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Ms D, the female LSE stalker exposed herself to a male LSE professor.

Does this constitute sexual harassment in the workplace?

Dr Theodore Piepenbrock’s Witness Statement

Paragraph 59.  “Ms D greeted me at the door without her bottom half covered. I was shocked. Although she was wearing some sort of a sweater-top, it did not cover her private parts, and I immediately told her to finish getting dressed, which she did.”

Cross-examination of Dr Theodore Piepenbrock

Defence Barrister: “And you say you went to her room and she was wearing just a sweater which did not cover her private parts?”

Claimant: That is true.”

Defence Barrister: Naked?”

Claimant: “I cannot confirm that. What I will say - and it is important that you know this, my Lady - as she stood there my eyes glanced down and glanced up immediately and what I can confirm, and I am under oath, she either was wearing black underwear or...  the colour of the pubic hair was black.  So I can confirm there was black and that is and I cannot confirm whether she was - one hundred per cent if she was naked.”

Defence Barrster: “That is completely inappropriate behaviour on her part?”

Claimant: I am in one hundred per cent agreement with you.”

Defence Barrister:You were shocked?”

Claimant: I was shocked.”

Mrs Justice Davies: “... you described when you saw her at the door --”

Claimant: Yes.”

Mrs Justice Davies: “-- reading your statement it sounds as though she was wearing some sort of sweater or a jumper, is that it?”

Claimant: That is true, yes.”

Mrs Justice Davies: “What, long sleeved, short sleeves?  If you cannot remember say.”
Claimant: “You know what, I think it was long sleeve - it was a long - like a baggy sweater that - you know, it was long but it did not - it was not long enough.”

Mrs Justice Davies: “You mean it did not cover that part --”
Claimant: Yes.”

Mrs Justice Davies: “-- that you, in your statement, describe as private parts and today you say it did not cover what was either underwear or pubic hair?”
Claimant: That is right.”

Dr Theodore Piepenbrock’s Particulars of Claim

Paragraph 17.1. “Ms D welcomed the Claimant but when she opened the door he could see that she was not fully dressed. She had no trousers on. She was wearing a sweater-top which did not cover her private parts. This was completely inappropriate to the Claimant. The Claimant told her to get dressed, which she did.”

High Court Judgment

Paragraph 20. “The next morning the claimant rang Miss D to arrange a meeting.  He suggested they met and worked in the hotel lobby, she suggested they worked in the office area of the suite and he agreed.  The claimant asked if she was dressed and ready to go, she said yes.  He knocked on the door of the suite, when Miss D opened the door she was wearing a sweater top which did not cover what he described as “her private parts”.  In his evidence the claimant said he looked down briefly and could see black, either her underwear or her pubic hair.  He told her to finish getting dressed which she did.”

Paragraph 227. “Having considered the evidence relating to Miss D’s conduct... I have concluded that whatever it is Miss D did when she opened the hotel door to the claimant... she did not view her conduct in the same serious or inappropriate light as the claimant. This may well demonstrate a lack of insight on her part as to what is appropriate conduct but it would be in keeping with her previous behaviour in the department in respect of which no one at the LSE appears to have said anything to her.  Given this conclusion I do not regard her omission in her complaint of any reference to this “incident” as sinister or of real significance.”

Contemporaneous written evidence by Ms D, the LSE stalker

(Skype text conversation from Ms D to her former LSE classmate, 13-15 November 2012

after the Claimant strongly reprimanded Ms D for her gross sexual misconduct)

“things aren’t going so well... i’ve done something wrong… i’ve messed up badly… i am ‘being destructive’... i don’t think he expects me to be around when he gets back… i can’t believe that i’ve messed this up… it was obvious there was a huge problem... i’m such an idiot... i don’t want to give up on this, but he’s already given up on me… i thought we were going to do big things… i said he would be on a shortlist of ‘the coolest guys I know’... Ted was absolutely furious with me… he doesn’t trust me, because i’m unstable... he accused me of doing things to attract him, so i have control over him… he was also telling me that other people think i do the control thing too… he implied that others have said I use myself to attract and control other people… he says i’m unstable.  he says i’m out of control.  i’m some kind of evil seductress...  i use certain behaviours to attract men so that i have control over them, and he told me that other people know this about me… and then - god i called my family bc (sic) i didn’t know up from down anymore... and my mother called him!!!!!!  ugh, it doesn’t feel like i’m close to reality… please don’t mention that I said anything to you...”