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.
