Best Sexual Harassment Lawyers in Swieqi

About Sexual Harassment Law in Swieqi, Malta

Sexual harassment in Malta is unlawful and can give rise to criminal, civil, and employment law consequences. Swieqi is a locality within Malta, so national Maltese laws apply. Sexual harassment is generally understood as unwanted verbal, non-verbal, or physical conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Requests for sexual favours tied to work, education, housing, or access to services also qualify. Conduct can occur in person or online, in public or private settings, and includes behaviour by supervisors, colleagues, clients, landlords, educators, or strangers.

Depending on the facts, sexual harassment may be pursued as a workplace or equality complaint, a civil claim for damages, and in serious cases as a criminal matter such as sexual assault, harassment, stalking, threats, or coercion. Maltese law also protects those who report or assist with complaints from retaliation.

Why You May Need a Lawyer

Many people seek legal help because sexual harassment situations can be complex and emotionally taxing. A lawyer can help you do the following:

- Understand whether the behaviour you experienced meets the legal definition of sexual harassment under Maltese law.

- Choose the best route for your situation, such as an internal workplace grievance, a complaint to an equality body, a claim to the Industrial Tribunal, a civil lawsuit, or a police report.

- Preserve and present evidence effectively, including messages, emails, CCTV footage, witness accounts, and medical records.

- Seek urgent protective measures, such as a protection order or a civil injunction, where appropriate.

- Negotiate safe-working arrangements, transfers, paid leave, or settlement terms, and review any non-disclosure or severance agreement before you sign.

- Address cross-border or online elements, privacy and data protection, and media or reputational concerns.

- If you are accused, obtain a robust defense, manage disciplinary proceedings, and navigate criminal investigations without self-incrimination.

Local Laws Overview

Key Maltese laws and mechanisms relevant to sexual harassment include the following:

- Criminal Code - criminalises harassment, stalking, sexual offences, threats, and related conduct. Courts can issue protection orders and impose penalties that may include fines and imprisonment.

- Equality for Men and Women Act and related equality regulations - prohibit sexual harassment and victimisation in employment and in the provision of goods and services. The National Commission for the Promotion of Equality can investigate complaints and make recommendations.

- Employment and Industrial Relations Act and related regulations - prohibit sexual harassment and victimisation at work. The Industrial Tribunal can hear certain workplace claims and award remedies such as compensation and, in some cases, reinstatement.

- Equal Treatment in Employment Regulations - require employers to prevent and address harassment, including sexual harassment, and to provide a safe work environment.

- Occupational Health and Safety Authority framework - imposes a duty on employers to protect employees’ health and safety, including psychosocial risks like harassment and bullying.

- Gender-Based Violence and Domestic Violence Act - strengthens protection, support services, and coordination for victims of gender-based and domestic violence, which can overlap with sexual harassment.

- Victims of Crime Act - sets out the rights of victims, including access to information, support services, interpretation, and protection measures.

- Data protection laws - require employers and service providers to handle complaints confidentially and in line with GDPR and Maltese data protection law.

Definitions and scope: Maltese equality laws adopt EU-aligned definitions that cover both quid pro quo sexual harassment and hostile environment harassment. The law protects employees, job applicants, interns, contractors, students, tenants, consumers, and others using services.

Employer duties: Employers must take reasonable steps to prevent and stop harassment, adopt clear policies and reporting procedures, investigate complaints promptly, and protect complainants from retaliation. Employers can be held responsible if they fail to act.

Burden of proof in equality cases: If a complainant establishes facts from which sexual harassment may be presumed, the burden can shift to the employer or respondent to prove there was no breach.

Remedies: Depending on the forum, remedies may include compensation for material and moral damage, orders to stop the conduct, policy changes, reinstatement, disciplinary action against offenders, and criminal penalties. Equality bodies can investigate and recommend corrective action, but courts or the Industrial Tribunal decide compensation.

Time limits: Deadlines can be short and vary depending on the route taken. Seek legal advice promptly to avoid missing a filing window.

Frequently Asked Questions

What counts as sexual harassment under Maltese law

Unwanted conduct of a sexual nature is sexual harassment when it violates your dignity or creates a hostile or offensive environment. Examples include sexual comments or jokes, leering, sending sexual messages or images, unwanted touching, repeated requests for dates after refusal, and proposing benefits at work or school in exchange for sexual favours. One serious incident can be enough, and online conduct can qualify.

Does the law apply in Swieqi even if the incident happened outside the workplace

Yes. While many cases arise at work, Maltese law also protects people in education, housing, and access to goods and services, and criminal law applies anywhere in Malta, including Swieqi. Harassment through social media or messaging that affects you in Swieqi can be actionable.

