Bankers interact with clients on a daily basis. They assist clients in need of financial services such as setting up accounts, moving money, and authorizing loans. Bankers review the customer’s financial history to determine if their financial needs can be met by the bank and to also inform them of banking products and services. In essence, a banker’s role is to:
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Sign in new clients and help them the entry process
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Process payments, withdrawals, and deposits
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Manage client bank accounts
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Handle other transactions like writing money orders and cashier checks
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Resolving client complaints and queries
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Selling banking products and services to existing and prospective customers
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Recommending banking packages to the client based on their needs
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Authorizing and evaluating loans and overdrafts
Simply put, a banker interacts directly with his/her clients, understands their industry, and knows the client in detail. Having access to this personal information perhaps gives them more power over the client and too much insight into the client’s weaknesses and vulnerabilities. It leaves a customer susceptible to exploitation by a banker with illegal sexual desires. A banker will know when you’re at your most vulnerable state, especially if you’re having financial problems. They can use their position and influence to request sexual favors in exchange for services or financial help. Favors of this nature would be deemed sexual abuse or exploitation, and it is illegal.
Predatory, reckless, and negligent conduct by people and companies often has devastating implications, causing serious mental and physical injury, and in some cases death (for instance, death by suicide). Individuals who have been victimized and families who have lost a loved one deserve justice. Stop Sexual Abuse Law Firm aggressively pursues justice for clients subjected to abuse by banking professionals. Our committed California sexual abuse attorneys have held financial institutions accountable for negligence in training, supervising, training, and providing security for clients. We take shameful actions seriously and build strong cases to ensure perpetrators and the people/institutions that allowed your abuse to pay for their negligence.
Call 310-359-9451 or use our online contact form today to schedule a free, 100% confidential case evaluation. Our empathetic, knowledgeable legal team is standing by to listen to your story, explain your legal options, and answer any questions or concerns.
Sexual Misconduct by a Banker
Any sexual relationship between a banker and a customer is unprofessional and illegal. Bankers understand the potential for personal conflict of interest and abusive treatment of clients within the relationship. Any sexual behavior perpetrated by a banker towards unsuspecting clients represents a misuse of power. Bankers are not supposed to engage in behavior of a sexual nature with customers and for various reasons:
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There is a power imbalance since the banker starts from a position of great power over the customer and he/she is required to respect and maintain professional boundaries.
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The customer has bestowed his/her trust in the banker and the betrayal of that trust can have serious implications.
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The banker must protect a customer’s interests and not to serve their own needs.
Sexual abuse by a banker usually involves taking advantage of the client’s dependency, trust, and/or their need for the banker’s help. In some cases, it is the result of the banker imposing coercive power over the client. Regardless, any sexual contact with a customer is considered abuse even if the client consented to it at the time. The banker abuses the client’s trust and dependence on them. What’s more, sexual abuse by a banker is a betrayal of the trust put on the banker by society. Abuse of this nature profoundly violates customers and usually causes tremendous psychological and emotional damage.
Sexual exploitation is unanimously considered as professionally unethical, regardless of whether it’s with present or former clients. And for many professionals in different industries, sexual abuse is unlawful in many states, California included. Of course, most bankers are ethical and would never allow their sexual desires to override their services to clients, but sexual abuse in the banking industry is prevalent and can’t be ignored. If you’ve been sexually abused by a banker, our California sexual abuse lawyers can help protect your rights and hold the perpetrator accountable for the atrocious crime.
Sexual contact between a banker and a client undermines the primary goal of the profession. It involves the abuse of the client for benefit of the banker and a failure to offer the services implied by the professional role of a banker. Conversely, harm and failure to provide financial advice and services isn’t the only ethical issue here. J just like in other professionals, the power of a banker is morally pertinent. Bankers hold several forms of powers including:
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Charismatic power (the power of personal authority and magnetism),
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Social power (the power of the role and its authority), and
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Asclepias power (power of professional training).
The client, on the other hand, lacks the power of the role and professional training. Moreover, clients facing male bankers generally lack the social power that men enjoy in sexist environments. In short, female customers are highly vulnerable. The power of the banker and the susceptibility of the client is a clear indication that the banker can take advantage of the clients.
A sexual relationship or contact between a banker and client is therefore an abuse of the professional power in the part of the banker which an illegal use of that power to fulfill their own interests instead of helping the client. Furthermore, the power imbalance between the banker and the client may compromise the freedom necessary to give informed consent for sexual intimacies.
The Banking Industry Has a Sexist Culture
A 2018 survey of financial service professionals found out that about 40 percent of female respondents agreed that sexual harassment was rampant in the industry and almost 60 percent of them had been sexually harassed in the workplace. Another 28 percent of female respondents described sexual harassment in the financial service industry as a common occurrence. In another 2019 survey, only 4.4 percent of male respondents felt that there was a significant problem of sexual harassment and abuse in the financial industry. What’s more, about 59 percent of women felt that sexism in the financial services industry was either unchanged or has gotten worse over the past five years. The majority of women who had been sexually harassed or abused at the workplace declined to report it, usually because their employers did not have a mechanism to report cases of this nature.
