What should I do about being sexually assaulted by a SEARS employee?

Question

A week-ish ago I was exiting a Sears store. I was followed into the parking lot by a man who claimed I had stolen something from him. He insisted I show him what was in my bag, so, not wanting any trouble, I did.

After showing him my bag, he pulled out two shirts that I had tried on earlier and started saying that since I had not cooperated, that they were going to arrest me. Then another employee came up behind me. He grabbed my wrist, tore my bag, AND grabbed my breast. They dragged me inside and told me they were having me arrested.

Once the police arrived they took me to the station, and when I told them that I had been sexually assaulted by the employees that I couldn't file any charges, and would have to talk to the judge when I had my court date. Am I out of line in thinking that I have grounds for a lawsuit? And how do I get the criminal charges dropped? I did not steal those items, and it's not fair for them to assault and frame me.

Thank you so much for your help.

Answer 1

First thing you should do is consult a lawyer, get a free consultation about the criminal charges and the sexual assault charge, and second thing, you need to file a police report about the sexual assault charge, go to the police station and demand that they take a report, they cant deny you that, its your right. Also, id call the mall office where this happened because they probably have surveillance and if it wasn't too long ago, probably still have the tapes of it and if they wont give you a copy, ask that they save the tapes from that day...good luck.

Answer 2

If this really happened to you, I hope you would know what to do besides look for advice online.   No cop will tell you that you can not file a clam.  You will not win a lawsuit, because Sears will be able to hire a lot better lawyers then you. I worked loss prevention at Robinson May for 3 years, and things like body parts being grabbed happens all the time.  LP officers have better things to do then frame people.  And the go through training to protect them against clams of harassment.  Next time ask for ID, all LP agents carry ID with them in a visible spot.

Answer 3

You need to file a police report.  Be sure to give all the correct details, then let the police do their investigation.

Answer 4

get a lawyer to handle this for you. file a police report too..

Answer 5

How could they have pulled out 2 shirts out of your purse?

How could they have put them in there like you said?

I was a Loss Prevention Officer for Sears about 4 months ago and when i arrested anyone body aprts would get in the way. There isnt much you can do just call Sears Corporate and ask to speak to the Regional Loss Prevention Manager. They shoudl do an investigation on the incident and he will be put into probation.

technically nothing will happen.

Answer 6

File a complaint at the Police Headquarters so that the abuser will be investigated.

Answer 7

sue there asses off

Answer 8

Do you have a receipt for the shirts or are they on your credit card statement?  If so that is your defense against the theft charge.

If your breast was accidentally touched in the act of apprehension, that is not assault.  I am not making a judgment either way.  

You can certainly talk to a lawyer for advice and file complaints with the store and the police.  The action may have been caught on security cameras in the parking lot.  Your lawyer may be able to secure copies of the tapes.

Answer 9

I find it very hard to believe that the police told you that you couldnt file sexual assault charges,no cop in their right mind would say that,if you claim it happened,they HAVE to take your report.end of story.

Answer 10

How can you prove that you were sexually grabbed? Are there any witnesses? Surveillance?

What they did is S****y for sure, but at the same time I'm not sure that you could nail them for sexual assault without any evidence besides a torn bag.

Definitely pursue it, but seek concrete evidence.

Answer 11

Where was your receipt?