I am posting this for a couple of reasons. One, I don't like the standard operating procedure of some organizations which presume "the accused is automatically guilty." Second, I don't like that someone's perception of a "sexual advance," even if it is all in the accuser's mind, completely fabricated, completely false, completely a lie, can cost someone accused of such a thing their job, their position, their home, and even their family.
Understand what happens in many organizations that simply accept such a claim at face value. The person being accused can lose their job, have problems finding a new job, fall back on paying bills, fail to pay their rent or mortgage, and be forced to endure financial hardship and strain. It can also result in the loss of a career and even the termination of a marriage.
Now, imagine being falsely accused.
Being falsely accused of something like sexual harassment, and dealing with a legal system that may have already convicted you -- coupled with the uncertainty of what to expect next -- can be nerve-wracking. Add to that the personal, financial, and societal repercussions of such allegations, and it can all have a significant negative impact on your mental health.
The potential legal consequences and the overarching uncertainty of what lies ahead can lead to depression, stress, anxiety, and feelings of guilt and shame despite your innocence. Being wrongfully accused can jeopardize your marriage, harm your relationships with family members and friends, and hurt your ability to form and sustain connections with people.
After being a victim of false accusations, you may find it difficult to have meaningful friendships because you may find it difficult to trust others again. Yes, the emotional toll of being wrongfully accused is more than we realize.
Of course, if you are a Veteran suffering from PTSD, being falsely accused can be extremely traumatic to your mental health because it can trigger PTSD symptoms such as flashbacks, nightmares, and severe anxiety. And while such a thing can have you questioning your self-worth, you may also find yourself drinking too much to self-medicate, isolating away from people, and avoiding the things you enjoy.
As for dealing with your accuser, and possibly the person who she colluded with to attack you, it is recommended you avoid contact with them.
So, imagine going through all that while being wrongfully accused of something you did not do. That's why I say if a person is falsely accused of sexual harassment, a term which means that a person has made an unwanted sexual advance on another, they are being wronged and need to stand up and fight.
In this case, if that's you, then you need to get an attorney and prepare to defend your name -- which may mean suing the person and the organization that wronged them. It's important to fight for yourself. If you don't fight for yourself, no one else will.
And by the way, I know real well that suing someone is not what anyone would consider "The Cowboy Way" of doing things. I know real well that a cowboy gets his inner strength from the Bible and knowing what is right and what is wrong. I also know real well that a cowboy is true to his beliefs. But friends, we live in the modern-day world, and not back in the day when we would be able to confront our false accuser in the public square. So whether we like it or not, in today's world, lawsuits are how the falsely accused can get justice and throw light on those who would falsely accuse someone of something that they did not do.
Knowing this, you should know that if someone has made false accusations against you, you need to get an attorney and be prepared to sue your accuser and the organization involved. Of course, you can sue for defamation. But you can also sue for malicious prosecution.
My friends, that's why I have attorneys working for me. From my experience with lawsuits, especially being falsely accused of something, they are not fun and can be costly. But getting an attorney to start legal actions against someone who has falsely accused you of something, and the organization that presumed your guilt without looking into the facts of the accusation, is the right thing to do. Sadly, lawsuits are your only recourse to clear yourself of blame or suspicion of doing something wrong.
No, it's not like an organization will investigate the claim to find out if there were extenuating circumstances, if it was intentional, fabricated, or simply assumed when there was no sexual advance. It's not like an organization will check to see if the accuser had other motives in mind when falsely accusing you. It's not like an organization, whether it's an employer or a non-profit volunteer group, would look into the case to determine if there was malice that the accuser may have against you the accused. And no, it's not as if an organization would issue an apology to the person who was falsely accused.
That's why lawsuits are important. While there was a time in my life when I didn't believe in lawsuits, and frankly I thought there were too many attorneys in the world, I've learned the hard way that lawsuits can sometimes be the only way that we can get justice for ourselves.
As sad as that is, it's why employers take sexual harassment claims very seriously. Employers don't want to be sued. That's why employers take the side of the accuser. Of course, employers don't expect the accused to sue them to clear their name of wrongdoing. In fact, employers usually take the side of the accuser because they assume that an accuser wouldn't file such a claim if it didn't happen. They assume the accuser is honest, and usually almost always immediately assume the accused is guilty.
But sadly, there are dishonest people in the world. And yes, some people will falsely accuse someone of just about anything. Yes, both in the workplace and in non-profit volunteer groups.
Knowing that fact of life, we should understand that there are people who will falsely accuse someone of something that's not true. It happens every day. It's just a fact of life. There are people who will falsely accuse someone of sexual harassment or something else while knowing full well that their lie will result in the accused being removed from a position and possibly getting fired.