The banking industry is a highly competitive, male-dominated business. The high ratio of men to women in this industry leaves female employees alienated and subjected to working in sexist environments. But that does not give anyone the right to sexually harass or abuse women. Intimidation and treating people like objects is a common thing. Emotions and feelings are not considered good for business. So, if you cannot handle some offensive jokes or sexual contact, you have no business being in the banking industry. Or, so they would make you think.
If a case of sexual abuse is made in a banking institution, the boss or employer may turn a blind eye and may be unwilling to address issues that they think would damage their reputation and upset the balance of the firm. They may even be the abusers, requesting sexual favors or coercing employees to a sexual relationship in exchange for benefits or promotions. Whether sexual abuse took place at work-related function or the office, you have the right to bring a claim and hold the abuse accountable for their actions.
Understanding the Nature of Sexual Abuse by a Banker
Banker sexual abuse typically involves a banker engaging in sexual contact or sexualized behavior with a client or colleague. The following behaviors amount to banker sexual abuse:
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Physical sexual relationships whether initiated by the client or not, including, but not limited to, touching of the breast, kissing, sexual penetration, genital contact, and touching of genitals or breasts.
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Touching refers to physical contact that is sexual in nature. It includes stroking, patting, holding, stroking, pressing up against another person’s body when hugging, and any other form of contact deemed unnecessary to the financial services.
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Remarks or behavior of a sexual nature including romantic, amorous, seductive, and sexual behaviors or annotations. Such may include expressing romantic feelings, like being in love, inappropriate gift-giving, requests to date, unnecessarily arrangement of meetings in offsite locations, and out of normal business hours. Requesting information on sexual history or sexual inclinations that are not related to the service being sought by the client, making comments about a customer’s body or clothing, and conversation about hiss or a colleague’s sexual issues also breaks banker/client sexual boundaries. It can also constitute the banker explaining their sexual inclinations or fantasies; making remarks or jokes that are sexually demeaning or provocative, wearing sexually suggestive clothing, and showing pornographic or other offensive material to the customer.
Long-Term Consequences of Banker Sexual Abuse
Although banker sexual abuse may include physical injury, the emotional and psychological injury it cases can last for a lifetime. After sexual abuse, a victim may feel as if their body is not really their own. They may blame themselves for the abuse and may end up with a feeling of shame, guilt, and terror. Because of the trauma and negative emotions associated with banker sexual abuse, victims may be at risk for mental health issues, including but not limited to:
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Depression: This is the most common long-term symptom associated with sexual abuse survivors. Victims will internalize the abuse and think about it for years. Depression can be associated with a sense of worthlessness, trouble eating or sleeping, thoughts of suicide, or a reduced low quality of life. Depressive feelings can be mild and brief, or they may be extreme and long-lasting.
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Post-Traumatic Stress Disorder (PTSD): Survivors of banker sexual abuse may experience extreme memories of the incident. In some instances, flashbacks may be extremely unsettling causing the victim to lose track of their surroundings. A survivor may as well develop complex posttraumatic stress (C-PTSD), an associated condition that yields a chronic fear of desertion
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Anxiety. Victims of sexual abuse may be petrified that the attack could occur to them again. Some develop panic attacks, while others develop agoraphobia and become petrified to even leave their homes.
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Personality disruptions. Sexual abuse victims can experience personality disruptions like borderline personality. The behavior associated with personality disruptions could be an alteration to abuse. For instance, an aspect of borderline personality is a fear of abandonment.
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Addiction. Statistics show that survivors of sexual abuse are 26 times more than likely to use drugs. While survivors think they can use drugs and alcohol to help numb the pain of assault, substance abuse often results in the development of different problems.
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Attachment issues. Victims may find it hard to build healthy relationships with others. For instance, a married woman who has been sexually abused by a banker may suddenly lose sexual interest in her husband, which will undoubtedly affect their marriage and even lead to divorce. Victims may dissociate themselves as a coping mechanism.
In addition to the psychological scars, sexual abuse perpetrated by a banker can also have lasting health implications. Victims may suffer bruises and cuts resulting from the occurrence. They could also have more severe injuries including fractured bones, knife wounds, and damaged genitals. Some may experience chronic pain without an obvious physical cause. It’s also possible to develop sexual dysfunction and contract sexually transmitted infections.
Liability in Banker Sexual Abuse Cases
In a civil lawsuit, multiple defendants may be held liable. This may include the perpetrators, and any negligent third parties, such as an employer or company. The defendants can be important sources of compensation in your sexual abuse case. The banking professional who sexually abused you may be held personally responsible for their actions. They may be going through the justice system or already in jail for the crime. But even if criminal charges were never pressed against them, you can still file a sexual abuse civil lawsuit against the predator because a civil lawsuit is separate from criminal charges. A seasoned California sexual abuse lawyer can help you collect all the necessary evidence and records associated with your abuse, file a lawsuit, and work on holding the perpetrator accountable for what they did to you.
