Understanding Your Rights: How Sexual Harassment Lawyers Can Help Victims Seek Justice

Sexual Harassment at Workplace

Posted On : September 2, 2025

Understanding Your Rights: How Sexual Harassment Lawyers Can Help Victims Seek Justice

Written By : Vidhikarya

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Sexual harassment attorneys play a crucial role in helping victims, protecting thier rights, and helping them navigate through the legal process to seek justice.

These professionals guide victims through the legal procedures of reporting a case, understanding victims' rights, and seeking protective remedies such as compensation and damages.

Victims of sexual assault or workplace harassment often lack direction regarding how to seek and the legal options they should choose. This article should help them navigate the legal complexity of filing a sexual assault case and seek compensation and justice.

Want to understand the finer details of workplace compliance? Read our in-depth guide on Employer Compliance Under the POSH Act to ensure your organization stays legally protected and employee-friendly.

Specific Laws and Mechanisms for Sexual Harassment

Sexual harassment cases in India are taken care of under specific acts and mechanisms. These mechanisms include

POSH Act (Prevention, Prohibition and Redressal) Act, 2013

POSH is the act that provides a framework for presenting sexual harassment in the workplace. It includes the establishment of ICCs and procedures for filing complaints.

Vishaka Guidelines

These guidelines were established by the Supreme Court. It prepared the foundation for addressing workplace sexual harassment even before the POSH Act was in effect.

NALSA & SLSA

Free legal help to sexual harassment victims is available through the National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs).

It's essential to build awareness of a safe and secure workplace culture in India through proper education on Acts such as POSH, Vishakha guidelines, and NALSA or SALSA.

Consultation from a sexual harassment attorney in Kolkata helps individuals learn different legal mandates and acts that protect their rights.

Want to know your rights and legal options in case of workplace harassment? Read our complete legal guide here.

Legal Rights and Protections Against Sexual Harassment

The key to defending yourself from any sexual assault or workplace harassment is through understanding your rights. Professional sexual assault lawyers help individuals understand their rights and what they should do if they face such an incident at the workplace or anywhere.

The following are the key rights you have to defend yourself from sexual assault:

Right to a Safe Workplace

The POSH policy (coming into effect in 2013) was introduced to safeguard women's rights to maintain a safe workplace environment. Right to a safe workplace is a fundamental right, and it's recognized as a critical part of social justice and economic growth.

The POSH law aims to ensure fundamental rights to dignity and equality for women. It covers different forms of behaviors that aren't welcome. The law outlines examples of sexual harassment, such as physical contact, demands for sexual favors, and building a hostile work environment, as a form of workplace assault.

There's also a mechanism established in the law for lawyers to address complaints of sexual harassment through the ICC (Internal Complaints Committees) and LCC (Local Complaints Committees). In many cases, employment lawyers assist employees in seeking justice by providing them with legal representation and other legal help.

Right to File a Complaint

Women coming across specific cases of sexual harassment have the full right to file a complaint against an individual for sexual harassment. They can reach out to the ICC or the LCC to file a detailed complaint of sexual harassment.

Right to Confidentiality

The POSH Act enables a victim to keep their identities anonymous through the internal committee and protects their privacy throughout the proceedings. In fact, the right to confidentiality is the cornerstone of sexual harassment cases in India, according to the PoSH Act 2013.

Want to know how workplace relationships can impact compliance? Read our complete guide on POSH Guidelines for Workplace Conduct to stay informed and protected.

Right to Redressal

According to the PoSH Act in India, there's a framework for redressal of sexual harassment complaints. Through this policy, agrieved women have the right to file a written complaint through the internal committee (IC) or Local Committee (LC) within three months of an incident of sexual assault.

Finally, the committee investigates the incident and suggests the appropriate action the employer (organization) must take. The IC or the LC can recommend penalties such as asking for written apologies or a deduction of salary. In some cases, organizations terminate individuals with accurate proof of sexual misconduct in the workplace.

Other Rights

Aside from the core rights for filing a complaint, maintaining confidentiality, and the right to redressal, women have other rights such as:

● Right to be Heard: The victim has the right to present their case and be heard before the inquiry committee. They have the right to be present during the inquiry process.

● Right to Legal Representation: While the Act doesn't mention legal representation explicitly, the victim seeks legal advice and assistance when needed.

● Right to Seek Interim Relief: The ICC and the LCC hold the right to recommend interim measures for protecting a victim's rights. It could include granting them leave and other necessary measures.

● Right to Appeal: When the victim is not satisfied with the findings or recommendations of the LCC or the ICC, they can appeal to the appropriate authority according to law.

● Right to Compensation: The act allows the victim of sexual assault the right to claim compensation depending on how severe the case of harassment was.

● Protection Against Retaliation: The Act prohibits any type of retaliation against a victim for filing any complaint or participating in an inquiry.

Role of Sexual Harassment Lawyer: How Lawyers Help Victims

A sexual harassment attorney in Kolkata helps victims understand their rights while also helping them through the process of filing a case, continuing legal proceedings, and providing emotional support.

