When is sex allowed in the workplace?

In Stuttgart’s «Tatort: ​​Videobeweis» everything revolved around the question of whether the office sex between a boss and his employee, filmed by a surveillance camera, was «consensual». What methods are there to clarify this?

The “Tatort” fans, perhaps still marked by the New Year’s Eve festival, may have been amazed: karaoke, alcohol, dim light – and more or less obvious seduction games at a Christmas party in a Stuttgart insurance company. The Swabian risk calculators really let it go.

That the boss cheats on the employee – yes, that should happen. In the psychologically delicate case of Commissioners Lannert (Richy Müller) and Bootz (Felix Klare), however, it was a question of whether the sex between boss and employee was consensual or not. He says: yes. She says no. Thanks to the video recording of a surveillance camera, the – ironically – male investigators were able to conduct surveillance studies in an endless loop. Was that exciting to watch? And what methods can be used to find out whether sex was consensual – if testimony stands against testimony?

What was it about?

Actuarial mathematician Idris Demir (Ulas Kilic) lies dead in the foyer the morning after his company’s Christmas party, fallen from a great height. The last party guests who might have seen something are Idris’ colleague Kim Tramell (Ursina Lardi) and the joint boss, Oliver Jansen (Oliver Wnuk). The intimacy between Kim and Oliver should never come out, because the boss is married and a young father. During the interrogation, the co-sleepers learned that their sex was filmed by a surveillance camera. The later murder victim was obviously also nearby.



While the boss swears that his rendezvous with the employee was amicable, the experienced Kim paints a different picture: her boss forced her into intimacy, and in the end she only consented to prevent worse things from happening. In the Presidium, Lannert and Bootz watch the “sex video” over and over again to interpret the characters in the film …

What was it really about?

The question: what is “consensual sex” and the means by which one should check such contradicting statements as in the film. What is always a complex question that is difficult to clarify in countless rape processes is additionally charged in the “crime scene” by the fact that the sexual act was recorded by a grainy surveillance camera.

This means that the «crime scene: video evidence» can be added to one of the most exciting thriller sub-genres in film history: those strips in which, through excessive examination of a scene captured on photo, tape or film, the aim is to find out what really happened. In the absolute classic of this genre, Michelangelo Antonioni’s “Blow Up” from 1966, a photographer believes that he accidentally captured a murder in the photos he developed. In 1966 and in 2022 the question is: Are the observers mistaken? And: How can pictures lie?

When is sex prohibited in the workplace?

Basically, according to Swiss labor law, neither sex between colleagues nor between boss and employees is prohibited. However, some companies and institutions have “internal regulations” on this point. For example, banks, insurance companies and consulting firms have a reporting obligation to prevent conflicts of interest. The employer can also transfer employees to other departments if the relationship has a negative impact on the working atmosphere or work performance.



Of course, sex with the boss is only allowed if he is “consensual”. This point becomes particularly tricky when trainees or interns are involved in the relationship. Legal practitioners and psychotherapists recommend that the senior partner should inform Human Resources about such a relationship.

Why is the term “consensual sex” so difficult?

Actually, it shouldn’t be that difficult to determine what consensual sex is – at least if there is no testimony against testimony, as in the «crime scene». So if two adult and equally sane people have consented to sex, the matter should be legally okay. But there are exceptions: partners who are in a one-sided dependency relationship to one another (e.g. boss / employee) – the film addresses this – actually have to be viewed differently.

Incidentally, this also applies to sex in marriage or cohabitation, as a British study from 2013 helps to understand: According to the study reported by ukmedix.com, two out of three women, but only one in ten men, use sex for reward purposes. That means: women have sex with their male partners much more often because they believe that they cannot say “no” at this point than the other way around.

What’s next at the Stuttgart «Tatort»?

The next episode with Commissioners Lammert and Bootz will only be shown after the summer break in 2022. It is called “Tatort: ​​The Murderer in Me” and comes from the pen of the experienced filmmaker Niki Stein (“Rommel”), who is responsible for both the script and the direction: Ben Dellien was inattentive for a moment, ran over a cyclist – and just keep going. He tries to cover up the traces. Will the Stuttgart inspectors track him down anyway? Nicholas Reinke, Tatiana Nekrasov and Christina Hecke are the film’s guest stars.

“Crime scene: video evidence” ran on Saturday, January 1, 2022, 8:05 p.m. on SRFzwei.

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