Sexual Harassment Charges and Defense

Sexual harassment is a form of discrimination. It can take several forms, including physical, verbal and online harassment.

Physical Sexual Harassment

Physical harassment is unwanted physical attention that is intended to intimidate, bully and humiliate an individual.  Physical sexual harassment can include, but is not limited to, the following:

• touching
• groping
• pulling on one’s clothing
• rubbing
• hugging
• kissing

Verbal Sexual Harassment

Verbal harassment is the speaking of words and comments which are intended to intimidate, bully and humiliate someone and continues despite requests to stop. When the comments are sexual in nature, the harassment is deemed “sexual” verbal harassment.  Examples of verbal sexual harassment can include, but is not limited to, the following:

• sexual names/jokes
• comments directed at a person’s body
• comments about a person’s sexual activity
• sexual intimidation
• sexual noises or sounds

Sexual Harassment Online

Online harassment is essentially visual harassment which is intended to embarrass, humiliate, bully and intimidate another individual.  Sexual online harassment may include the following:

• suggestive emails
• suggestive images
• sexual drawings/pictures
• harassing emails
• any sexual verbal harassment in online/written/email format

Pressing Charges for Harassment

There are several remedies one has for handling a harassment case. If in a employment setting, one may seek to file with the Equal Employment Opportunity Commission or file with the particular state’s Fair Employment Practice’s statute. However, if the matter is not workplace related, one may seek to file a private action, based upon such causes of action as infliction of emotional distress, slander or libel.  One may seek damages for loss of enjoyment of life or employment, depending upon the jurisdiction and the circumstances. Moreover, the plaintiff must present supporting evidence.  This may consist of documentary evidence, such as written letters or emails including illicit images. If documentary evidence is not available, the plaintiff may have to prove his or her case with witnesses.

Defending Against a Harassment Charge

Defending against a harassment charge may include the following arguments:

• mistake
• incapacity

When a Lawyer is Necessary

If one is involved in a sexual harassment matter in any way, one may seek to consult with an experienced attorney. An attorney can not only evaluate one’s situation, but also an attorney can help to direct one towards the most appropriate course of action.