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In Germany, sexual harassment is considered a form of discrimination and is governed by the German General Equal Treatment Act (AGG). This legislation states that all forms of unwanted sexual behaviour, such as derogatory comments, gestures, physical contact, or explicit pictures sent without consent are illegal. The city of Cologne adheres to the same national laws. Individuals who experience sexual harassment have the right to legal recourse and may be entitled to compensation.
Employing a lawyer in cases of sexual harassment can help in understanding the germane laws, exploring the different legal options available, and turning a disturbing and serious incident into an effective court case. Moreover, the testimony of a victim in sexual harassment cases can be a sensitive issue to handle, which a skilled lawyer can present properly in order to effectively prove your case. A legal expert can also help navigate the complexities of dealing with authorities and ensure your rights are protected throughout the process.
In Cologne, like the rest of Germany, sexual harassment can be addressed through either criminal proceedings or civil law action. Penal Code section 184i criminalizes sexual harassment, and such offences could lead to a prison sentence or a fine. Under the AGG, an individual can bring a civil claim for compensation or damages against the perpetrator. Employers have the obligation under AGG to protect their employees from sexual harassment, and violators can be obliged to pay compensation, notwithstanding any criminal liability they may face.
Report the crime to the nearest police station. It is also crucial to take good note of the incident's details, gather any potential evidence, and, if possible, find witnesses. It would also be beneficial to consult with a lawyer to ensure your rights are protected.
Yes, under German law, employers are obliged to protect their employees from sexual harassment. If they fail to do so, you can file a lawsuit against them.
Yes, under AGG, claims for monetary compensation must be filed within two months following the harassment. For criminal charges, different statutes of limitations apply, depending on the severity of the crime.
If your compensation claim is successful, you may be awarded an amount of money commensurate with the gravity of the infringement, which considers aspects like emotional distress, therapy costs, potential professional ramifications, and other related factors.
When reporting to the police or in a court case, your identity as the accuser will generally be known to the accused. However, your privacy is protected from the public and efforts are made to minimize the impact on you.
You can consult websites of governmental bodies like the Federal Anti-Discrimination Agency, and organizations like the Victim Support Germany (Weisser Ring), who offers support to victims of crimes. Frauen gegen Gewalt e.V. is a feminist organisation that has a list of counselling centres nationwide. These can be helpful when seeking additional assistance.
If you need legal assistance concerning sexual harassment, the first step is to consult with a lawyer who specializes in this field. Ensure that you gather all pertinent facts, evidence, and information relevant to the incident before your consultation. Consider reaching out to support organizations that can help you through the process, both legally and emotionally.