And yes, just as people are very different, there are a lot of different reasons that people would falsely accuse someone. Some people would file a claim of sexual harassment against someone just so they can watch the accused deal with court costs to fight their lies. Some people would file such a claim in an attempt to create emotional distress and ruin someone's marriage. And yes, some people file a sexual harassment claim just to see someone terminated -- or see them taken out of a position that the accuser feels should have gone to their friend instead. It happens. Yes, it happens.
There are a lot of reasons why someone would intentionally attack someone with such false claims, employee or volunteer, including the fact that the accuser just might not like you. It's not unheard of for a woman to try to ruin a man's life simply because she felt like doing so.
If you don't think that happens, take a look at how many police officers have been falsely accused of sexual harassment and sexual assault while in the performance of their duties. Those claims are usually made vindictively with no basis -- but they're made. And yes, they can have an impact on an officer's career.
So if you've been falsely accused of sexual harassment, especially if you've suffered emotionally or financially from being falsely accused, my recommendation is that you take the first step and contact an attorney. If you find yourself wrongfully accused of sexual harassment or misconduct at your place of work or while volunteering for an organization, it is crucial for you to seek legal counsel promptly.
Remember, whether we like it or not, in today's world, even false accusations can result in severe consequences -- such as termination and even criminal charges.
The article below was sent to me by a friend who is an attorney. It is a short article that may help you if you've been falsely accused of sexual harassment.
False Sexual Harassment Claims: Legal FAQ -- FindLaw
By Christopher Coble, Esq.
Can I Respond to False Accusations?
Anyone's first impulse when they've been falsely accused is to deny the charge as loudly and comprehensively as possible. But, just like there are things you shouldn't say to a cop, there are things you shouldn't say in response to a false sexual harassment charge.
Remember, the burden is on the accuser and your employer to prove the harassment. So if nothing happened, you should be in good shape. As backwards as it seems, vociferous denials and explanations may only hurt your case.
There's a reason officers tell suspects "anything you say can and will be used against you." So while you should answer formal questions about the incident honestly, outside of the official investigation of the claim, you may want to remain as quiet about the issue as possible.
Can I Get a Lawyer?
We give this advice to criminal suspects and defendants all the time: you have the right to attorney, so use it. Even if you're innocent, there are legal issues and complexities only an experienced attorney can identify and understand.
In terms of our previous advice about choosing your defense carefully and holding your employer to their own policies and procedures, a good attorney will help you defend yourself and will know whether the investigation is legitimate and whether your company is playing by the rules.
And a knowledgeable attorney can advise you on what to expect from the investigation and claims process. Getting a lawyer doesn't make you look guilty -- it makes you look smart.
What Legal Recourse Do I Have For a False Accusation?
Depending on how the outcome of the sexual harassment investigation, there are counter-charging options. While we advised you to say as little as possible before and during the investigation, if you are cleared of the charge, you could file a defamation claim against your accuser.
Be warned: this type of "scorched earth" response can be risky, and should probably only be used after the internal investigation into the sexual harassment charge has been completed. The standards of proof for a defamation claim are high, and many of the elements can't be met while a company is looking into a harassment claim.
There are other problems with a defamation claim. First of all, filing a sexual harassment claim is generally considered a privileged statement, and therefore immune from defamation claims absent some demonstrable malice on the part of the accuser.
If you've been falsely accused of sexual harassment, in the workplace or otherwise, you should consult with an experienced sexual harassment attorney in your area.
Last updated on March 21, 2019
Sexual harassment in the workplace is a problem, and many instances of sexual harassment go unpunished and even unreported. At the same time, not every claim of sexual harassment is legitimate.
So if you've been falsely accused of sexual harassment at your job, what do you do? In short, you should treat it like a criminal investigation: be quiet, hire counsel, and let the process play out and vindicate you.
Sexual harassment in the workplace is a problem, and many instances of sexual harassment go unpunished and even unreported. At the same time, not every claim of sexual harassment is legitimate.
So if you've been falsely accused of sexual harassment at your job, what do you do? In short, you should treat it like a criminal investigation: be quiet, hire counsel, and let the process play out and vindicate you.
That may not be as easy as it sounds, so read on for a more answers to commonly asked questions regarding false sexual harassment claims.
Can I Respond to False Accusations?
Anyone's first impulse when they've been falsely accused is to deny the charge as loudly and comprehensively as possible. But, just like there are things you shouldn't say to a cop, there are things you shouldn't say in response to a false sexual harassment charge.
Remember, the burden is on the accuser and your employer to prove the harassment. So if nothing happened, you should be in good shape. As backwards as it seems, vociferous denials and explanations may only hurt your case.
