Sexual harassment commonly occurs in private and there are no direct witnesses of the sexual harassment. When the sexual harassment takes place in public, co-workers may view the harassing conduct to be consensual or welcomed. Our clients who are victims of sexual harassment often believe that they cannot prove that the sexual harassment occurred because there are no eyewitnesses and it is a case of “he said, she said.” We do not need an eyewitness in order to prove before a court of law that you were sexually harassed. We can prove that you were sexually harassed through circumstantial evidence. Circumstantial evidence is indirect evidence used to establish or deny liability and is the most common form of evidence used in court.
We have found that the likelihood of success in a sexual harassment lawsuit is based on the credibility of the victim and the alleged harasser. This credibility is bolstered by providing circumstantial evidence by witnesses that the victim’s demeanor changed after an incident of sexual harassment or that a witness was told about the sexual harassment by the victim shortly after it occurred. A contemporaneous complaint is also persuasive circumstantial evidence that the sexual harassment occurred. Evidence can also be obtained from a social worker, psychologist, co-worker, friend or family member that the victim confided in regarding the sexual harassment.
If you have been sexually harassed, please contact us to discuss your case and we can help you evaluate the evidence and the likelihood of success of your case.
For more information, read Evidence in a Sexual Harassment Case.
February 28, 2010 – Tom McKinney – Castronovo & McKinney – Sexual Harassment Attorneys