Sexual Harrassment Charges and Defense

Prosecution of sexual harassment is on the rise and often finding the line between harmless flirting and sexual harassment can be difficult. Many are convicted of sexual harassment who are guilty, but there are those who have been convicted who were innocent. Knowing the basics of sexual harassment, what it is, the different types of sexual harassment, and how to avoid being charged with sexual harassment can be an important means to keep you from having problems in your workplace.

Sexual harassment is generally described as sexual advances that are not welcome, requests or demands for sexual favors, and other types of conduct that results from one's sexuality. Sexual harassment is seen as a form of sex discrimination, which is prohibited. There are two different kinds of sexual harassment that the federal government specifically prohibits. The first is hostile environment harassment and is usually committed by a peer such as a fellow coworker and causes the environment to be a hostile one to work in. The second kind is called quid pro quo harassment and is committed by someone who is in a person of authority over the victim.

Sexual harassment may actually include physical, verbal, or non-verbal actions. Usually physical sexual harassment includes some form of touching that is unwanted or unwelcome such as purposefully brushing against another person's body. Verbal sexual harassment is something that is said aloud, asking someone for sexual favors, or calling someone an unsavory sexual name. There is also non-verbal sexual harassment, which can be in forms such as looks, lewd gestures, notes, or even graffiti of a sexual nature about a person.

There are ways that you can avoid being accused of sexual harassment. If you work a job or attend a school you should be familiar with the specific sexual harassment policies that are upheld by the institution. Make sure that you know that there is a difference between flirting and sexual harassment. It should always be remember that flirting is something that occurs between people with both involved and having fun. Sexual harassment is something that is unwanted and uncomfortable for the other person. Any time that anyone asks that you stop a certain behavior, even if you think it is harmless, you should stop immediately. Keeping these guidelines in mind can possibly keep you from being accused of sexual harassment.

There are times when people are falsely accused of sexual harassment for a variety of reasons including malice or mistaken evidence. If you have been charged with sexual harassment the first thing you should do is find appropriate legal counsel. Be sure to find a lawyer that has experience in defending people who have faced sexual assault charges and can inform you of your rights and help clear your name.