There's a reason officers tell suspects "anything you say can and will be used against you." So while you should answer formal questions about the incident honestly, outside of the official investigation of the claim, you may want to remain as quiet about the issue as possible.
How Will the Claim Be Investigated?
Every company should have a specific harassment policy and process for addressing sexual harassment claims. You should follow that policy and adhere to your company's procedures for investigating the sexual harassment claim.
You should also make sure your employer follows the procedures as well, and document any deviation from the harassment policy. If your company doesn't follow their own rules on investigating and dealing with the harassment charge, that information could be useful in a wrongful termination claim.
You employer has a legal obligation to thoroughly investigate any and all sexual harassment charges. And while it may be difficult to trust that the investigation will be fair and protect your rights, fighting the complaint on your own terms, or otherwise failing to comply with the procedure may only hurt, rather than help, your case.
Every company should have a specific harassment policy and process for addressing sexual harassment claims. You should follow that policy and adhere to your company's procedures for investigating the sexual harassment claim.
You should also make sure your employer follows the procedures as well, and document any deviation from the harassment policy. If your company doesn't follow their own rules on investigating and dealing with the harassment charge, that information could be useful in a wrongful termination claim.
You employer has a legal obligation to thoroughly investigate any and all sexual harassment charges. And while it may be difficult to trust that the investigation will be fair and protect your rights, fighting the complaint on your own terms, or otherwise failing to comply with the procedure may only hurt, rather than help, your case.
Can I Get a Lawyer?
We give this advice to criminal suspects and defendants all the time: you have the right to attorney, so use it. Even if you're innocent, there are legal issues and complexities only an experienced attorney can identify and understand.
In terms of our previous advice about choosing your defense carefully and holding your employer to their own policies and procedures, a good attorney will help you defend yourself and will know whether the investigation is legitimate and whether your company is playing by the rules.
And a knowledgeable attorney can advise you on what to expect from the investigation and claims process. Getting a lawyer doesn't make you look guilty -- it makes you look smart.
What Legal Recourse Do I Have For a False Accusation?
Depending on how the outcome of the sexual harassment investigation, there are counter-charging options. While we advised you to say as little as possible before and during the investigation, if you are cleared of the charge, you could file a defamation claim against your accuser.
Be warned: this type of "scorched earth" response can be risky, and should probably only be used after the internal investigation into the sexual harassment charge has been completed. The standards of proof for a defamation claim are high, and many of the elements can't be met while a company is looking into a harassment claim.
There are other problems with a defamation claim. First of all, filing a sexual harassment claim is generally considered a privileged statement, and therefore immune from defamation claims absent some demonstrable malice on the part of the accuser.
Second, a key element of a defamation claim is publication, meaning a third party must have heard the claim. This may be difficult to prove if the investigation of the sexual harassment charge has been internal to your company and relatively quiet.
Third, you must demonstrate some injury due to the false allegation. While injury to your reputation qualifies under defamation law, it's more difficult to prove an injury while the investigation is ongoing. And finally, the allegedly defamatory statement must be false. While it may seem obvious to you that you've been falsely accused of defamation, the burden will be on you to prove the falsity of the claim, and that may be easier after the investigation is over and you've been cleared by your employer.
A false accusation of sexual harassment can be frightening and maddening, to say nothing of how it could affect your reputation at work. But responding the right way -- by thinking carefully about your statements, following the proper investigative procedures, and by having legal representation -- can minimize the negative effects of the claim.
Third, you must demonstrate some injury due to the false allegation. While injury to your reputation qualifies under defamation law, it's more difficult to prove an injury while the investigation is ongoing. And finally, the allegedly defamatory statement must be false. While it may seem obvious to you that you've been falsely accused of defamation, the burden will be on you to prove the falsity of the claim, and that may be easier after the investigation is over and you've been cleared by your employer.
A false accusation of sexual harassment can be frightening and maddening, to say nothing of how it could affect your reputation at work. But responding the right way -- by thinking carefully about your statements, following the proper investigative procedures, and by having legal representation -- can minimize the negative effects of the claim.
If you've been falsely accused of sexual harassment, in the workplace or otherwise, you should consult with an experienced sexual harassment attorney in your area.
So What Do You Do When You Want Vindication When Being Falsely Accused of Sexual Harassment?
Remain calm and hire an attorney.
-- end source.
Allow me to repeat myself, if you've been falsely accused of sexual harassment, especially if you've suffered emotionally or financially from being falsely accused, my recommendation is that you take the first step and contact an attorney.
Seeking justice when you've been falsely accused of anything is the right thing to do.
Tom Correa
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