SEXUAL HARASSMENT LAWYER IN VIRGINIA/MARYLAND – EXPLORING THE CIVIL AND CRIMINAL ANGLE
Sexual harassment is illegal in any form; be it subtle or severe. The states are creating awareness on how to put an end to the offense and are taking effective steps to address the issue. Yet it is prevalent in households, workplaces, public places, or even on the internet. Sexual harassment can be categorized as both criminal as well as civil offenses. If you want to know where to start, contact the Law Offices of SRIS, P.C. to get a 360-degree view of the offenses and how to tackle it legally. The Sexual Harassment Lawyer in Virginia/Maryland chooses the best route for each and every case.
Sexual Harassment is a form of discrimination and misconduct that involves unsolicited comments, inappropriate conduct, or behavior having indecent orientation. The Law Offices of SRIS, P.C. has ample knowledge in the subject and our Sexual Harassment Lawyer in Virginia/Maryland can work out a suitable defense strategy to protect your interest.
Two Types of Sexual Harassment
- Quid Pro Quo Harassment: It refers to a situation where a person in the higher authority (a manager or a supervisor), offers employment favors in return for intimate pleasure. Sexual Harassment Lawyer in Virginia/Maryland explain that this type of offense goes unnoticed most of the time and many avoid reporting it fearing unemployment.
- Hostile Work Environment: Sexual Harassment Lawyer in Virginia/Maryland explains that a hostile work environment is the most common type of misconduct where the employee has to deal with a wide range of obscene behaviors.
The Sexual Harassment Lawyer in Virginia/Maryland emphasizes the fact that both men and women equally face such problems at the workplace; hence, both genders must be treated with respect. Immediate action must be taken to stop such untoward behavior because such inappropriate conduct not just intimidates the victim but leaves an irreparable scar in their life.
Civil lawyer suing on behalf of the victim
In the US, workers or employees are protected against sexual harassment under federal and state laws.
Sexual Harassment Lawyer in Virginia/Maryland points out that employers have the right and authority to easily put such actions to an end, even before reporting it; but, if for some reason, a victim is not given justice, he/she has the right to sue the person causing inconvenience at the workplace. Sexual Harassment Lawyer in Virginia/Maryland explains that failing to take action on such misconduct in the workplace may lead to higher penalties for the offender.
Purpose of a civil case
In a civil case, the Sexual Harassment Lawyer in Virginia/Maryland needs to determine if damages can be claimed from the defendant. It is sufficient if the Sexual Harassment Lawyer in Virginia/Maryland is able to prove the preponderance of the evidence. Unlike criminal cases, there is no need to prove beyond doubt, 51% proof will suffice. Hence it is close to impossible to defend the charges in a civil court. This is one of the reasons for the victim to opt for the civil court route and the assistance of Sexual Harassment Lawyer in Virginia/Maryland is significant.
If the Sexual Harassment Lawyer in Virginia/Maryland confirms that the accused is liable for the charge, then the defendant cannot escape damages. The damages include lawyer fees, medical compensation, psychological damages, wage loss, relationship loss, and the list goes on.
The good news for the victim is, the defendant can be tried in the civil court even if the criminal court adjudged the accused not guilty of the crime, and in the same way, the accused can be charged criminally irrespective of the civil court verdict. The judgment of one court is not binding on the other. Speak to your Sexual Harassment Lawyer in Virginia/Maryland to know your eligibility.
When a sexual harassment case is brought to the civil court it is an intentional tort claim. There are two types of claims, negligent and intentional. In the negligent tort case, the accused could have prevented the offense from being in a responsible position and the intentional tort claim is related to the accused having the intention to harm the victim. Civil assault is intentional as the accused is in total control of their sexual-oriented actions. Your Sexual Harassment Lawyer in Virginia/Maryland will be the right person to explain the variation.
The Sexual Harassment Lawyer in Virginia/Maryland moves the civil court in most cases because they are not confident whether the state will file a case against the perpetrator in a criminal case. Moreover, in a civil court, the victim has control over the situation and it gives them an opportunity to sue the defendant with the help of an experienced Sexual Harassment Lawyer in Virginia/Maryland.
Criminal Defense Sexual Harassment Lawyer in Virginia/Maryland
The criminal proceeding in a sexual harassment case is lengthy and daunting. The preponderance of the evidence is higher in the criminal case, way more than the 51% standard for civil cases. This makes it tough for Criminal Defense Sexual Harassment Lawyer in Virginia/Maryland. If the prosecution witness is strong, the turf becomes rough. If the Criminal Defense Sexual Harassment Lawyer in Virginia/Maryland is able to prove with documents that the accuser is lying, there ends the case. Remember that such cases can garner the attention of the public and therefore it is advised to end the case as soon as possible.
The role of Criminal Defense Sexual Harassment Lawyer in Virginia/Maryland is crucial as in cases where it involves a public place like school or workplace, the accused may have to meet the accuser on a day-to-day basis. The accuser may come up with a host of documentary evidence like recording, chat text, social media posts, SMS, photos, or video to nail the defendant. Hence, compiling strong evidence to defend your stance can protect you from future complaints.
Once an accusation is made in a workplace, the company has the right to intervene in the issue and take relevant action against the wrongdoer. What if all the accusations made against the accused are untrue? Then it is time to hire a criminal defense Sexual Harassment Lawyer in Virginia/Maryland to investigate the matter to prove the allegations wrong.
Simple teasing cannot be accepted as sexual misconduct and similarly, consistent lewd jokes cannot be considered appropriate. Hence, both the victim and the accused must understand their rights and take immediate action. Contact your lawyer for more.
The Law Offices of SRIS, P.C. is well equipped to handle both civil and criminal proceedings. For more information contact our office.