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If you have been accused of sexual harassment in San Antonio, start by hiring a good defense attorney. At Zarka Law Firm, we understand that sexual harassment cases can be difficult both to prosecute and defend, and we take pride in creating a solid defense for each of our clients.
What is Sexual Harassment?
Sexual harassment as a crime is tied to the workplace. It is a form of unlawful discrimination and is a crime under Title VII of the Civil Rights Act of 1964. Sexual harassment can take many forms, including unwanted physical contact, sexual comments or requests, vulgar visual content, inappropriate phone calls or letters, or offers of benefits in exchange for sexual favors.
Sexual harassment law is intended to protect people against pervasive or severely upsetting conduct. That means that a single action is rarely enough to qualify for a sexual harassment charge. If a charge has been brought against you, it means that someone is accusing you of being consistently inappropriate. You will need to prove that this is not the case.
If you are found guilty of sexual harassment, the punishment will depend on the level of harassment. For example, most physical contact would be charged as a Class C misdemeanor. However, pinching or otherwise causing pain may elevate the charge to a Class A. Sexual assault is a second-degree felony assault, and consistent harassment could be a Class B felony.
If you are found guilty of any of these charges, you may be sentenced to jail time or required to pay a fine. You may also have to register as a sex offender for the rest of your life, not be allowed to possess firearms and struggle to find housing or employment due to your criminal record. That’s why it is so imperative to have a knowledgeable criminal defense lawyer on your side.
There are a wide variety of potential defenses against the charge of sexual harassment. We may be able to show that the victim’s claims are false, that someone else was the perpetrator, or that the claims do not rise to the level of illegal sexual harassment. If the alleged victim did not correctly file their claim, or if the EEOC (Equal Employment Opportunity Commission) did not find anything, the claim may be thrown out.
It is illegal to retaliate against an employee for filing a sexual harassment claim. That means that if you have an employee who has accused you of harassment, you are not permitted to fire them, reduce their hours, or otherwise punish them. It is critical that you do not retaliate, even though it may be tempting. In many cases, the retaliation claim winds up being easier to prosecute than the initial sexual harassment claim.
Allegations of sexual harassment can quickly spiral from a seemingly minor workplace issue to a major criminal one, which is why it is so important to hire a San Antonio sexual assault lawyer. Remember, your HR department is there to protect the company, not to protect you. You need someone who you can count on to be on your side – that’s where Zarka Law Firm comes in.
You can count on Zarka Law Firm to develop the strongest defense possible for your situation. We are experienced attorneys that understand what you are going through. When you work with us, you can be sure that we will examine all of the evidence and do everything possible to keep your record clean and help you move forward with your life and put this behind you. Give us a call today to find out how we can help you fight sexual harassment charges in San Antonio.
