Legal Question in Sexual Harassment in Illinois

His Word against Mine

I was sexually harassed at work. My manager kissed my neck, hugged me, and kissed me on the lips. I told him no. The DA says since I have no proof of it, it is His Word against Mine. How can I get him on charges?


Asked on 1/08/02, 12:11 pm

2 Answers from Attorneys

Jeffrey Friedman Law Office of Jeffrey Friedman

Re: His Word against Mine

Sexual harassment at work is prohibited by the federal anti-discrimination laws. If there is sufficient evidence of this, then you may have a claim for money damages. Please feel free to contact an attorney to discuss the facts of your case.

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Answered on 1/08/02, 1:57 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: His Word against Mine

To further the reply of Mr. Friedman, the DA (or, in Illinois, the State's Attorney) must prove criminal assault and battery, i.e., harassment, to a standard of "beyond a reasonable doubt," which may be difficult in a "his word against mine" environment.

In a civil lawsuit, however, based upon federal or state anti-descrimination statutes, a plaintiff need only meet a standard of "preponderance of the evidence," or, in layman's terms, fifty-one percent.

Thus, while you may have a valid claim against your employer for money damages in a civil proceeding, a prosecutor may not want to take the case.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

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Answered on 1/08/02, 10:16 pm


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