Best Sexual Harassment Lawyers in Arlesheim

About Sexual Harassment Law in Arlesheim, Switzerland

Sexual harassment in Arlesheim is addressed under Swiss federal law and applied locally by authorities in the canton of Basel-Landschaft. It covers unwelcome sexual behavior that violates a person’s dignity or creates a hostile environment. Depending on the conduct and context, sexual harassment can be a criminal matter, an employment law issue, a civil personality rights violation, or a combination of these. Typical situations include harassment in the workplace, harassment in public spaces or online, and harassment within educational settings. Victims can seek protection, accountability, and compensation through police action, employment tribunals, and civil courts.

Why You May Need a Lawyer

Many people benefit from legal help to assess whether conduct meets the legal threshold for sexual harassment or another offense such as sexual coercion or assault. A lawyer can explain the options under criminal law, employment law, and civil law, and help you decide which avenues to pursue in what order. Legal counsel is especially valuable for preparing a criminal complaint within strict deadlines, guiding you through police interviews, and preserving your rights throughout the investigation.

In workplace cases, a lawyer can advise on internal complaints, help you document evidence, ensure the employer takes appropriate protective measures, and pursue compensation if the employer failed to prevent or stop harassment. If you face retaliation or dismissal after reporting, counsel can act quickly to object in writing and file claims within the required time limits. In civil matters, a lawyer can seek injunctions, restraining or contact bans, and damages for personality rights violations. Legal representation also helps with negotiation, mediation, and settlement, while minimizing risks such as defamation exposure when you speak up about your experience.

Local Laws Overview

Criminal law. The Swiss Criminal Code penalizes sexual harassment under Article 198 on complaint by the victim. More serious conduct can fall under provisions on sexual assault or rape, which the authorities prosecute ex officio. For offenses that require a victim’s complaint, you generally must file a formal criminal complaint within three months of learning the identity of the perpetrator. The Kantonspolizei Basel-Landschaft and the Staatsanwaltschaft Basel-Landschaft handle reports and prosecutions for Arlesheim.

Employment law. The Federal Gender Equality Act prohibits sexual harassment in the workplace and protects anyone working in Switzerland regardless of nationality or contract type. Employers must prevent and stop harassment and protect employees’ personality rights. If an employer fails to take adequate measures, the company can owe compensation of up to six months’ salary, in addition to damages for harm suffered. The burden of proof is eased for the person affected, meaning you must make the harassment plausible, and the employer must then show that there was no discrimination or that it took sufficient measures. Under the Swiss Code of Obligations, employers also have a duty of care to safeguard employees’ health and personality rights.

Civil law. Swiss civil law protects personality rights and allows victims to seek injunctions, removal of harmful content, publication of judgments, and damages or satisfaction. Where harassment overlaps with stalking or threats, protective measures such as contact and proximity bans can be requested from the competent civil court.

Procedure and venues. Workplace cases usually begin with an internal report and then, if needed, a conciliation proceeding. In Basel-Landschaft, employment disputes go first to the conciliation authority before a lawsuit can proceed. Employment cases up to a defined monetary value are handled in simplified procedures and often without court fees at first instance. Criminal complaints are filed with the police or the prosecutor. Civil protection requests and damages actions are filed in the competent district or regional civil court serving Arlesheim.

Deadlines and limitation periods. For criminal sexual harassment requiring a complaint, the three-month filing deadline is crucial. In discriminatory dismissal cases, you must object in writing before the end of the notice period and file a claim no later than 180 days after the termination becomes effective. Other civil claims may have different limitation periods, so early legal advice is important.

Compensation and remedies. Possible outcomes include fines or monetary penalties against the offender in criminal cases, compensation and damages in employment and civil cases, orders requiring the employer to implement protective measures, and court ordered contact or proximity bans to protect your safety.

Victim assistance and legal aid. Under the Swiss Victim Assistance Act, victims of sexual offenses can access free confidential counseling, medical and psychological support, and financial assistance. If you cannot afford a lawyer, you may qualify for legal aid in civil or criminal proceedings if your case has reasonable prospects of success.

Frequently Asked Questions

What behavior counts as sexual harassment under Swiss law?

Sexual harassment includes unwanted touching, sexually explicit comments, repeated suggestive messages, pressure for sexual favors, displaying sexual content that violates dignity, and other conduct of a sexual nature that creates a hostile or humiliating environment. In public or private settings, conduct that grossly violates sexual integrity can be a criminal offense. In the workplace, any unwelcome sexual behavior that undermines dignity may trigger employer duties and employee remedies.

Is sexual harassment in Switzerland a criminal offense or only a workplace issue?

It can be both. The Swiss Criminal Code penalizes sexual harassment on complaint by the victim, and more serious conduct is prosecuted ex officio. Independently of criminal law, the Gender Equality Act prohibits sexual harassment at work and provides civil remedies against employers who fail to prevent or stop it.

How quickly do I need to report to the police?

If the conduct falls under an offense that requires a complaint by the victim, you generally have three months from the day you learn who the offender is. If you are unsure which offense applies, speak to the police or a lawyer as soon as possible to avoid missing this deadline. Serious sexual offenses are prosecuted without a victim complaint, but early reporting still helps evidence collection.

