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About Sexual Harassment Law in Cali, Colombia

Sexual harassment is a prohibited form of unwanted conduct that violates the dignity and rights of individuals in Cali, Colombia. This conduct includes unwelcome comments, advances, physical contact, or requests for favors of a sexual nature in workplaces, educational environments, public spaces, or other settings. In Colombia, sexual harassment is recognized as both a workplace offense and a criminal act. The national and local governments provide legislative frameworks and resources to protect victims, ensure their safety, and punish offenders, with Cali aligning closely with national standards while also implementing its own local measures to combat this issue.

Why You May Need a Lawyer

A lawyer experienced in sexual harassment cases can provide essential support and guidance in a range of situations, including:

  • If you have been a victim of unwanted sexual advances or conduct at work, school, or in public spaces.
  • When your employer or authorities fail to take your complaints seriously or if your safety feels compromised.
  • If you are accused of sexual harassment and need to defend your rights.
  • To navigate complex legal and administrative processes, file official complaints, and gather evidence.
  • To seek compensation or redress for damages, emotional distress, or lost opportunities.
  • To understand your rights and responsibilities under Colombian and local Cali law.

Local Laws Overview

In Cali, sexual harassment is addressed under Colombian national law and enforced by local authorities. Key frameworks include:

  • The Colombian Penal Code, Article 210A, criminalizes sexual harassment, defining it as any unwanted sexual conduct that threatens a person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
  • Law 1257 of 2008 focuses on the prevention, punishment, and eradication of violence and discrimination against women, including sexual harassment.
  • The Colombian Labor Code requires employers to protect employees from harassment and discrimination, with specific prevention and response responsibilities.
  • Local institutions in Cali, such as the Personería Municipal (Ombudsman’s office) and Secretaría de Bienestar Social, offer channels for complaints and support.

The law recognizes both public and private contexts and emphasizes timely investigation, protection of victims, and penalties for offenders.

Frequently Asked Questions

What is considered sexual harassment in Cali, Colombia?

Sexual harassment includes any unwelcome advances, requests for sexual favors, or other verbal, non-verbal, or physical conduct of a sexual nature that affects a person's dignity or creates a hostile or offensive environment.

Where can sexual harassment occur?

Sexual harassment can happen in workplaces, educational settings, public spaces, transport systems, and even digital environments. Laws apply across these contexts.

What should I do if I experience sexual harassment?

Document the incident, seek support from trusted individuals, and report the case to your employer, local authorities, or the police. Contacting a lawyer or a relevant support organization can be valuable.

Is sexual harassment a crime in Colombia?

Yes, sexual harassment is a criminal offense under Article 210A of the Colombian Penal Code and can lead to fines and imprisonment for offenders.

What are my rights as a victim?

You have the right to file a complaint without retaliation, to be heard and protected, and to seek legal, psychological, and medical support throughout the process.

Can I report sexual harassment anonymously?

Reporting mechanisms may allow you to remain anonymous, especially through certain institutional channels. However, for legal proceedings, your identity may eventually be needed.

What if my employer ignores my complaint?

If your employer fails to act, you can escalate your complaint to labor authorities, the Personería Municipal, or pursue criminal proceedings with the police or Fiscalía (Prosecutor's Office).

How long do I have to file a complaint?

While specific timelines may vary, you are encouraged to report sexual harassment as soon as possible. Delays can affect evidence and the case's strength.

What kind of evidence could support my case?

Emails, text messages, witness statements, recordings, and other documentation of the incidents are valuable. A lawyer can guide you on collecting and presenting evidence.

Can men be victims of sexual harassment?

Yes, anyone can be a victim regardless of gender. The law protects all individuals who experience sexual harassment.

Additional Resources

Various organizations and public institutions in Cali can help individuals dealing with sexual harassment. Some key resources include:

  • The Personería de Cali (Ombudsman’s Office), which offers support and receives complaints.
  • The Secretaría de Bienestar Social, providing psychosocial support and assistance to victims.
  • The Fiscalía General de la Nación (Prosecutor's Office) for criminal complaints.
  • The Unidad de Atención a Víctimas for legal counseling and protective measures.
  • Non-governmental organizations such as Fundación Mujer Libre and Fundación Santa Rita de Casia, specializing in victim advocacy and support.
  • Puntos de Atención de Víctimas located throughout Cali, providing immediate help.

Next Steps

If you believe you are experiencing sexual harassment or have been accused, take these steps:

  • Prioritize your safety and seek support from trusted persons or services.
  • Document every incident in detail, including dates, times, locations, and witnesses.
  • Reach out to a qualified lawyer who specializes in sexual harassment cases for personalized guidance and support.
  • Contact relevant authorities or organizations to formally report the matter and access support services.
  • Attend all legal and support appointments, and cooperate fully with investigations.
  • Remember that you have rights and options under the law. Professional help can make the process less overwhelming and more effective.

Seeking legal advice early can help ensure your rights are protected, your case is fairly heard, and justice is pursued for all parties involved.

Lawzana helps you find the best lawyers and law firms in Cali through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Sexual Harassment, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Cali, Colombia - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.