Best Sexual Harassment Lawyers in Mocoa
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Find a Lawyer in MocoaAbout Sexual Harassment Law in Mocoa, Colombia
Sexual harassment in Colombia is unlawful and can be both a crime and a workplace violation. In criminal law it is called acoso sexual and is punished under the Colombian Criminal Code. In labor and educational settings it is also treated as a serious disciplinary and administrative offense. Residents of Mocoa - the capital of Putumayo - can seek protection and justice through local authorities including the Fiscalía, Comisarías de Familia, the Police, and labor inspectors, with specialized services for victims where available.
Sexual harassment includes unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects a person’s dignity, creates a hostile environment, or is used to make decisions about employment or access to services or education. It can occur in workplaces, schools, public spaces, online, and in the context of public services.
This guide provides an overview specific to Mocoa - Colombia’s legal framework, where to turn for help, and practical steps to protect your rights. It is informational only and not a substitute for tailored legal advice.
Why You May Need a Lawyer
You may benefit from a lawyer’s help in several common scenarios:
- Filing a criminal complaint for acoso sexual and navigating the investigation with the Fiscalía and Police.
- Requesting urgent protective measures under Law 1257 of 2008 through a Comisaría de Familia, especially when the harassment occurs in domestic or intimate partner contexts or affects your safety.
- Pursuing workplace remedies under Law 1010 of 2006 when the harassment happens at work, including internal complaints, inspections by the Ministry of Labor, and claims for reinstatement or damages.
- Addressing harassment in schools or universities through disciplinary processes and, when appropriate, criminal or administrative actions.
- Preserving evidence, managing communications with the accused or the employer, and avoiding retaliation risks.
- Seeking compensation for moral and material damages through a civil action attached to the criminal case or a separate civil claim.
- Understanding time limits, victim rights, and coordinating medical and psychological support as part of the legal strategy.
Local Laws Overview
- Criminal Code - Acoso sexual: Article 210A of the Colombian Criminal Code punishes sexual harassment as a crime. Typical penalties include imprisonment and fines, with possible increases when the offender abuses a position of authority or trust, is a public servant, is an educator, or when aggravating circumstances apply.
- Law 1257 of 2008 - Violence against women: Establishes prevention, protection, and assistance measures for victims of violence based on gender, including sexual violence. Protective measures can include no-contact orders, orders to leave a shared residence, and other immediate safeguards. These can be issued by Comisarías de Familia and judges.
- Law 1010 of 2006 - Workplace harassment: Defines and prohibits workplace harassment including sexual harassment. Provides preventive mechanisms, employer obligations, administrative sanctions, and protections against retaliation. Internal complaint routes and labor inspections are central tools.
- Criminal Procedure - Victims’ rights: Under the Code of Criminal Procedure, victims have rights to legal representation, information, participation in hearings, protective measures, and to seek reparations.
- Minors and vulnerable persons: When the victim is a minor or unable to consent, other more serious crimes may apply, such as actos sexuales con menor, with stronger penalties. The Childhood and Adolescence Code - Law 1098 of 2006 - reinforces protection and specialized care.
- Public servants and discipline: Sexual harassment by public officials can trigger disciplinary investigations under the Disciplinary Code and may lead to dismissal, in addition to criminal responsibility.
- Statutes of limitation: Criminal actions generally prescribe no earlier than five years for crimes with lower maximum penalties, while workplace harassment claims have specific limitation rules under Law 1010 of 2006. A lawyer can clarify the exact time frames in your case.
- Local application in Mocoa: You can report crimes to the Fiscalía in Mocoa, request urgent protective measures at the Comisaría de Familia, call Police for immediate response, and contact labor authorities for workplace issues. Forensic evaluations are performed by the Instituto Nacional de Medicina Legal y Ciencias Forenses at local or regional offices.
Frequently Asked Questions
What conduct qualifies as sexual harassment under Colombian law
Unwanted sexual advances, requests for sexual favors, or any verbal, nonverbal, or physical conduct of a sexual nature that affects dignity, creates an intimidating or hostile environment, or is used to make decisions about work, education, services, or benefits. It can be a single severe incident or a pattern.
