There’s no easy way to handle a false sexual harassment claim.
Such an extreme allegation can stir up a lot of emotions for you and your loved ones, even if you know you’re innocent. Everything in your life kind of gets put on hold as you come up with a defense for your case.
But, the good news is you don’t have to figure out how to defend yourself from harassment allegations all on your own. That’s what a defense lawyer is for, and hiring one is the first step you should take once you’ve been notified of the claim(s) against you.
The following is an in-depth guide of all the steps to take to clear your name.
Hire a Criminal Defense Lawyer
It doesn’t matter how sure of yourself you are that the allegations against you are false. You need an experienced criminal defense lawyer by your side in order to present the best case possible.
This is the person that will guide you through the ins and outs of your case. They’ll help you understand just how serious the claims are and lay out all your options for you. They’ll provide legal counsel every step of the way as well as some of the emotional support you’ll need throughout this painstaking process.
But, you can’t hire just anyone for the job. Take the time to look for an attorney who’s worked on sexual assault and harassment cases before. Ask them about their success rate and what they can do for you before you get started, too.
Understand the Extent of Your Accuser’s Claim
Finding the right lawyer is the easy part. Once you’ve hired someone to defend you, it’s time to get to work. Before focus on your side of the story, though, you need to fully understand the claims against you.
There’s a big difference between sexual harassment in the workplace and sexual assault, for example. Not to mention, there are many ways an accuser could try to blame you for these things.
Sexual Harassment in the Workplace
In a sexual harassment case, you’re either facing Quid Pro Quo Harassment or Hostile Work Environment Harassment.
Quid Pro Quo refers to situations in which professionals who have a higher rank over someone else in the workplace demand sexual favors and threaten to take the other’s job if the action isn’t done.
Hostile Work Environment Harassment is a little more complicated. This refers to situations in which a person feels uncomfortable by actions or statements made by another coworker. It doesn’t matter if you’re of a higher, lower, or equal rank to your accuser. They may try to say that you’ve touched them inappropriately, made verbal sexual advances, or even that your jokes have made them feel uncomfortable at work.
Sexual Assault
Sexual assault is a broad term that can refer to various types of unwanted sexual interactions and behaviors. It’s defined as, “sexual contact forced on an unconsenting individual, or perpetrated on an individual who is not capable of giving consent.”
This can include but is not limited to:
- child sexual assault
- intimate partner sexual assault
- same gender sexual assault
- stranger sexual assault
These cases range from offenses such as touching or groping to rape, date rape, and aggravated sexual assault. It’s important to note that there are cases in which a defendant is facing a mix of sexual harassment and sexual assault charges.
Start Putting Your Case Together
Once you understand the claims your accuser has against you – and the consequences you may have to face for them – it’s time to start putting your defense together.
The key to your defense is to be as detailed as possible. Do not leave anything out when talking to your defense attorney. However, be sure that you only discuss these matters with your legal team.
Here’s a summary of how the process will go:
Documenting Your History with the Accuser
Before you get into the details regarding the event that an accuser is stating you harassed/assaulted them, document your history with this person.
Define how long you’ve been working together and/or how long you’ve known each other personally. If you only knew them for a short time before these allegations were filed against you, talk to your lawyer about how you met and how your relationship progressed to get to this point.
If you have any documentation of your communication with the accuser – like emails, private messages, texts, or even phone call records – show them to your lawyer.
Identifying Important Details to Support Your Case
The next part of documenting your case is to provide supporting evidence for your innocence. Talk to your lawyer about things outside of your relationship with your accuser. There may be some important details in your life that can counter what the accuser is saying about you.
This includes anything from where you were and what you did during the time period that they’re saying you made sexual advances, to something as simple as what you were wearing or where the two of you were. It only takes a small difference in detail to catch your accuser in a big lie.
Choosing Witnesses
Do you and your accuser have mutual friends? Is there someone that can vouch that your side of the story is true and accurate?
These are just a few of the questions your lawyer will ask in regards to witnesses. You want to start identifying your witnesses early on and communicating with them to make sure they will testify for you. These communications should always be done with your lawyer present.
Remember Your Rights
The final thing to keep in mind is that you do have rights as someone who has been accused of sexual assault. You don’t have to talk to police or other authorities until your lawyer is present, and even then, there may be things that your lawyer speaks for rather than having you say something you shouldn’t.
Talk to your defense attorney about all the legal rights you have. More so, ask for their advice regarding things you should and shouldn’t do until your case is over.
Take a Stance Against a False Sexual Harassment Claim
You can read about defending yourself against a false sexual harassment claim all you want. But, it’s only until you hire a defense attorney and start working with them closely that you’ll actually make progress in clearing your name.
Request a Free Consultation with Criminal Defense Attorney Mario Madrid:
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