Best Sexual Harassment Lawyers in Chur
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List of the best lawyers in Chur, Switzerland
About Sexual Harassment Law in Chur, Switzerland
Sexual harassment in Chur is addressed under Swiss federal law and by cantonal rules in the Canton of Graubünden. Federal legislation sets the main legal framework: criminal law covers serious sexual offences such as sexual coercion and assault, while labour and equality law covers unwanted sexual behaviour in the workplace and discrimination on the basis of sex. Cantonal authorities and local institutions in Chur provide policing, victim support and local administrative enforcement. If you have experienced sexual harassment, you may have criminal, employment-related or civil remedies depending on the facts and location of the conduct.
Why You May Need a Lawyer
Sexual harassment cases often involve overlapping legal issues - criminal proceedings, workplace complaints, insurance or social security questions, employment termination and civil claims for damages. A lawyer can help in many common situations: advising on whether behaviour meets the criminal or civil definitions of harassment, helping you report an incident to police and prepare a statement, dealing with employers who fail to act on complaints, seeking restraining orders or protective measures, negotiating settlements, pursuing compensation in civil court, preserving and collecting evidence, and representing you at hearings. Lawyers also advise on confidentiality, parallel proceedings and how actions could affect immigration, employment or family situations.
Local Laws Overview
Key legal points relevant in Chur include the following general rules. These are summaries and may not cover every detail of the law.
Criminal law - The Swiss Criminal Code criminalises serious sexual offences such as sexual coercion, sexual assault and rape. When conduct reaches the level of a criminal offence you can report it to the police. The public prosecutor conducts investigations and may bring charges.
Employment and equality law - The Swiss Federal Act on Gender Equality and related employment obligations require employers to prevent and respond to sexual harassment at work. Employers have a duty of care to protect employees and should provide internal complaint procedures, take reasonable measures to stop harassment and offer remedies. Employees can raise complaints internally, ask for changes to work arrangements, and may seek compensation or claim unfair dismissal if the employer fails to act.
Civil remedies - Victims can sometimes pursue civil claims for damages for psychological harm, loss of earnings or reputational damage. Civil claims require proof and follow different procedures and time limits than criminal cases.
Administrative and cantonal support - Cantonal offices and victim support services in Graubünden provide advice, counselling and referrals. Local police in Chur handle criminal reports and can take immediate safety measures. Statutes of limitation, procedural rules and available remedies can vary depending on the category of the claim, so early legal advice is important.
Frequently Asked Questions
What counts as sexual harassment under Swiss law?
Sexual harassment generally includes unwanted sexual advances, verbal or physical conduct of a sexual nature, and behaviour that creates an intimidating, hostile or offensive environment. In the workplace, it covers acts that violate an employee's dignity or create adverse conditions. More serious acts may meet the criminal definitions of sexual assault or coercion. Whether particular behaviour qualifies depends on context, frequency, power differences and impact on the victim.
Should I report sexual harassment to the police or to my employer first?
You can and often should do both. If you are in immediate danger, call the police. For workplace harassment, report internally to the employer or HR so they can take protective steps. Reporting to the police is appropriate when the conduct is criminal or you want a criminal investigation. A lawyer can advise on the strategic order of steps and help coordinate parallel procedures.
What evidence should I collect?
Keep records of dates, times, places, what was said or done, and any witnesses. Save messages, emails, screenshots, notes and medical or counselling reports. If there are physical injuries, seek medical attention and obtain medical records. Preserve digital evidence and back it up. Avoid deleting messages or altering physical evidence. A lawyer can advise on safe ways to preserve and present evidence.
Can my employer fire me for making a harassment complaint?
No, retaliatory dismissal or adverse treatment for making a good-faith complaint about harassment is prohibited. If an employer retaliates, you may have claims for wrongful dismissal or unfair treatment. It is important to document the complaint and any adverse actions afterward. Legal advice helps evaluate options and may include seeking reinstatement, compensation or other remedies.
What remedies are available if harassment happened at work?
Remedies can include employer measures to stop the harassment, changes to work arrangements, compensation for damages, disciplinary action against the harasser, and in some cases termination of the harasser. If the employer fails to act, you may bring claims through labour courts or civil courts. A lawyer can identify the most effective remedies in your situation.
How long do I have to bring a complaint?
Time limits vary by type of claim. Criminal prosecutions and civil claims have different statutes of limitation depending on the severity of the offence. Employment-related complaints also have procedural time limits. Because deadlines can be strict and vary by case, seek legal advice promptly to preserve your rights.
Can I get a protection order or restraining order?
Yes, in situations of threats or ongoing danger you can ask the police or criminal courts for protection measures. Civil courts may also issue orders limiting contact. If you feel unsafe, contact the police immediately and seek legal counsel to apply for protective measures.
Will reporting affect my immigration or residency status?
Reporting sexual harassment or pursuing legal action should not by itself be a ground for negative immigration action. In fact, victims of serious crimes may be eligible for support. However, immigration consequences can be complex in certain cases related to residence permits, employment permits or cross-border situations. If you are not a Swiss citizen, consult a lawyer experienced in both immigration and criminal/employment law to understand risks and protections.
How much will a lawyer cost and is legal aid available?
Lawyer fees vary depending on experience, complexity and time required. Initial consultations may be free or charged. Switzerland offers means-tested legal aid in many cantons for persons who cannot afford private counsel - this can cover legal advice and representation. Contact the local legal aid office in Graubünden or ask a lawyer about legal aid eligibility and fee structures.
What if the harassment happened outside the workplace or online?
Harassment outside work can still be criminal or give rise to civil claims. Online harassment, stalking or image-based abuse can be serious and may be prosecuted under criminal or civil law. Preserve digital evidence, report threats to the police, and seek legal advice on takedown or protection measures. Employers may still have obligations if online conduct affects the workplace environment.
Additional Resources
Local authorities and organisations that can help people in Chur include the Kantonspolizei Graubünden for police assistance, Opferhilfe Graubünden or other cantonal victim support services for counselling and practical help, Frauenhaus or local women s shelters for emergency accommodation, and the Amt für Gleichstellung or cantonal equality office for workplace and equality-related guidance. National organisations that provide support and information include Opferhilfe Schweiz and Weisser Ring. For legal representation, contact the local bar association or a lawyer specialising in criminal and employment law. Many non-governmental organisations offer counselling and multilingual support for victims.
Next Steps
If you have experienced sexual harassment, consider these practical steps. First, ensure your immediate safety - contact the police if you are in danger. Second, document what happened as soon as possible - record dates, times, witnesses and keep copies of messages and medical records. Third, seek medical attention if needed and obtain records. Fourth, report the incident to your employer if it occurred at work and request written confirmation of the complaint. Fifth, contact victim support services for emotional and practical assistance. Sixth, consult a lawyer to discuss criminal reporting, civil claims or employment remedies and to learn about legal aid options. Finally, maintain confidentiality where advised, avoid direct contact with the alleged harasser if you feel unsafe, and take care of your physical and mental health - help is available locally in Chur and at the cantonal and national level.
Note - This guide is for general informational purposes and does not replace personalised legal advice. Laws and procedures can change and outcomes depend on the specifics of each case. For advice tailored to your situation, consult a qualified lawyer in Chur or Graubünden.
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.