Blog - Sexual Harassment in the Workplace

Worker forced into sex with boss wins $25,000

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Sexual harassment can occur in any workplace. One of the more common dynamics involves a power imbalance between a senior and junior staff member.

Worker was forced into sex with boss or get dismissed 

A dismissed bookkeeper and worker forced into sex with her boss has won $25,000 in damages. The migrant worker had feared that she would lose her job if she did not have intercourse with him. She later fell pregnant with her boss’s child and argued that he dismissed her as a result.

This Federal Circuit and Family Court of Australia case – Trakimaite v Aubertin [2024] – is a truly disturbing example of how a boss can exploit their power. In this article, we’ll explore the events of this case and the court’s judgement. However, if you are sensitive to details of sexual harassment, this article may cause distress.

Bookkeeper claims she was dismissed for falling pregnant with boss’s child

Sonata Trakimaite started working for Sydney-based Axe Construction as a bookkeeper in August 2020. She had known the director of the company, Richard Aubertin, for a few years prior to working for him. Ms Trakimaite is a Lithuanian, who at the time of these events was on a bridging visa. By October 2020, the couple had started a s-xual relationship. Ms Trakimaite told the Court that the relationship with consensual and non-exclusive.

The crux of the case revolved around the incident that took place on 31 October 2020. While she was travelling home, Ms Trakimaite received a text message from Mr Aubertin that said “Would you like a little French in you tonight I’m free…Just c-m meet me at home after your studies f–k and go home.”

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Texting can constitute sexual harassment. Sexual harassment is not isolated to physical touching or to be in a certain proximity of someone.

The couple had a phone conversation where Mr Aubertin told Ms Trakimaite to come over to his place that night. She responded by saying “No, I’ve been at the course all day and I’ve got to go to work. I just want to rest.” To this, Mr Aubertin said “Ok well f–k off then.”

After the phone call, Mr Aubertin sent a series of text messages pleading for her to come over. Ms Trakimaite responded by saying that they should instead go to the cinema. Mr Aubertin responded by saying “There are plenty of b–ches in Sydney babe.” Ms Trakimaite then said that she needed to rest before work the next day, to which Mr Aubertin replied “I’m telling you never disrespect me never good night.”

Employer threatens dismissal

Ms Trakimaite told the Federal Circuit and Family Court of Australia that she wanted to resolve the situation as Mr Aubertin was her employer. So, she called him to say that he had no reason to treat her badly, to which Mr Aubertin responded by saying “Just come over we will have fun.” Ms Trakimaite responded by saying “I just don’t want to because you’re gonna make me have s-x with you.”

At that point, Mr Aubertin hung up the phone then texted her “I don’t think we can work together anymore.” Ms Trakimaite told the Court that she believed if she didn’t do what Mr Aubertin requested, she would be dismissed.

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If you believe you are a victim of sexual harassment please call us at 1800 333 666 for a free consultation.

“I simply laid there”: Worker forced into sex over fear of dismissal

The duo engaged in further texts and phone calls, and at 8PM that night Ms Trakimaite arrived at Mr Aubertin’s house. She told him that she was “very tired and not feeling well.” She also told him that “I came to have dinner and I did not come to have s-x.” At this point, she said that Mr Aubertin carried her to his bed.

Ms Trakimaite told the Court that she then had s-x with him due to fear of losing her job. She said that “as he was lifting my top off I felt scared because I had said no many times to him but he just kept going.” Ms Trakimaite told the Court “I was just hoping it would finish soon so I can go to work” and that “I simply laid there and let him have s-x with me.”

Following intercourse, Mr Aubertin told her “That was the worst s-x I have ever had.” Ms Trakimaite told the Court that she did not “consent or agree to [having s-x with Mr Aubertin] voluntarily or freely.” The next morning, Ms Trakimaite was worried that she had not s-xually satisfied Mr Aubertin. So, she went to his house and said to him “I have responsibilities, I need this job, please don’t do that again it made me feel terrible and the s-x hurt me.”

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A worker forced into sex may not be obvious to other employees, friends, or family. Allowing a safe and open conversation may allow victims the opportunity to open up about their experiences.

Worker forced into sex falls pregnant, told “I want you to abort this baby”

After the events of 31 October 2020, Ms Trakimaite and Mr Aubertin continued their s-xual relationship. She said she did so as she was “afraid” that any refusal on her part would lead to her dismissal. The duo had intercourse against on 19 November 2020. In this instance, it was unprotected and resulted in Ms Trakimaite falling pregnant.

The duo had a series of emotionally charged arguments when she told Mr Aubertin about the positive pregnancy test and that she wanted to keep the baby. At first, Mr Aubertin supported the idea of keeping the child. He even told Ms Trakimaite that they could get married and build “a life together.”

However, she soon found out that Mr Aubertin was seeing one of her close friends and got angry with him. He replied by saying “Sonata don’t ever talk to me like that your on your own I want you to abort this baby your crazy.”

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While evidence is not strictly required to prove sexual harassment, it may expedite the dispute process and prevent a ‘stalemate’ between parties.

Mr Aubertin subsequently demanded that she return the Axe Construction office keys to him. He also told her “your now on your own I want nothing to do with this bullsh-t good keep out of my life f–k off.”