What evidence should I collect?

Save messages, emails, images, and call logs. Write a dated account of each incident with times, places, and witnesses. Keep copies of internal reports to your employer and their responses. If there are injuries or health impacts, seek medical attention and keep records. Do not delete original files. A lawyer can help you preserve and present evidence lawfully.

What are my employer’s obligations?

Employers must prevent harassment, investigate promptly and impartially, protect the affected person, and take effective measures against the harasser. This can include separating the parties, disciplinary action, training, and policy changes. If the employer fails to act or acts inadequately, you may claim compensation and other remedies under the Gender Equality Act and the Code of Obligations.

What if I am dismissed after reporting harassment?

Retaliatory dismissal can be discriminatory. You must object in writing before the notice period ends and file a claim within 180 days after the termination takes effect. Remedies can include compensation and, in some cases, extensions of deadlines or protective orders. Seek legal advice immediately to preserve your rights.

Can I remain anonymous?

Complete anonymity is difficult in criminal proceedings, but protective measures are available, such as withholding your address from the accused, conducting hearings with safeguards, or restricting file access. In workplace procedures, confidentiality should be respected, but the employer may need to disclose limited information to investigate and act.

Do these protections apply if I am a temporary worker or a foreign national?

Yes. The Gender Equality Act and the duty of care under the Code of Obligations protect all workers in Switzerland, including temporary, part time, agency, and foreign employees. Criminal law protections apply regardless of nationality or residence status.

How much compensation can I receive in a workplace case?

If the employer failed to take adequate preventive or corrective measures, compensation up to six months of salary may be awarded, in addition to damages for proven financial loss or satisfaction for personal harm. The exact amount depends on the severity, the employer’s response, and the impact on you.

Will I have to pay court fees?

Employment disputes up to a statutory value threshold are often free of court fees at first instance, and simplified procedures apply. If you cannot afford legal representation, you may qualify for legal aid. Victim assistance services can also help with costs in criminal cases.

Additional Resources

Kantonspolizei Basel-Landschaft for emergency response and reporting of criminal offenses. Use the emergency number 117 if you are in immediate danger or need urgent police assistance.

Staatsanwaltschaft Basel-Landschaft for criminal complaints and prosecution related inquiries.

Victim assistance service in Basel-Landschaft for confidential counseling, medical and psychological support, and financial assistance under the Victim Assistance Act.

Frauenhaus beider Basel for safe shelter and crisis counseling if you feel unsafe at home or in your environment.

Fachstelle für Gleichstellung Basel-Landschaft for information on workplace equality, sexual harassment prevention, and referral to support services.

Basellandschaftlicher Anwaltsverband for referrals to local lawyers experienced in criminal law, employment law, and civil personality rights.

Trade unions such as Unia and Travail Suisse for workplace advice, representation, and support with internal procedures and negotiations.

Healthcare providers and forensic services for medical care, documentation of injuries, and psychological support after an incident.

Local conciliation authority for employment disputes in Basel-Landschaft for mandatory pre lawsuit conciliation in workplace cases.

Federal Equality Office for nationwide guidance on sexual harassment prevention and the legal framework.

Next Steps

Prioritize safety. If you are in danger, contact the police immediately. Consider reaching out to victim assistance services for confidential crisis support and safety planning. Seek medical attention if needed and ask for documentation of findings.

Document everything. Write down what happened with dates, times, places, witnesses, and any immediate reactions. Preserve messages, emails, social media posts, and call logs. Keep a copy of any internal complaint or response. Do not delete or alter original digital files.

Consider reporting to your employer if the harassment is work related. Use the channels specified in your policy or employee handbook. Request interim protective measures such as separation from the harasser, schedule adjustments, or remote work. Keep records of all communications.

Get legal advice early. A lawyer in Arlesheim or the wider Basel-Landschaft area can map your options across criminal, employment, and civil law, help you meet deadlines such as the three month criminal complaint period and the 180 day filing period after a discriminatory termination, and represent you in conciliation, court, or settlement talks.

Evaluate criminal action. If the conduct constitutes a criminal offense, discuss with your lawyer whether to file a complaint with the police or prosecutor. Early reporting strengthens evidence and may unlock victim assistance benefits and protective measures.

Protect your privacy and well being. Ask about protective measures in criminal and civil proceedings, limit social media exposure, and seek psychological support. If colleagues or managers need to be informed, your lawyer can help you do so in a way that protects your rights and reduces risk.

Avoid signing anything under pressure. Do not sign settlement agreements, resignation letters, or nondisclosure agreements without independent legal review. Your lawyer can negotiate fair terms that address safety, compensation, and references.

Prepare for conciliation and possible court proceedings. Gather evidence, outline your goals, and consider acceptable solutions such as compensation, policy changes, training, or reassignment. Many cases resolve at conciliation or through negotiated settlements.

Keep monitoring deadlines. Confirm the applicable time limits for criminal, employment, and civil actions. When in doubt, act early and get written confirmation of submissions.

Lean on support networks. In addition to legal counsel, victim assistance, health professionals, unions, and trusted friends or family can provide practical and emotional support throughout the process.