To think it’s just so unfair? *MNHQ trigger warning*

[WoodysRoundup]

I’m basically on suspension from work whilst there’s an investigation as I was raped by a colleague and informed the managers.

But I’m on a zero hour contract with no time line of how long this will last, whether we’ll both be let go, or anything. I’m not working so I can’t get paid and I’m so frustrated that I can’t do my job and earn money like I’m the one in the wrong.

I’m sorry everyone I just needed to rant

The op has a zero hours contract. That’s why she isn’t paid while suspended.

But surely these are exceptional circumstances?

No, they aren’t.

She’s made a complaint about a colleague. It doesn’t matter what the nature of the complaint is, because it’s subject to investigation.

Your employer is on a very difficult position.

Serious criminal allegation but no police involvement.

With an employee on a zero hours contract.

In baffled re what their “investigation” will entail.

If this happened away from the employers premises the investigation will have to decide if the OP (and other staff, including the suspect) will be safe whilst at work. If she turns up 'socially' she isn't behaving in accordance with the employers investigation. She is then found to be discussing the case with other employees, further jeopardizing a fair investigation.

I'm not surprises she's being suspended.

If she wanted to see her 'friends' this should have been done away from the work environment. Although I suspect the OP has confused work colleagues with friends.

FWIW

I understand your reasons for not wanting to report to police. But if you did report there’s no obligation on you to take it further. Even if the police found enough evidence to support a prosecution - which is highly unlikely on the circumstances - you’re free to withdraw at any time. So the outcome is under your control: you report, it goes on file, that’s the end of it.

It won’t ruin this guy’s life, but it may give him a wake up call that behaving this way with women is illegal, otherwise he’ll probably just do it again.

I’m not sure you understood my post.

To be clear: I’m saying the outcome is under the OP’s control.

You seem to have interpreted my post incorrectly to mean that the OP reports, it goes straight onto file right?

Which is not what I said.

OP reports, the police investigate, they take a statement from her, they interview the man. She is free to withdraw from the process at any time. Even if the police found sufficient evidence to refer the case to the CPS, which is highly unlikely in the circumstances, without the OP there is no case.

If she withdraws from the process, it’s over, the case will simply go onto file.

@TatianaLarina Tartan does understand your post and replied correctly.

I'd also like to mention to those posters saying "join the Union". It doesn't work like that. You have to be a member for (I think) 3 months before you can use their services, otherwise no one would be in a union and only join when there was an issue - how do you think they raise the money to pay for legal help, lawyers. barristers etc.

Again: that was a brief summary of what the outcome can be if that’s what she wants.

I did not imply there would be no investigation as you seem to have interpreted it, it didn’t occur to me that that would need clarification. The preceding sentence referred to police evidence which can only be found during investigation.

My point was that overall, if she reported it she would not be obliged to go to court if she didn’t want to and the incident could remain on file.

The Police don't spend thousands on pounds investigating crimes only for the complainant to turn around and say 'I've changed my mind. Forget it'. IF the Police establish a crime has been committed and the CPS think there is enough evidence to prosecute they will go ahead with or with the complainant. You could be prosecuted yourself for wasting Police time.

LifeBeginsAtGin - You really think the police would prosecute a rape victim for backing out? Highly unlikely.

IF the Police establish a crime has been committed and the CPS think there is enough evidence to prosecute they will go ahead with or with the complainant

As it stands though it it's moot. There is doubtful any evidence and the op has clearly stated she will not involve the police.

This is very difficult situation for the employer. The ops posts are conflicting on here, but it seems this is she has made an allegation and this man is denying it. It's the only explanation as to why the company are keeping him on and have to investigate.He's clearly not admitting to being a drug using rapist and accusing her of making a false accusation against him. Her reticence to go to thr police will work in his favour.

The company are faced with the op making an accusation of a crime occurring outside the work place, a refusal to involve police, and the culprit denying it.

The only solution they may very well find is that these two employees can't work together and as such to let both go, as they will be unable to prove which one is lying and the situation will be untenable in the workplace. Alternatively the employer themselves can report the accusation to the police and then take a step back and act on what the police find. If that is she doesn't wish to press charges and he denies it, then they have no legal grounds to fire this man.

On the contrary that happens quite a lot with rape cases. It has the highest attrition rate of any crime. A Home Office study ‘A Gap or a Chasm: Attrition in Reported Rape Cases’ studied the withdrawal of the complianant from the CJS. It found 4 key points of attrition: decision to report, investigation, discontinuance of prosecution, and during the trial. The first two being by far the most common.

It’s true that technically the CPS can proceed with a prosecution if they hasufficient evidence. That can happen in dv cases for example if the complianant has been badly injured and treated in hospital so there is independent evidence of the crime - in that case the CPS may proceed with or without the co-operation of the complianant.

However, in practice, in cases of acquaintance rape, without the complianant there is no case.

TatianaLarina

So you are suggesting the OP waste considerabme police time and effort. Then withdraw from the process.
For what? So she keeps a zero hours contract

Genius

That was to LifeBeginsAtGin ^^

I’m suggesting that she reports it to police because a crime has been committed and that is the correct procedure.

I am suggesting it because investigation of this guy may deter him from committing other rapes and that is what the police are there for - to prevent crimes being committed.

OP may not be the first woman he has done this to, she may not be the last. Indeed, for all we know, he may have done it before, he may even have been reported to police by someone else. Or he may be reported in the future.

While I fully understand reluctance to report sex offences, people cannot be protected from rapists if no-one reports them.