Later that month, Ms Trakimaite had an ultrasound. Mr Aubertin called her afterwards, and she told him “I saw the baby’s heart and I can’t do abortion. I’m going to have this baby.” It was at this point that Mr Aubertin called her a “spastic b-tch” and that “You were only for s-x. I never f–ken liked you anyway, Your done with your job.”

Worker has abortion, argues she was dismissed

Mr Aubertin subsequently demanded that Ms Trakimaite return the office keys. She texted him saying “You not allowed to come to my place. Don’t come near me. I’ll call the police if y coming near me.” However, Mr Aubertin did turn up and “banged” on her door while yelling “you’re a f—king retard” and “just give me the keys.” Ms Trakimaite said that she felt scared, so she slipped the keys under the door.

Mr Aubertin subsequently texted her requesting that she send him her visa documents. Ms Trakimaite replied “can you pay for abortion pls because I don’t have savings.” The duo exchanged many more texts and emails. In late December, Ms Trakimaite emailed Mr Aubertin asking for a dismissal letter and $500 for the abortion. 

He replied with a series of emails, telling her to “get the f–k out of my life.” He also said “You are one of the biggest c–ts I have ever met and believe me I’ve met many.” In January 2021, Ms Trakimaite told the Court that she underwent an abortion. She said that she felt “worthless, sad and depressed” because she had been dismissed and lost her baby.

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Anyone can be a victim of sexual harassment, regardless of sex, ethnicity, religious beliefs, or job title. Learn more in our What is Sexual Harassment guide.

Worker takes boss to court

In May 2022, Ms Trakimaite lodged several claims under the federal Sex Discrimination Act 1984. She claimed that she had been sexually harassed by Mr Aubertin. Also, that she had been discriminated against based on her pregnancy status. She argued that Axe Construction was vicariously liable for these legal violations committed by Mr Aubertin, its sole director.

Ms Trakimaite’s friend deposed to the Federal Circuit and Family Court of Australia that the bookkeeper had told her “Richard … forced me to have s-x with him.” He told me that if I didn’t have sex with him that I didn’t have a job anymore.” Ms Trakimaite also claimed that Ms Aubertin told her she would get “a career and a pay rise” which she believed would not happen if she did not sleep with him.

In his defence, Mr Aubertin claimed that there were cultural and language barriers between himself and Ms Trakimaite. He argued to the Court that this contributed to her misunderstanding of the terms of their relationship.

“She did not have sex with him because she chose to”: Court decides

The Federal Circuit and Family Court of Australia found that Mr Aubertin had exploited the Ms Trakimaite’s “relatively vulnerable” position to “extort her for sex.” It noted that she was dependent on her wages and that she had precarious visa status. The judge ruled that her submission to Mr Aubertin’s demands was not consensual but rather the result of coercion.

“Ms Trakimaite did not have sex with Mr Aubertin on 31 October 2020 because she wanted to but because she felt she had to,” the judge said. He noted that there was a power disparity between the duo, and that Mr Aubertin was “willing to exploit [it] at least on that occasion.”

The Court noted that after Mr Aubertin said she was “finished” and hung up on their phone call on October 31, “it was clear to [Ms Trakimaite] that Mr Aubertin had not been speaking about their personal relationship but about her employment.” The Court said that she “considered that it was a threat that if she did not go to Mr Aubertin’s house she would lose her job.”

The judge therefore held that Mr Aubertin’s actions constituted sexual harassment under section 28B(2) of the Sex Discrimination Act. He also ruled that Axe Construction was vicariously liable for Mr Aubertin’s conduct, as the harassment was “in connection” with the Ms Trakimaite’s employment and involved threats to her job security.

Related: Discrimination Against Women

Court rejects discriminatory dismissal claim

Ms Trakimaite argued that she was dismissed in December 2020 after informing Mr Aubertin that she was pregnant and planned to keep the child. However, the Court rejected her claim that her dismissal was discriminatory. It instead concluded that the employment relationship ended due to the “breakdown in their personal relationship.” The Court acknowledged that this breakdown was caused by Ms Trakimaite’s pregnancy.

“Once the personal relationship became too demanding, [Mr Aubertin] ended it, and that incidentally led to the end of [Ms Trakimaite’s] employment,” the judge said.

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Any worker forced into sex had the right to fight for their rights to feel safe at work.

Damages awarded

With these findings, the Federal Circuit and Family Court of Australia labelled the conduct of Mr Aubertin as “ugly and selfish. It awarded Ms Trakimaite $25,000 in general damages for the sexual harassment. This is to be paid jointly by Axe Construction and Mr Aubertin. Mr Aubertin later told media that he felt the judgement was “disgraceful.”

Conclusion to: “Worker forced into sex with boss wins $25,000”

Being a victim of sexual harassment in the workplace is a traumatic experience for anyone. But you do have options to get back at your perpetrator. At Sexual Harassment Australia a branch of A Whole New Approach, we help survivors of sexual harassment to get justice.

We operate in all states and territories across Australia and offer a no win, no fee sexual harassment assistance service. We’ve been the country’s leading workplace mediators for over three decades, so with us, we can help you get the compensation you deserve.

Call us now on 1800 333 666 for a free and private conversation about your situation.

 

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