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Sexually harrased in flight by passenger; seeking advice

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Sexually harrased in flight by passenger; seeking advice

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Old Jan 5, 2017, 4:29 am
  #61  
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Originally Posted by raehl311

Repeated, unwanted attention of a sexual nature. As mentioned before, really only legally defined in the workplace.

On a single encounter with a stranger, you would be asking if there was an assault or sexual assault or general harassment.
Except "general harassment" is also about workplace issues, not a single encounter with a stranger.

https://www.avvo.com/legal-guides/ug...gal-harassment

The police would likely only get involved if actual sexual assault (touching) was part of the harassment. There are criminal stalking laws for repeated actions involving harassment, but a single instance of making unwanted sexually suggestive remarks or hitting-on someone seems very unlikely to result in a criminal investigation or prosecution. Nobody's trying to justify or excuse the stranger's behavior, but from what little is known of the story at this point, it appears this is a civil issue (talk to a lawyer), rather than a criminal one.

Last edited by xliioper; Jan 5, 2017 at 4:34 am
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Old Jan 5, 2017, 4:44 am
  #62  
 
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Originally Posted by raehl311
..According to OP, UA allowed a drunk passenger on the plane or over-served a passenger..
But that is entirely different legal proposition which doesn't depend on the criminal intent of the passenger. Does the OP have a case against UA? If he can prove that UA was negligent and that this negligence resulted in the harm done to the souse, then maybe yes.
The intent of the passenger is irrelevant with regards to appropriate compensation from UA.
Disagree - it is relevant to what injustice has happened and if UA can be held liable for it ... if then demonstrated.
With regards to the passenger, the passenger allowed himself to become drunk on an airplane, and once you allow yourself to become drunk, you're responsible for what you do in that state.
No. For minor transgressions sure, it may even be held against you. But for crimes where intent matters, it certainly is a partial exoneration.
Add to this that UA flies globally, the accused's actions may not even be legally relevant.
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Old Jan 5, 2017, 7:30 am
  #63  
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All too late now, if you did not get the cops called or it got reported to the capt., take a life lesson and the $1K and move on.
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Old Jan 6, 2017, 8:51 am
  #64  
 
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Originally Posted by Silver Fox
All too late now, if you did not get the cops called or it got reported to the capt., take a life lesson and the $1K and move on.
OP states that "We spent a lot of time so the police could get our statement." so reasonable to assume that a report was filed.
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Old Jan 6, 2017, 10:00 am
  #65  
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Originally Posted by gobluetwo
OP states that "We spent a lot of time so the police could get our statement." so reasonable to assume that a report was filed.
Were the cops called to the plane and was the captain involved? If not, move on.
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Old Jan 6, 2017, 2:44 pm
  #66  
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Originally Posted by cjermain
I'm gonna disagree with the posters who think that the OP should just move on. When the drunk offered to fight the OP, that could easily have met the legal definition of assault, at least here in Texas:

http://www.statutes.legis.state.tx.u.../htm/PE.22.htm
You seem to forget that the UA, not the alleged offender, was on trial here, if this was a trial. So when the alleged offender even assaulted OP, it did not mean UA assaulted OP.

Originally Posted by cjermain
Like most of us here, I'm no lawyer, but the "sexual harassment" the OP describes could also have been assault, depending upon what threats were made and whether there was physical contact.
There is no nexus between sexual harassment and assault. In fact, many (or most) sexual harassment are verbal, non-physical.

Originally Posted by cjermain
To all those who are saying, "take the $1000 and run". Well, we just don't know how bad it was.
We all feel for OP and his wife. The reason why we all told OP to cave in was there was practically no chance to win this case. ADA gives airlines preemption from state law. Even OP is willing to pursue the case, the case would get dismissed before you know it.

This is why we all said not worth the effort.
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Old Jan 6, 2017, 4:22 pm
  #67  
 
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From your perspective, you've talked to the police, and UA has given you a $1k voucher.

I would take the voucher, and perhaps follow it up with a letter, re-iterating your complaint. Maybe UA will bar the creep from any future flights.
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Old Jan 6, 2017, 4:25 pm
  #68  
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Consult your attorney for sure.

Last edited by jfk747; Jan 6, 2017 at 11:29 pm Reason: grammar
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Old Jan 6, 2017, 5:45 pm
  #69  
 
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Originally Posted by Kacee
I would suggest you not post more details here if you are serious about pursuing this.
I guess OP took your advice and won't comment back
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Old Jan 6, 2017, 8:16 pm
  #70  
 
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Originally Posted by Coskigirl
NO NO NO! This should never ever be an acceptable defense to any crime. Take it further, what if a drunk person rapes someone. Or kills someone. They were drunk so it wasn't deliberate?
Drunks are responsible for their behavior. Only people that we lock up for their own protection are not responsible for their behavior.
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Old Jan 10, 2017, 9:48 am
  #71  
 
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Support the OP

It's high time we stopped treating drunks with kid gloves. It's totally unacceptable for UA to serve a passenger to the point of inebriation, and if indeed he told the FA that he was going to "take the plane down" he/she should have informed the captain at once who would presumably have ordered the person to be confined and handed over to the police on arrival. Throw the book at the offender, and don't make sarcastic comments to the OP suggesting that he was to blame and/or that he should "move on".
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Old Jan 10, 2017, 11:02 am
  #72  
 
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Take the $$$

Too much emotion involved here. I agree with the person who asked, "What are you hoping to accomplish?" by rejecting the offer and pursuing further action? Shouldve taken the money, no doubt.
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Old Jan 10, 2017, 2:55 pm
  #73  
 
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Take the money

Why not take the 1K voucher? I would not think that would preclude you from filing a lawsuit against the perpetrator and United.
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Old Jan 10, 2017, 3:24 pm
  #74  
 
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My advice would be not to post a very personal experience such as this on a public forum.
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Old Jan 10, 2017, 3:45 pm
  #75  
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Originally Posted by Fandrew01
My wife got sexually harrased by a drunk guy who offered to fight me too. The FA served to many drinks and also the guy told the FA that he wanted to take the flight down. UA never called us until we wrote. Insult to injury they are offering $1k in voucher. Need help on this, what should I do. We spent a lot of time so the police could get our statement. We haven't accept the illogical offer.
Now that we're up to 75 posts in this thread, only one of which is yours, could you at least drop by and let the members that have contributed know that you are at least reading their comments and questions.
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