The most important facts at a glance
- Reporting sexual harassment without witnesses? We are at your side with expertise and empathy!
- Our experienced Specialist lawyers for criminal law develop an individual defense strategy to refute the allegations.
- With us at your side, you not only maintain your presumption of innocence, but also achieve complete exoneration.
Display does not equal guilt
Many clients who have received a complaint of sexual harassment without witnesses are deeply shocked and unsettled. They wonder how these allegations could even come about and what they can now expect. The fear of being publicly pilloried and suffering professional consequences is great.
But one thing is important to know: A complaint is by no means proof of culpable behavior. The presumption of innocence applies in criminal proceedings. This means that the innocence of the accused must first be assumed. The burden of proof lies solely with the prosecuting authorities.
This is precisely where we come in as experienced criminal defense lawyers. Our task is to convincingly demonstrate the innocence of our clients and to refute any incriminating circumstances. To this end, we work together to develop a coherent defense strategy.
Refute the accusation of sexual harassment
But how can the accusation of sexual harassment be refuted if there are no direct witnesses? Admittedly, this is a challenge, but one that we have already successfully faced in numerous cases.
First of all, a precise analysis of the facts of the case is crucial. A closer look often reveals evidence that speaks for the innocence of our clients. These may be contradictions in the information provided by the person making the complaint, indications of possible motives for false accusations or evidence of the accused's impeccable conduct.
Even if there are no direct witnesses to the crime, it is often possible to find other people who can indirectly support our clients' innocence. Be it that colleagues have always observed professional behavior or that the alleged victim has never mentioned anything about the alleged assaults to third parties. So-called character witnesses are regularly very helpful.
We put these pieces of the puzzle together to form a coherent overall picture that proves the innocence of our clients. In doing so, we draw on our many years of experience in dealing with statement-versus-statement constellations.
Targeted approach to investigating authorities
When dealing with the criminal prosecution authorities, a level-headed and at the same time targeted approach is required. As an experienced criminal defense lawyer, I take care of communication with the police and public prosecutor's office for our clients.
We consistently defend against rash measures such as searches and ensure that our clients' personal rights are protected. We prepare our clients carefully for hearings in court. In this way, we ensure that they can present their side of the story convincingly without becoming entangled in contradictions.
We also focus on possible options for taking action against the person making the complaint if this is in your interest. It is not uncommon for it to emerge in the course of the proceedings that the accusation was made against your better judgment. We can then file a counter-charge of false accusation.
Averting professional and private consequences
A complaint of sexual harassment poses an enormous threat to a person's professional existence and private life. Employers often react with consequences under labor law. In the private sphere, the accusations often lead to stigmatization and isolation.
In order to avert these serious consequences, a holistic view is required. In addition to the criminal proceedings in the narrower sense, we also keep an eye on possible implications of the charges under labor and civil law.
For example, we check whether a dismissal that has been imposed is lawful or can be contested. We also develop a comprehensive defense strategy at an early stage with a view to any claims for compensation by the alleged victim.
Last but not least, we also assist our clients with media rehabilitation. Through targeted public relations work, we counteract reputationally damaging reports and restore the good reputation of our clients.
Your innocence is our greatest asset
In a situation as existentially threatening as a sexual harassment complaint, nothing is more important than a lawyer who stands behind his client unconditionally. This is exactly what distinguishes us as committed criminal defense attorneys at SITTIG LAW.
We fully identify with our clients' situation and do everything we can to refute the allegations made against them. In doing so, we always interpret every detail, no matter how small, in their favor.
Our clients particularly appreciate our meticulous working methods and our creative approach to developing relief strategies. We are not satisfied with half-baked solutions, but go the extra mile for our clients.
Rehabilitation is possible
For many clients who have received a complaint of sexual harassment without witnesses, the situation initially seems hopeless. But experience shows: With the right legal support, the chances of rehabilitation are very good.
In numerous cases, we have already succeeded in having preliminary proceedings against our clients dropped. Through meticulous detailed work, we have repeatedly succeeded in proving the innocence of the accused beyond doubt.
We are aware that such proceedings represent an enormous psychological burden for those affected. We therefore see it as our duty to support our clients emotionally and to give them the feeling that their worries and fears are being taken seriously at every stage of the proceedings.
Last but not least, care is also required in dealing with our clients' social environment. We provide support in communicating with family, friends and colleagues and help to repair damaged relationships.
Take the first step
Are you facing a complaint of sexual harassment without witnesses and don't know what to do next? Then get in touch with us today. In a non-binding initial consultation, you can describe your case to us and together we will develop an initial defense strategy.
We then take over the communication with the prosecution authorities for you and carefully prepare you for all further steps. In doing so, we always keep an eye on possible consequences under civil and employment law. Our top priority is to ensure that you are fully rehabilitated at the end of the process.
Don't hesitate to contact us - even if the situation seems hopeless at the moment. With our expertise and experience, there is a good chance that you will soon be relieved. The first step is up to you - we look forward to your call or email!
Frequently asked questions
Are you accused of sexually harassing someone even though there are no witnesses? This situation is not only extremely emotionally stressful, but also raises numerous legal questions. Here you will find answers to the 10 most frequently asked questions from our clients on this topic:
According to Section 184i StGB, anyone who physically touches another person in a sexually explicit manner and thereby harasses them is liable to prosecution. This also includes sexually explicit acts in front of the harassed person or acts that cause the person to touch themselves sexually.
No. As the accused, you have a comprehensive right to remain silent. You are not obliged to comment on the accusations and do not have to cooperate in clarifying the facts of the case. It is even advisable to initially remain silent and seek legal advice before making any statements on the matter.
Even without direct witnesses to the crime, there are ways to provide exculpatory arguments. These can be, for example, contradictions in the alleged victim's statements, indications of a false accusation or other evidence. Even if no one witnessed the crime themselves, it is often possible to find people who can support their innocence.
If there is no further evidence and the accused and complainant contradict each other, the public prosecutor's office can discontinue the proceedings. However, in the case of sexual offenses in particular, there is often a high level of interest in prosecution, which means that the public prosecutor's office will carefully examine whether there are any starting points for further investigations.
Although search measures are rather rare, they can also be ordered in the case of sexual offenses, e.g. to confiscate the accused's cell phone or computer. However, the investigators must observe the high requirements for a judicial search warrant. Disproportionate searches can often be averted with the help of a lawyer.
If the allegations cannot be proven with the certainty required for a conviction, the proceedings are discontinued. Under no circumstances may a court punish the accused „for safety's sake“ as long as there is reasonable doubt as to his or her guilt.
If, in the course of the proceedings, there are indications that the accusation was made against better knowledge, a counter-charge of false accusation should always be considered. At the same time, it is advisable to assert any claims for injunctive relief and damages under civil law against the person making the report.
Employers may not dismiss an employee solely on the basis of a complaint of sexual harassment. Although dismissal may be justified in serious cases or if there is a risk of recurrence, this usually requires a precise clarification of the facts and a hearing with the employee concerned. You can defend yourself against premature and disproportionate dismissals under employment law.
In the event of an acquittal, the necessary expenses are covered by the state treasury. This also includes the lawyer's fees in accordance with the Lawyers' Fees Act. In addition, the costs are covered by legal expenses insurance under certain conditions. We check this carefully in each individual case.
A charge of sexual harassment does not appear in the criminal record. This only contains legally binding convictions. If the proceedings end with a dismissal or acquittal, the certificate of good conduct remains unaffected. Employers are also not allowed to ask about pending investigations.
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