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Falsely Accused of Sexual Harassment in Texas: What to Do

December 30, 2022

Falsely Accused of Sexual Harassment in Texas: What to Do

Being accused of sexual harassment can be a frightening experience. Even if false accusations happen, the process of defending yourself can be complex and confusing. In Texas, there are certain steps you must take if you have been unjustly accused of sexual misconduct. This blog provides an overview of the steps you should take if you have been falsely accused of sexual harassment in Texas. 

Sexual harassment: What is it?

In Texas, sexual harassment is defined as unwelcome conduct of a sexual nature that affects the performance of an employee or creates a hostile work environment. This includes verbal, nonverbal and physical behavior. Examples include:


  • Making suggestive comments or gestures
  • Displaying inappropriate images
  • Unwelcome touching
  • Jokes of a sexual nature
  • Other forms of unwanted sexual attention


While some types of behavior are more obvious than others, if the victim feels that their work performance or workplace is being affected in a negative way by the behavior, it may be considered sexual harassment.


Learn more about this:
10 Surprising Things That Could Make You A Sex Offender

Accused of Sexual Harassment in Texas: What are the steps?

In Texas, it is illegal to make a false allegation of sexual harassment or any other crime.If you have been falsely accused of sexual misconduct, it is important that you know your rights and understand the legal process.

Understand Your Rights and Obligations 

Understanding your rights and knowing what to expect is key to defending yourself in a court of law. In Texas, employees have certain rights when it comes to sexual harassment claims. It’s important to understand these rights so that you know what actions are considered appropriate and which ones could potentially harm your case.

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In Texas, all employees are protected by anti-discrimination laws that prohibit employers from engaging in discrimination based on sex. Additionally, employers must provide a safe working environment and must not allow or encourage hostile work environments. If an employee believes they have been subjected to unlawful conduct, they may file a complaint with the Equal Employment Opportunity Commission (EEOC). 


Also, in Texas, employers must provide a "notice of rights" to employees that outlines the process for filing a harassment complaint. This notice must include information about how to contact the EEOC and other government agencies responsible for handling harassment complaints.


In case of a false report, you may be able to bring an action against the accuser. Additionally, you may have rights to pursue a defamation suit if your reputation has been harmed by false accusations. The alleged victim can also be liable for making false claims. 

Investigate the Allegations Thoroughly 

If an employee files a complaint alleging that they have been sexually harassed, it is important for employers to investigate these allegations thoroughly and promptly.


For example, an employee cannot be retaliated against for reporting or filing a complaint about sexual harassment. This means that an employer cannot fire an employee for making a claim or retaliate against them in any other way—including demotion or reduced pay—for speaking up about alleged misconduct.

Employers should document all relevant information regarding the allegation, such as witness statements, emails, and text messages related to the incident. Employers should also interview witnesses who may be able to provide information about what happened or who may be able to corroborate your version of events. Once this information has been gathered, employers should use it to determine whether there is sufficient evidence to support the allegation against you. 


In this case, you must make sure you collect all relevant documents, emails, text messages, video recordings, or audio recordings that could prove your innocence or refute any claims made against you by the accuser(s). Additionally, collect statements from witnesses who either witnessed the incident firsthand or heard something that could potentially corroborate your story.


This could include colleagues who were present at the time of the alleged incident or anyone else who may have had
knowledge of what happened but was not involved directly in it themselves (such as family members). The stronger evidence you have supporting your side of the story, the better chance you have at proving yourself innocent of any wrongdoing and obtaining justice on behalf of those wrongfully accused. 

Take Appropriate Action 

Once an investigation has been completed and it has been determined that there is insufficient evidence to support the allegation against you, it is important for employers to take appropriate action. Employers should ensure that employees are aware that they will not tolerate false accusations or attempts at retaliation against those who report them.


Furthermore, employers should take steps to protect innocent parties from being harmed by false accusations by providing training on proper workplace etiquette and ensuring that any new policies established are applied consistently across all departments or locations within their organization. 

As we mentioned before, false reports of any kind of crime are illegal. A false reporting has legal consequences, such as a fine and/or jail time, depending on the severity of the case. False accusation cases can lead to civil lawsuits as well, which can be incredibly damaging to those wrongfully accused. Therefore, employers should take all complaints of alleged sexual harassment seriously and ensure that any false reports are dealt with accordingly. 

Know Your Options

If you’ve been falsely accused of false sex crime allegations or misconduct, it’s important to know all the options available to you. For instance, you may want to consider filing a counterclaim against the accuser if they made their accusations with malicious intent or without sufficient evidence.


You should also look into filing a defamation claim if the accuser has knowingly spread false information about you in public forums such as social media or online reviews. Knowing your options ahead of time can help ensure that your legal standing is protected should the situation escalate further down the line.


Accusations of sexual harassment or sexual assault allegations can carry serious consequences, so it’s important that you hire an
experienced criminal defense attorney who can represent your interests in court and help protect your legal rights throughout the process. An attorney familiar with state laws related to sexual harassment will provide invaluable guidance on how best to defend yourself from any false allegations made against you. Additionally, they will help ensure that any potential settlement is fair and just for both parties involved.

How to overcome false accusations?

Being falsely accused of sexual harassment can have serious consequences and cause an immense amount of stress. If you find yourself in this situation, it is essential to know that there are steps you can take to protect yourself and your reputation.


  1. Remain calm and collected during the investigation process.
  2. Get legal advice from a qualified attorney.
  3. Gather statements from witnesses and any relevant evidence that could vindicate you.
  4. Take appropriate action if it is determined there wasn’t sufficient evidence to support the accusation against you.
  5. Know your legal rights and all the options available to you, such as filing counterclaims or defamation suits.
  6. Gather evidence to support your side of the story and refrain from engaging in any retaliatory actions or making false accusations against the accuser yourself.


By following these steps, you can ensure that your rights are protected and that justice is served.


It is essential to note that even if an accuser’s allegation has been deemed false, it is important to remain professional and avoid engaging in any retaliatory actions or making false accusations of your own. Doing so could damage your professional reputation and lead to additional legal complications.


If you’ve been falsely accused of harassment, it is in your best interest to remain calm and take the appropriate steps to protect yourself from any further repercussions. With diligence and patience, justice can be served.


You might be interested: Accused of Sexual Assault in Texas? Here's What to Expect

Conclusion: Hire a criminal defense attorney for guidance and representation in a false accusation case

Sexual harassment allegations in Texas can have long-lasting implications for those who face them—even if they turn out to be false accusations. It’s important for individuals facing these charges to understand their rights under state law and know their options when it comes to fighting back against such claims.


Hiring an
experienced attorney is also essential; they will help ensure that your interests are always represented during any legal proceedings involving these types of cases while helping protect your reputation in the process. With their expertise, victims of false claims may be able to find justice more easily than before and put this difficult ordeal behind them once and for all.


At The Law Office of Rolando Cantu, our experienced lawyer offers the legal advice and representation you need to protect your rights and interests in any false accusation case.
Contact us today to learn more about how we can help you fight back against these allegations. Together, we’ll work tirelessly to resolve your case as quickly and favorably as possible. If you or a loved one is facing a false accusation case, call us today to learn more about your options.

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