Is sexual harassment a crime in Colombia
Yes. Acoso sexual is a criminal offense. You can file a complaint with the Fiscalía or through the Police in Mocoa. Depending on the circumstances, other sexual violence crimes may apply and carry higher penalties.
How do I report sexual harassment in Mocoa
You can report to the Fiscalía General de la Nación - local office in Mocoa, or to the Policía Nacional for immediate response. For emergencies call 123. To receive guidance on violence against women call 155. Keep copies of your report and ask for your case number.
What if the harassment happened at work
Use your employer’s internal complaint mechanisms and document everything. You can also approach the local labor inspector or the Ministry of Labor. Law 1010 of 2006 prohibits retaliation and allows administrative sanctions and other remedies. If the conduct is criminal, you can file with the Fiscalía as well.
Can I be retaliated against for reporting
No. Retaliation is prohibited. If you are disciplined, fired, or harassed for reporting, you can seek labor protection, reinstatement, or damages. Public entities and private employers can face sanctions for tolerating or retaliating against reports.
What evidence should I collect
Save messages, emails, chats, photos, and call logs. List dates, times, places, and witnesses. If there was physical contact or injury, seek medical care promptly and request a forensic evaluation from Medicina Legal. Do not delete content, and consider backing it up safely.
How quickly should I act
Act as soon as possible. Criminal complaints generally have multi-year prescription periods, but earlier reporting helps evidence. Workplace harassment actions have shorter limits under Law 1010 of 2006, often counted from the last incident. A lawyer can confirm deadlines for your case.
What protections can I get right away
Protective measures under Law 1257 of 2008 can include no-contact orders, orders to leave the home, and protection of children. In the workplace, temporary changes in schedule or work location may be ordered to prevent further harm.
What if the victim is a minor
Report immediately. Call 141 for the ICBF and contact Police or the Fiscalía. Cases involving minors usually proceed under stricter criminal provisions, and specialized services apply. Schools must activate their protection protocols.
Can I seek compensation for damages
Yes. You can request reparations within the criminal process or file a civil claim for material and moral damages. In employment contexts, you may seek reinstatement, unpaid wages, and other labor remedies.
Additional Resources
- Fiscalía General de la Nación - Seccional Putumayo - Mocoa - criminal complaints and victim services - CAIVAS where available.
- Policía Nacional - emergency line 123 - Line 155 for guidance on violence against women - Line 122 for Fiscalía information.
- Comisarías de Familia de Mocoa - urgent protective measures under Law 1257 of 2008.
- Ministerio del Trabajo - Inspección de Trabajo en Putumayo - workplace harassment complaints and inspections.
- Instituto Colombiano de Bienestar Familiar - Line 141 - protection services for children and adolescents.
- Instituto Nacional de Medicina Legal y Ciencias Forenses - forensic examinations for sexual violence cases - local or regional offices serving Putumayo.
- Defensoría del Pueblo - Regional Putumayo - legal guidance and rights protection.
- Personería Municipal de Mocoa - assistance with complaints and oversight of public services.
- Secretaría de la Mujer - Equidad y Género de la Gobernación del Putumayo - orientation and referral to local support services.
- Main public hospitals in Mocoa - urgent medical care and activation of the health sector protocol for sexual violence.
Next Steps
- Prioritize safety: If you are in danger call 123. Consider safe housing and trusted contacts.
- Preserve evidence: Save communications, write a timeline, identify witnesses, and seek medical care if needed. Ask for a forensic evaluation at Medicina Legal.
- Report promptly: File a criminal complaint at the Fiscalía or through the Police in Mocoa. If it is workplace related, activate the employer’s internal route and contact the labor inspector.
- Request protective measures: Approach the Comisaría de Familia to seek immediate protections under Law 1257 of 2008, including no-contact and residence orders.
- Consult a lawyer: A lawyer in Mocoa or Putumayo can evaluate criminal, labor, and civil options, manage deadlines, and represent you before authorities.
- Access support services: Seek psychological support and social services. Ask authorities to connect you with victim assistance programs.
- Follow up: Keep copies of all filings, note case numbers, and attend scheduled hearings. Document any retaliation and inform your lawyer or the authorities immediately.
This guide gives general information about sexual harassment law in Mocoa - Colombia. For advice tailored to your situation, consult a qualified lawyer licensed in Colombia.
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.