When Accused Of Sex Harassment - You Need A Special Lawyer For Defense
Sexual harassment is a case that needs legal attention - especially when you are the accused
. This crime constitutes unwelcome sexual advances, supplication for sexual favor and any other physical or verbal actuation that suggests a sexual encounter. This can apply to a case where a person had the feeling that he or she is treated inappropriately in a sexual manner. Sexual harassment usually takes place in the workplace, although any place can be a venue for this criminal act. Common setting for the commission of the crime is where both the victim and the offender are in usual close contact, meaning they are possibly members of the same organization.The offense can be against any of the sexes, not necessarily against women. This can be manifested subtly or vulgarly. These can be plain sexual suggestive comments, unwanted touch, blatant demand for sexual activity, lewd acts or even just risque jokes. In any form that the offense may manifest, the repercussions can be serious. And if you were the accused, it is best to consult a lawyer who has vast experience in this kind of crime.
Being accused of this offense can be a stigma on a person, especially if he is in the higher echelon in the community or business arena. If he has a high position, then the more that he would need the best defense lawyer against a case of sexual harassment. This cannot only affect the accused, the stigma can extend to his spouse and children, in case he are married. Even if he is yet unmarried, his position and his family can also bear the disgrace. And to clear his name, he has to fight a legal battle. He will need a good attorney.
It should be clarified that although cases of sexual harassment are directed to the male specie - men victimizing women - the men are no always the culprits. There are times when they are also victims.
The accusation can merit legal case subject to one condition or presence of one important element - "unwelcome". If and when the gesture, advances or touch are welcomed and received without fuss, then the act cannot be categorized under this transgression. So in establishing defense, the lawyer must refute the presence of this element. This is the major defense. But not anybody can establish the lacking of such requirement - only a defense lawyer would know.
As a special field of sexual discrimination, the offense of sexual harassment violates in part the Civil Rights Act of 1964 and such violation definitely is punishable under federal laws. Different states in USA had promulgated different supplementary laws pertinent to this offense. Even individual offices and organizations have their own guidelines and punishment relevant to this.
If you are the accused in the crime of sexual harassment, there is a lot of trouble for you should you be convicted. Therefore, legal counsel is really a necessity. Your attorney will have all the necessary means to prove the lack of the vital element to merit a case.
by: alona Rudnitsky