What Can a Sexual Harassment Attorney Do?

Harassment attorneys are important in cases in which both individuals and employers harass one another. A typical defense for a sexual harassment attorney must be substantial enough to prove that the allegations against an individual are wrong.

A popular defense used by a sexual harassment attorney may be that the verbal, non-verbal, and/or physical actions of the defendant do not equate to the legal definition of sexual harassment. If proven, then this defense can help get a person off the hook. For example, if a court ruling finds that a victim is exaggerating a claim and that the individual in question did not intentionally violate them, sexual harassment will not be found to be present.

The issue of intent is a strong defense and prosecution that a harassment attorney can use. If a victim's intent is to get the other individual in legal trouble for other reasons, but is using harassment as the means to do it, then the case can be thrown out. Additionally, if the harasser had every intention of sexually harassing the victim, the sexual harassment attorney can use that to prosecute the harasser. Intent is important since many times a person is unaware that they are violating another.

The golden defense for a sexual harassment attorney is that the victim is lying completely about the harassment. When this happens, it is easy for the defense to form evidence against the victim and prove that the accused harasser was falsely accused.

Many times a harassment attorney will try to use a defense that proves that a victim invited the harassment onto themselves. This sometimes controversial defense works to prove that by dressing or acting a certain way, the victim encouraged the actions of the harasser. A really strategic defense can help a sexual harassment attorney prove this to be true.

On the contrary, a harassment attorney on the prosecuting side can claim that those allegations take the responsibility away from the harasser and place them on the victim. They can also claim that regardless of how someone looks or engages with another, it does not force the harasser to make the choice to harass.

In any harassment case, especially sexual harassment, a harassment attorney is necessary to navigate the unique laws that govern this area of law. Many times these cases can get confusing, and depending on the implications, can turn on the victim very quickly. A sexual harassment attorney will work to ensure that a victim is not misrepresented in court.

NEXT: What is Physical Sexual Harassment?