Originally Posted by
Deltasierra010
There is no evidence, only 2 accounts of what happened that night, .... .
There's likely plenty of evidence although perhaps not of the absolute 'presence of body fluids' and 'clear physical signs of struggle.' But there will likely be witnesses to the events preceding, phone logs, perhaps security video, accounts of who told whom what in aftermath. If that evidence tends to buttress one version over the other and especially if there seems to have been sufficient prior incapacitation so as to render meaningful consent impossible, then the outcome of either the civil case in court or the decsion of one side to fold before going to trial will reflect that.
And a civil case against the employer often makes good legal sense (not just because of deep pockets) if the cause of action occurred while the employed individual was on company time and business and company policies governed behavior for safety or other reasons