • ceridwen
    ceridwen Posts: 11,547 Forumite
    10,000 Posts Combo Breaker
    edited 3 January 2011 at 10:53AM
    Gwen that is ringing huge great big pervy alarm bells in my head. It sounds like he was getting off on trying to make you write exactly what you saw.

    Possibly....but its going to work well AGAINST him though isnt it?:D

    EDIT: Thank goodness we have now had two qualified "legal eagles" on here saying how the law regards this. Hopefully Sho-Me-Da-Money will now shut up and stop harassing Gwen.
  • RosaBernicia
    RosaBernicia Posts: 4,909 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Hurrah and thank you to Nicki and LazyDaisy for confirming that, as DVardysShadow puts it "the mind which is responsible in this case is attached to the body member which caused the issue".

    And more hugs to Gwen.

    Rosa xx
    Debt free May 2016... DFW#2 in progress
    Campervan paid off summer '21... MFW progress tbc
  • RacyRed
    RacyRed Posts: 4,930 Forumite
    1,000 Posts Combo Breaker
    Hi Gwen,

    I hope things have gotten a little better for you this week.
    My first reply was witty and intellectual but I lost it so you got this one instead :D
    Proud to be a chic shopper
    :cool:
  • biggaz26
    biggaz26 Posts: 308 Forumite
    Part of the Furniture Combo Breaker
    Gwen,

    Just thought Id add my support and and say you have done the right thing. And, if everything you have put on here is accurate as I believe it is, then you have done nothing to encourage or contribute to this perverts actions.

    Dont worry about the opinions of a few random annoymous people on a website.

    To be fair one of them is me so mayeb pick and choose who you believe.

    Trust the HR dept, police and victim support to give you the right advice.

    If it goes legal the only person in court trying to prove he did nothing wrong will be his brief


    G

    G
    One day some company will do what they say they will do and charge a fair charge.:T

    Not doing the opposite of that which they promise and charge you a fortune for the privileged. :(

    Or maybe not:mad:
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Another one wondering how things are with everything this week. Hope all went well on Weds.
  • spugzbunny
    spugzbunny Posts: 1,235 Forumite
    Gwen - wow just wow. You are being very strong about this. I just wanted to say peoples responses have made me sick. I thought the school of though of 'she brought it on her self dressed like that' died out in 1960. Shame on you all.

    Good luck hugs and nearly a few tears for you xx
    House saving Targets:
    £17,700 / £20,000
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