The Lawyer Taught You How To Collect Sexual Harassment.
Draft amendment twenty-sixth Regulations "No one can engage in sexual harassment against women." "Employers should take measures to prevent sexual harassment in the workplace." Legislation prohibits sexual harassment to solve the problem of sexual harassment cases in judicial operation.
Jiang Xiaoyang, a lawyer at Wei Heng law firm in Beijing, said that the topic of sexual harassment has always been concerned by many parties. Many cities in the country have brought lawsuits against sexual harassment. However, due to the absence of relevant legal provisions, its legitimate rights and interests have not been maintained. Even a small number of winning cases are supported by other claims. The newly revised "law on the protection of women's rights and interests" clearly stipulates that "acts of sexual harassment or domestic violence against women constitute a violation of the regulations on public security management. The victim may bring the public security organ to impose administrative penalties on the offense according to law, or to bring a civil lawsuit to the people's court according to law." The legal liability of sexual harassment and the law of public security management punishment are linked together, thus making such a provision operable.
But there is no sexual harassment in this law. To make clear Definition.
If we want to punish those who commit sexual harassment, the most direct and crucial evidence is that. Jiang Xiaoyang's lawyer said that the evidence recognized by our law is the traditional witness, material evidence and audio-visual material. The victim can only start from these three aspects when collecting evidence.
Witness
Being sexually harassed by others, witnesses can be found to testify for themselves. Lawyer Jiang Xiaoyang said that when looking for witnesses, witnesses should not only be found, but witnesses would also be willing to testify in court. In order to prevent perjury, witnesses can not have interests with the parties concerned. For now, most people do not want to testify. Because of the concealment of sexual harassment, it is hard for anyone to find out, so many of the victims are eating up.
material evidence
Receive harassment short messages, emails, notes or receive sexual related gifts or others' display. Pornographic Articles must be left as evidence. "Don't flinch or sneak it up," Jiang said. "You are really boring. If you don't take it back, I will complain." And tell other acquaintances, leaving objects as evidence; besides, there are sexual harassment languages in correspondence, such as letters, documents, and gathering, which are more convenient to appear in court. Record the date, time, place, and behavior of the harassment, which can be used as evidence for future complaints. Eliminate the mentality of greedy and petty and not accept the invitation and gift of the opposite sex easily.
Audio-visual material Forensics
Jiang said that if he was harassed for a long time, he should carry tape recorders, cameras and cameras for forensics, audiovisual materials such as recording, video recording and photographs, which could be used as evidence of sexual harassment. But you can't set traps to collect evidence, that is, you can't seduce each other to sexual harassment, then record or videotape. Recording requires sound identification by public security organs. The photos and videos taken must be clear. The disturbance in the images and the image of the harasser's faces are not clear enough to constitute evidence.
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