Sexual harassment typically occurs in a private setting with no eyewitnesses. Sexual harassment that occurs in a public setting at the workplace is typically viewed by co-workers as being consensual. Accordingly, victims of sexual harassment often believe that the alleged harassment will be impossible to prove because there are no supporting witnesses and it is "his word against mine." Thankfully this is not the case and the Courts acknowledge that sexual harassment is typically proven by circumstantial evidence.
The success of a sexual harassment lawsuit depends on the credibility of the victim and the alleged harasser. Although there may not be any witnesses, circumstantial evidence is provided by witnesses testifying that the victim's demeanor changed after an alleged incident of sexual harassment occurred or that the victim told an individual shortly after the sexual harassment occurred. A contemporaneous complaint about the sexual harassment is also persuasive circumstantial evidence that the sexual harassment occurred. Evidence can also be obatined from a psychologist, social worker, family member or friend that the victim confided in them regarding the sexual harassment.
If you have been sexually harassed, please contact an employment attorney to discuss the matter and the employment attorney can provide you with details regarding your ability to prove your case.
You should feel free to call our firm at (973) 920-7888 for a free consultation.From the author: Sexual Harassment Lawyers