In banker sexual abuse cases, third parties may as well be held accountable. For instance, we may hold the bank liable if their failure led to or allowed the abuse. Banks must hire, train, and supervise their employees. If one of their employees sexually abuses a co-worker or customer, it may be because the company has failed in its duties.
The attorneys at Stop Sexual Abuse Law Firm have vast experience representing people from all walks of life, regardless of gender, age, sexual orientation, religion, and race. We’re devoted to offering nothing but the best possible representation. We strongly believe that for us to provide the best legal support, we must have a thorough understanding of different aspects of the organization or entity that is our adversary. This means knowing:
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How the bank is structured from a legal perspective
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Background check on the bank itself. We’ve dealt with some defendant institutions that are familiar with this area and have lawsuits brought by victims against them.
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How the bank handles episodes of sexual abuse - does it try to resolve cases before litigation or it only addresses them after the commencement of a lawsuit.
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Financial solvency or insurance covers. Some banks have insurance policies to cover liabilities created by episodes of misconduct. Others are self-insured; they pay a verdict or settlement out-of-pocket.
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Defense attorneys representing the bank. Most sexual abuse cases against companies are usually defended by a law firm or lawyers that regularly act in their defense. Knowing how these firms handle their cases will help us move a case towards resolution.
Civil and Criminal Lawsuits in Banker Sexual Abuse Cases: What’s the Difference?
Criminal and civil lawsuits within the justice system are different. Criminal lawsuits are filed against a person(s) by the state or federal government to protect the general public, whereas civil liability is mainly about the welfare of the victim. At the Stop Sexual Abuse Law Firm, we exclusively advocate for sexual abuse victims.
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Criminal Courts
The criminal courts focus exclusively on the criminal (the sexual predator). Typically, cases of this nature are handled by a prosecutor and the primary goal is to punish the perpetrator with fines and jail/prison sentences. Though restitution to the victim may be awarded in a criminal court, it is a poor avenue through which to pursue it. That’s because criminal courts are more geared towards protecting society as a whole instead of advocating for an individual victim’s rights.
The criminal system’s standard of proof is beyond a reasonable doubt. This implies that one can only be convicted of an offense if the judge or jury is convinced that the abuser in question is guilty. Because of such precedents, numerous morally liable individuals escape criminal because of this doubt in proof.
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Civil Courts
The civil justice system focuses on helping sexual assault victims. These cases are initiated and handled by civil attorneys and the main objective is to recover compensation for the victims of sexual abuse. In this case, the victim of sexual abuse perpetrated by a banker can seek compensation for damages caused by the abuse.
The standard of proof in the civil justice system is relaxed compared to that of the criminal system. In a civil case, the case must be proven by a “preponderance of the evidence.” This means that the jury must believe that the victim’s case is more likely true than not. This is why an abuser can be punished within the civil court system even if they are not charged or convicted in the criminal courts.
Monetary Damages in Banker Sexual Abuse Cases
Survivors of banker sexual abuse are entitled to compensation for all damages incurred. An experienced sexual abuse attorney can try to obtain the maximum settlement possible under the law. Explicit forms of harm compensation in such cases in case of this nature include:
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Past, present, and future medical and rehabilitation expenses including psychological care, therapy, and medication
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Economic damages suffered like loss of wages and loss of future income
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Non-economic damages, such as pain and suffering and emotional distress resulting from the incident
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Loss of companionship and consortium (sought by the victim’s spouse)
One of the greatest fears that sexual abuse survivors face when deciding to hold their perpetrator liable revolves around the cost of legal representation. Stop Sexual Abuse Law Firm provides representation on a contingency fee basis. This means that we’ll not any out of pocket fees or payments unless we win your case and monetary compensation is achieved.
Find a California Banker Sexual Abuse Attorney Near Me
Sexual abuse is a crime and as a victim, you have the right to force the perpetrator and any negligent third-party to be held accountable for their actions. This can only happen if you come forward, report to the authorities, and receive help. At Stop Sexual Abuse Law Firm, we’re committed to representing sexual abuse victims and helping them with their healing process.
Through decades of experience, we thoroughly understand the law and have developed techniques to help us prevail against well-funded, reputation-conscious institutions. We can handle every aspect of your case so you can focus on recovery and finding the closure you need. This includes:
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Investigation the circumstances of the abuse
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Determining liable parties
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Evaluating the damages and calculating the amount of compensation you deserve
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Filing a lawsuit
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Conducting any negotiations
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Serving as your advocate and litigating your case
We’ll give you personalized attention and handle your case with the utmost respect. If you or someone you love was sexually abused by a banker, call us at 310-359-9451 or contact us online to schedule a free consultation and case evaluation. We’re available 24/7, so you can get in touch with us when it’s convenient for you.