A person accused of sexual harassment can potentially raise several defenses to a sexual harassment claim.
A common defense to a sexual harassment claim is an attack on the victim’s credibility and good character. Lawyers for sexual harassment victims are never surprised when defendants accuse the plaintiff of being a liar, crazy, promiscuous, or a combination of the three.
If you are the plaintiff, the harasser will try to dig up any and all “dirt” he can find on you and present it to the jurors so they won’t like you. The harasser may do this to distract the jury from considering the terrible things the harasser did to you. Before trial, the harasser may investigate whether you, your spouse, or your child has had the following:
- a past criminal history
- restraining orders
- drug and alcohol problems
- bankruptcies
- spousal abuse
- violence toward a neighbor or friend
- hazing at a fraternity party
- threats and restraining orders
- promiscuity or sexual misconduct
- long periods of unemployment
- demonstrated racism
- lying on a resume or job application
- lying to get money or government benefits
- theft
- cheating in college
- bipolar disorder, depression, schizophrenia and other mental health issues
- unlawful entry or residency in the USA (including immigration fraud)
- tax or welfare fraud
- periods of homelessness and extreme poverty
- Past lawsuits and claims (whether you were suing or being sued)
They may investigate other unflattering aspects of your family history as well. Please remember that everyone has a skeleton or two in his or her closet (“judge not lest yee be judged!”). Just because you, your spouse, or your child has done something embarrassing in the past does not mean that the defendant’s sexual harassment of you is excusable. You still deserve to be in court. The smartest thing to do is to tell your attorney about such “skeletons” so he or she can take action to prevent such information from becoming an important part of the lawsuit.
Not only is sexual harassment illegal. The law also prohibits:
- Racial harassment
- Religious harassment
- Age-based harassment
- Harassment based on disability
- Harassment based on ethnicity or national origin
- Retaliation
Most people are familiar with workplace sexual harassment claims. Harassment in professional, business, and educational relationships are also illegal.
Sexual Harassment Topics: