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About Sexual Harassment Law in Muttenz, Switzerland

Sexual harassment in Muttenz is addressed through Swiss federal law and applied locally by the authorities of the canton of Basel-Landschaft. The law protects people from unwanted sexual conduct in many settings, including at work, in public spaces, in schools and universities, and online. Conduct can include unwanted touching, sexually explicit comments, degrading jokes, suggestive messages or images, stalking with a sexual component, or forcing someone into sexual contact. Some behavior is a criminal offense and can be reported to the police. Other behavior, especially in the workplace or in education, also creates civil and administrative rights that you can enforce to stop the conduct and obtain compensation.

Muttenz residents can report crimes to the Polizei Basel-Landschaft and seek protective measures or support services locally. If the harassment occurs at work, the Swiss Gender Equality Act provides specific protections and employer obligations. If you have experienced harassment, you can pursue criminal, civil, and workplace routes at the same time, depending on what happened. A lawyer can help you decide which steps make the most sense for your situation.

Why You May Need a Lawyer

You may want a lawyer if you are unsure whether what happened is a crime, a workplace violation, or both. A lawyer can review your account, explain your options, and outline the pros and cons of reporting to the police, pursuing a civil claim, or using your employer’s internal procedure.

If the harassment happened at work, a lawyer can help you notify your employer in a way that preserves your rights, request protective measures, and pursue compensation if the employer fails to act. If your job is at risk or you have been dismissed, legal advice is urgent because strict deadlines may apply.

If you need a restraining order or urgent protection, a lawyer can apply to the local civil court for measures that can include a contact ban and orders to stay away from your home or workplace. If you have suffered financial loss or psychological harm, a lawyer can claim damages and moral compensation.

If the case involves multiple jurisdictions, immigration status, or digital evidence, a lawyer can coordinate with the police, the prosecutor, and victim support to protect your interests and privacy.

Local Laws Overview

Swiss Criminal Code. Sexual harassment is a criminal offense under Article 198 of the Swiss Criminal Code. It covers behavior that sexually harasses or annoys another person, including exhibitionist acts. This offense is usually prosecuted upon complaint by the victim, which means you generally must file a complaint within a short period. More serious offenses, such as sexual coercion or rape, are prosecuted ex officio and carry heavier penalties.

Gender Equality Act. The Swiss Gender Equality Act prohibits sexual harassment at the workplace. Employers must prevent harassment, stop it when it occurs, and protect affected employees. If an employer fails to take adequate measures, the employee can seek compensation, which may be up to six months of salary. The law also protects employees from retaliation when they raise concerns or participate in proceedings.

Code of Obligations. Employers must safeguard employees’ personality rights. If they fail to act, employees may have the right to refuse work, resign with immediate effect for just cause, or claim damages and moral compensation. Claims for abusive dismissal have strict objection and filing deadlines.

Civil Code protective orders. Under the Swiss Civil Code, a person whose personality rights are violated by violence, threats, or stalking can ask the district court for protective measures such as a contact ban, an order to stay away from specified places, or the eviction of a person from a shared home. Courts can issue interim measures quickly if there is urgency.

Victim Support Act. Anyone who suffers harm to their physical, sexual, or psychological integrity as a result of a criminal offense is entitled to free and confidential support services. These services can include counseling, emergency financial assistance, help with medical and forensic examinations, and guidance through criminal and civil procedures.

Local procedure in Muttenz. Muttenz is in the canton of Basel-Landschaft. Crimes are investigated by the Polizei Basel-Landschaft and prosecuted by the Staatsanwaltschaft Basel-Landschaft. Civil protective orders and most employment disputes are handled at first instance by the Bezirksgericht Arlesheim. Timelines and filing requirements are strict, so early legal advice is important.

Frequently Asked Questions

What counts as sexual harassment under Swiss law

Sexual harassment includes any unwanted conduct of a sexual nature that affects a person’s dignity, especially when it creates a hostile environment or is used to make decisions about employment or education. Examples include unwanted touching, sexual comments or jokes, sending explicit messages or images, sexual advances, coercion for sexual favors, and exhibitionist behavior. Some acts are criminal, others may be handled through workplace or civil procedures, and many situations involve both.

Is workplace sexual harassment a crime or a civil matter

It can be both. The criminal law penalizes certain conduct, such as sexual harassment under Article 198 of the Criminal Code or more serious sexual offenses. Separately, the Gender Equality Act prohibits workplace sexual harassment and imposes duties on employers. You can report to the police and also pursue workplace or civil remedies at the same time.

How do I report sexual harassment to the police in Muttenz

In an emergency, call 117 for the police or 144 for an ambulance. For non-emergencies, you can contact the Polizei Basel-Landschaft to make a report and file a criminal complaint. Bring any evidence you have, such as messages, photos, or witness details. You can be accompanied by a trusted person or by a victim support counselor. You can also first speak confidentially with a victim support center to understand your options.