Legal Guidance and Support

A sexual harassment attorney provides critical advices to the victims of sexual assault. They help victims understand their rights, build a case, and prepare a process for filing complaints, ensuring that the case is handled with care.

Filing Complaints

Sexual harassment attorneys assist victims with filing complaints with the right authority (ICC/LCC). They also help file the complaint to extended bodies like the police and the labor court.

Protection and Remedies

Sexual harassment lawyers can arrange for different protective measures and remedies for victims. They can plead for a restraining order, compensation, and other legal remedies that would address the harm caused by the harassment.

Defending Rights

Sometimes, victims face retaliation or wrongful termination from the workplace for filing a harassment report. In these cases, the lawyers can help defend their rights and seek appropriate redress.

Representation in Legal Proceedings

Legal representation is one of the areas of a sexual harassment attorney's responsibilities. They hear your case, appeal, and file a case on your behalf, and carry on with the court proceedings. A sexual assault attorney ensures that your case is presented effectively and meets a desired outcome.

Emotional Support

Many legal firms and organizations, like CSJ India, offer emotional support aside from providing legal representation. It's an initiative to recognize the trauma a victim experiences through harassment.

Awareness and Prevention

Sexual harassment lawyers contribute to the growing concerns about sexual assault. They also educate individuals about strategies to prevent these assaults and raise social awareness to reduce the rate of harassment.

Want to know why Indian laws remain silent on male victims of sexual assault? Read our detailed analysis on the urgent need for gender-neutral rape laws.

Choosing a Sexual Harassment Attorney in Kolkata: A Guide

While India has an abundance of legal firms and lawyers assisting victims in getting justice, it can be overwhelming to choose the right attorney for your case. Go through this guide for choosing the right sexual assault attorney in Kolkata.

First, Identify Your Needs

Identify the type of incident you are dealing with. Is it a sexual assault case, or any assault or harassment at the workplace? Choose a specialized legal service provider based on the type of case you want your attorney to handle. In addition, don't forget to consider the location of your lawyer. It's best to find someone near your home.

Research & Shortlist

It's important to do a little bit of research before you settle for a lawyer or a legal firm for your case. Look for reviews and client testimonials on sexual harassment attorneys and firms on platforms such as LawrRato, Justdial, and Lawzana to find lawyers and specialized legal advisors.

Shortlist five to six lawyers before you finalize your decision. It helps to read reviews online and examine lawyers' profiles to gauge their reputation and effectiveness in Kolkata. Shortlist a number of profiles, compare them before you settle for a final option.

Scout for Initial Consultation

Many legal firms and lawyers provide free legal counsel before you select the attorney and hand your case over to them. It's best to go for a free trial consultation to analyze the capabilities and the style of your lawyer to check compatibility.

Want to know how the law deals with false or malicious allegations? Read our detailed guide on Frivolous Complaints under the Sexual Harassment Act here.

4. Key Factors to Consider

Experience: after all the first three criteria match, look for lawyers with strong experience in handling the type of case you want help with.

Reputation: Positive client reviews and your lawyers' win ratio vouch for their reputation. Check for both information on their personal legal website and directories with client reviews.

Communication: Communication is key. Choose a sexual harassment attorney who is transparent, communicates necessary details with their clients, and is empathetic when listening to or talking to their clients. This will ensure you have a smooth experience throughout the proceedings.

Fees: Discuss the payment structure of the lawyer upfront. This should help you secure your case and

Comfort Level: Finally, choose a lawyer who matches your comfort level and understands the sensitivity of your case.

Why Choose a Sexual Harassment Attorney?

Sexual assault or harassment is a terrifying experience. It affects you mentally and emotionally. While recovering from it is essential, you must seek compensation in the court of law. A sexual assault attorney will help build a strong foundation for your case, negotiate the best options and compensation for you, and fight for you in court if necessary.

With the help of the right sexual harassment lawyer, you'll have someone on your side to fight your legal battle on your behalf. However, before you choose someone's help, it's essential to know your rights and choose an attorney depending on your needs.

Confused about whether to file under Section 156(3) CrPC or Section 200 CrPC? Read our detailed guide comparing both provisions, their procedures, and when to use each.

Frequently Asked Questions

What should you do first if you are sexually harassed?

First, speak to the police about the incident of harassment. Sexual assault or physical assault is a criminal offence, and the legal system takes strict action against it. Call triple zero (000) if you have immediate concerns for your safety.

How do I tell if I was sexually harassed?

Unwanted physical contact, or touching, indicates incidents of sexual harassment. Unwelcome sexual advances or discussing sexual stories, fantasies, or relations at work can also be depicted as instances of sexual harassment. In addition, feeling pressured to engage in sexual activity with an offender is also a sign of harassment.

How to seek help for sexual harassment in Kolkata?

Contact the West Bengal Commission for Women to file a complaint with the police to seek compensation for sexual assault. There are many NGOs and counseling services helping women find justice and seek comfort if they face any assault.

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