Affirmative defenses that should be pleaded are necessarily grounded in the facts of the matter. You really should consult with an experienced attorney for assistance with your defensive pleading, even if you elect to proceed pro per from that point forward.
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No one is in a position to offer any suggestions as no one knows any facts. Also, no competent attorney on this forum would attempt such a task without knowing more.
See an attorney. NOW!
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Agree with Ms. Mc Call. See an attorney. Were there any witnesses to this claimed "sexual harassement" or is it strictly someone's word against yours? Was this a one time event or a course of conduct over a long time. Are you in a supervisory position to the person complaining or just friends, coworkers or casual acquaintances. Maybe you should write down all your thoughts about what happened and why you are being falsely accused and any witnesses to share with your attorney.
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A sexual harassment complaint is usually a form of sex discrimination and not a criminal matter. So I assume this is the nature of the beast. The defenses would be 1) general denial of all allegations, 2)
employer took reasonable care, 3) specific denial that there was any harassment, or it was not sexual, or it was not work related, or employee took no remedial action. Also lack of respondent superior. Let me know if this is what you were looking for. Thank you
Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Robert J. Suhajda, MS,CPA Attorney-At-Law 17721 Norwalk Blvd. #43 Artesia, CA 90701 562-924-8922 Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
An attorney can also advise you whether the claim is covered by any insurance policy, and whether you can sue others who are responsible, or whether you can ask your employer to provide you a lawyer if you are an employee who has been sued.
A lawyer can also advise you as to whether you should settle, try mediation, or take other defensive action.
You can find attorneys who will do legal work on a "limited services" fee agreement -- such as filing an answer to a sexual harassment complaint. I don't recommend this unless it is the only way you can defend yourself.
You were wise to seek help on AVVO. I encourage you to take the next sensible step.
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