What should I do immediately if I experience sexual harassment

If you are in danger, call 112. Seek medical care if needed and ask about preserving forensic evidence. Write down what happened, save messages and emails, and identify witnesses. Consider reporting through your employer’s procedure or to the police, and get legal advice before making formal statements if you are unsure of the best route.

Where can I report sexual harassment

You can report to your employer or school under their internal policy, to the National Commission for the Promotion of Equality for equality-related complaints, to the Department of Industrial and Employment Relations or the Industrial Tribunal for workplace claims, and to the Malta Police Force for criminal conduct. Many people pursue more than one route at the same time.

Will my employer be liable for harassment by a colleague or a client

Employers can be held responsible if they fail to take reasonable steps to prevent harassment or to act when they know or should know about it. This covers harassment by supervisors, co-workers, and in many situations by third parties such as clients, customers, or contractors present at the workplace.

Can I be punished or fired for reporting harassment

Victimisation is prohibited. It is unlawful to dismiss, demote, reduce pay, or otherwise disadvantage someone because they reported harassment, acted as a witness, or supported a complaint. If retaliation occurs, you may have an additional claim.

What evidence should I keep

Save messages, emails, photos, call logs, and social media content. Keep a dated journal of incidents with times, places, and names of witnesses. Preserve access logs or CCTV references if known. Obtain medical records when relevant. Do not delete anything and avoid altering original files.

How long do I have to make a complaint

Deadlines differ across forums and can be short. Workplace and Industrial Tribunal claims, equality complaints, and civil or criminal actions each have their own limitation periods. Speak to a lawyer quickly to identify and meet the correct deadline for your situation.

What outcomes can I expect

Possible outcomes include stopping the conduct, changes to your work conditions, disciplinary action against the offender, compensation for financial loss and distress, reinstatement where applicable, and in criminal cases, penalties such as fines and imprisonment. Equality bodies can investigate and recommend corrective steps, but compensation is decided by the Tribunal or courts.

I have been accused of sexual harassment - what should I do

Seek legal advice immediately. Do not contact the complainant. Review your employer’s policy and cooperate with a fair investigation while protecting your rights. Provide evidence and witness details to your representative. Avoid making public statements. If police are involved, get advice before answering questions.

Additional Resources

Emergency services - call 112 for immediate danger or urgent medical assistance.

Malta Police Force - report criminal conduct at your nearest police station, including in or near Swieqi.

Victim Support Malta - national victims helpline 116 006 for emotional support and guidance.

Supportline 179 - Foundation for Social Welfare Services helpline for crisis support and referrals.

National Commission for the Promotion of Equality - information and complaints about discrimination and sexual harassment.

Department of Industrial and Employment Relations - guidance on workplace rights and complaint procedures.

Industrial Tribunal - forum for certain employment and discrimination claims.

Occupational Health and Safety Authority - information on safe work environments and employer duties.

Commission on Gender-Based Violence and Domestic Violence - coordination of services and policy on gender-based violence.

Legal Aid Malta Agency - legal assistance for eligible individuals.

Mater Dei Hospital Emergency Department - medical care, with access to clinical and forensic services when required.

Swieqi Local Council - community information and referrals to local support services.

Next Steps

1. Prioritise safety. If you feel unsafe, call 112. Seek medical attention promptly if you were physically harmed or assaulted and ask about preserving forensic evidence.

2. Document everything. Write a detailed account, save communications, and list potential witnesses. Keep copies in a secure location.

3. Review internal options. If the harassment is work or school related, request the policy and consider making a written report. Ask for interim measures such as schedule changes or separation from the alleged harasser.

4. Get legal advice early. A Malta-based lawyer can assess your options, protect deadlines, and contact your employer or the authorities on your behalf.

5. Consider formal complaints. Depending on your case, this may include a complaint to the equality body, a claim to the Industrial Tribunal, a civil action for damages, and reporting to the police if a crime may have been committed.

6. Seek protection and support. Discuss with your lawyer whether to request a protection order or a civil injunction. Use support services such as Victim Support Malta or Supportline 179.

7. Do not sign documents under pressure. Have a lawyer review any settlement, resignation, or non-disclosure agreement.

8. Follow up and keep records. Track all communications and outcomes, and continue to update your evidence file until the matter is resolved.

This guide provides general information for people in Swieqi, Malta. It is not a substitute for legal advice about your specific situation. For tailored guidance, consult a qualified Maltese lawyer.