What are the deadlines for filing a criminal complaint

For offenses that are prosecuted upon complaint, such as sexual harassment under Article 198 of the Criminal Code, you generally have three months from the day you know the identity of the offender to file a complaint. More serious offenses like sexual coercion or rape are typically prosecuted without a complaint and have longer statutes of limitations. A lawyer or victim support service can help you determine which deadline applies.

What if the harasser is my boss or a colleague

Notify your employer or the designated complaint office as soon as it is safe to do so. The employer must investigate, take protective measures, and prevent further harassment. If you fear retaliation or the employer fails to act, consult a lawyer. You may seek interim protective measures, request a transfer, or take civil action for compensation. If crimes were committed, you can also report to the police.

Can I be fired for reporting harassment

Retaliation is prohibited. If you are dismissed because you reported or opposed harassment, the dismissal can be abusive and may entitle you to compensation. Under the Code of Obligations, you must object to an abusive dismissal in writing before the end of the notice period and file your claim within a short statutory period. Prompt legal advice is essential to meet deadlines.

What evidence should I collect

Keep a detailed timeline with dates, times, places, and what happened. Save messages, emails, images, social media posts, and call logs. Preserve clothing or items if physical contact occurred, and seek medical care to document injuries or collect forensic evidence if appropriate. Identify potential witnesses. Do not alter or delete data. A lawyer can advise on lawful evidence collection and privacy issues.

Can I get a restraining order in Basel-Landschaft

Yes. You can apply to the Bezirksgericht Arlesheim for protective measures under the Civil Code, such as a contact ban, an order to stay away from specified places, and eviction from a shared residence. The court can issue interim measures quickly if there is urgency and risk of harm. Police can also issue short-term orders in certain situations, followed by a court review.

Do I have to pay court fees

In criminal proceedings, victims can participate without bearing the prosecution’s costs, although civil claims joined to the criminal case may involve fees. In civil and employment cases, fees depend on the claim and canton. If you have limited financial means and a case with reasonable prospects, you can apply for legal aid, called unentgeltliche Rechtspflege, which can cover court fees and a lawyer.

Where can students or apprentices get help in Muttenz

Students and apprentices can contact their school or training provider’s ombudsperson or harassment reporting office. Institutions are required to protect students and trainees from harassment. You can also contact the cantonal victim support service for confidential advice, and if the behavior is criminal, report to the police. If the institution fails to act, a lawyer can help you escalate the matter.

Additional Resources

Polizei Basel-Landschaft. Report crimes, request protection, and ask about emergency measures. In emergencies call 117. For medical emergencies call 144.

Staatsanwaltschaft Basel-Landschaft. The public prosecutor investigates and prosecutes criminal offenses and can advise you on the status of a case once a complaint is filed.

Victim support for Basel-Stadt and Basel-Landschaft. Opferhilfe services provide free, confidential counseling, safety planning, help with medical and forensic examinations, and support with criminal and civil procedures.

Cantonal equality office Basel-Landschaft. The equality office provides information on workplace sexual harassment, employer obligations, and referrals to specialized services.

Trade unions and professional associations. Unions operating in the region offer advice and representation in workplace harassment cases, including help with internal complaints and court proceedings.

Local medical services. Hospitals in the Basel region can provide medical care and, where appropriate, forensic documentation. Victim support or the police can coordinate discreet examinations.

Confidential helplines. Nationwide helplines offer emotional support and crisis counseling, including services for adults and youth. They can direct you to local assistance in Basel-Landschaft.

Legal aid services. If you cannot afford a lawyer, inquire about unentgeltliche Rechtspflege through the local court or bar association referral services for reduced fee or pro bono help.

Next Steps

Ensure your immediate safety. If you are in danger, call 117. Seek medical care if you have injuries or may have been sexually assaulted, and tell providers if you want forensic documentation.

Document what happened. Write down details, save messages and images, and identify witnesses. Keep everything in a safe place. Do not confront the harasser if it is unsafe.

Get confidential support. Contact victim support services for free advice on your options, safety planning, and help navigating police and court processes.

Decide on reporting. Consider filing a criminal complaint, seeking a civil protective order, and notifying your employer or educational institution. A lawyer can help you coordinate these steps to protect your rights.

Consult a lawyer early. Ask about deadlines, evidence, possible remedies, and legal aid. Bring your timeline, evidence, and any employer policies to the meeting. In workplace cases, a lawyer can help you report internally, negotiate protective measures, or pursue compensation.

Follow through and seek ongoing support. Keep records of all actions and communications. Use counseling and community resources to support your well-being while the case progresses.

This guide is for general information only and is not a substitute for personalized legal advice. Laws and procedures can change. If you believe you have experienced sexual harassment in or around Muttenz, seek confidential advice promptly to understand your options and protect your rights.

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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.