Delaware

In the case Brett v. Berkowitz, the plaintiff sued her former attorney for sexual misconduct and malpractice. Under 11 Del. C. § 601, there are criminal penalties for sexual harassment.

The defendant appealed a conviction for assault, kidnapping, and rape. The defendant argued that he could not be convicted of eight separate counts of rape for one victim, as this would constitute double jeopardy. The Court disagreed and affirmed the superior court’s finding that the fact that there were variations in the sexual acts, there was physical movement of the victim between acts, and there was time between each offense.

The defendant-employer appealed the decision of the Equal Employment Review Board that it had discriminated against the plaintiff because of her sex, in violation of 19 Del. C.

A woman sued her former employer for allowing her to be subjected to sexual harassment, sexual discrimination, and sexual assault by her co-workers. She claimed that her co-workers made sexual comments and engaged in inappropriate sexual behavior, but that she was not physically injured by the conduct. She also had no prior or subsequent contact with her co-workers outside of work.

The plaintiff alleged that her superior violated the Department of Public Safety’s sexual harassment policy to pursue a sexual relationship with her. At various times during the plaintiff’s employment, her superior had allegedly engaged in sexually harassing behavior towards her. At a later date when the plaintiff had received poor performance reviews, she claimed that her supervisor made her believe he could save her job if internal investigations against her concerning the reviews did not go well.

The defendant-employer appealed the Board’s decision that the plaintiff-employee had good cause to walk away from her employment, as she was sexually harassed and her employer failed to rectify the situation. The son of the defendant-business owner and the defendant’s manager sexually harassed the plaintiff in a verbal and physical nature. The plaintiff tried to discuss the situation with the business owner but the harassment continued.

The plaintiff was an at-will employee whose contract could be terminated by either party giving thirty days written notice. The plaintiff mainly worked for the defendant, who was the president and controlling shareholder of the company. The plaintiff alleged the defendant made sexual comments and advances towards her a few weeks after she commenced work and also touched her inappropriately. The plaintiff told the defendant his behavior made her uncomfortable but he did not stop.

The plaintiff sought an emergency protective order as she feared that her ex-husband was going to kidnap their son and as the ex-husband had told her the only way to solve their problems was for the plaintiff to be dead. Under 10 Del. C. § 1043(a), a party may request an emergency protective order where there is an immediate and present danger of domestic violence.

A woman sought a protection order from her estranged husband in a Delaware court. The husband argued that Delaware courts had no jurisdiction over him, as the alleged abuse did not occur in Delaware, and he was a non-resident. Further, the woman and her children were present in Delaware only for two days upon filing the petition.