Unwanted Sexting May be Grounds for Legal Action
Sexting is the act of sending sexually explicit messages or photos via mobile phone. Sexting can occur via text message or social media. When two consenting people engage in sexting, it is not harassment. On the other hand, unwanted sexting may be grounds for legal action. If you are receiving unwanted sexy messages or images from a co-worker or supervisor, you may have grounds for a sexual harassment case.
If you believe that you are being harassed via text message or social media by a co-worker or supervisor, reach out to a lawyer as soon as you can to learn about your legal options. An experienced attorney can assess your case and offer you customized guidance and help.
A Recent Sexting Incident that was in the news
A fired legal assistant at a large law firm with offices in New Jersey and New York is allegedly one of the many employees that have been sexually harassed through text messages. For purposes of this article, the name of the fired legal assistant will be S.J., and the defendant’s name will be I.S.
It is alleged that I.S., one of the male attorneys at the office where S.J. used to work in Morristown, New Jersey, sent her a barrage of sexually explicit text messages. The messages, which were allegedly more than one hundred, included both verbal and visual content. Regarding visual content, it is alleged that I.S. sent S.J. images of his private parts.
S.J. decided to pursue a federal Title VII case for sexual harassment against I.S. Recently, she won an important battle to include a censored depiction of I.S.’s nude picture as an exhibit in her sexual harassment case, despite opposition from the employer. In its argument, S.J.’s legal team stated that if the employer was so appalled at the sight of I.S.’s redacted private parts, they should imagine how their client felt after receiving several unreacted and unsolicited pictures of I.S.’s naked body.
What to Do After Being Sexually Harassed via Text Message or Social Media
There are a number of things you need to keep in mind after being sexually harassed via text message or social media. For example, DO NOT delete evidence. No matter how revolting the message or image is, it is vital that you avoid deleting it to ensure you preserve evidence. Whether it is a sexual comment or a picture of naked genitals, that unsolicited text or DM could be a crucial piece of evidence if you decide to file a sexual harassment case.
Also, seek legal help as soon as you can. Even if at this point you feel you do not want to sue the guilty party, consult an attorney so they can evaluate your case and advise you accordingly. Also, consulting an attorney will ensure you have someone by your side in case your employer decides to retaliate against you for trying to talk to your harasser or making a complaint with H.R.
Contact Our Office for a Free Case Evaluation
Being sexually harassed at the workplace is undeniably painful. A qualified employment lawyer at The Trabosh Law Firm can walk with you through this stressful time and help you fight for your rights. You can call (856) 874-8840 or fill out this online contact form to schedule a free consultation.