Can Sexual Harassment Cases Be Settled Out of Court?
The Rape, Abuse & Incest National Network (RAINN) reports over 433,000 cases of sexual assault or rape annually in the U.S. among people ages 12 and older.
Sexual harassment can happen anywhere, even in nursing homes. In fact, according to Pleasant Law, PLLC, when victims are mostly patients, especially women, with dementia or other conditions that prevent them from recounting events or communicating abuse to their family, many sexual abuses go unnoticed.
Many are afraid of going to court, for fear of dragging out the stressful battle. That is why many sexual harassment claims are actually settled out of court. This way, the process can go more quickly, privately and without much stress to the victim.
Let us learn why some people choose this more peaceful option and what to consider before agreeing to one.
Understanding Out-of-Court Settlements in Sexual Harassment Cases
Victims often find themselves frightened to report this treatment, but every day women and men alike find themselves facing this undeserved harassment, says Lancaster sexual harassment lawyer Samuel D. Almon.
Out-of-court agreements make it possible for people to come to an understanding without going to court. People who have been hurt might try this settlement so they don't have to go through the worry and mental pain of going to court.
It is never easy to choose what to do when you are in this position, but it is not necessary to tell anyone if your case is settled out of court. But if you know your options, you can choose the one that is best for your wants and goals.
Advantages of Settling Out of Court
Out-of-court settlement offers several advantages that would provide you with a lighter burden and less stress. It forces a quick resolution to avoid the long, emotional turmoil of a trial. It protects your privacy by keeping you out of the public eye, unlike typical court proceedings.
Settlement provides victims with more control over the settlement agreement itself since the terms can be negotiated to suit one's needs better. It puts an end to the problem and lets you move on with peace of mind.
The lawyer's fees are also lower, which can help you use your money for other things in your life.
Disadvantages and Risks of Out-of-Court Settlements
If someone has been sexually abused, they might want to settle out of court, but they should really think about the risks and issues that could arise. A settlement may betray the abandonment of one legal right to further actions against the party or parties. It's possible that the contract has a clause that says you can't say anything bad about the other side.
Even though these settlements are over, there may still be lingering concerns and worries at the back of your mind. The mental damage and emotional distress were not really treated. There is also the chance that the bad person will not change, which would keep the bad behavior going.
Some people might see you as taking the blame after a settlement. This might make you feel like you don't fit in your crowd as much. Before you decide, you should give these things some thought.
Legal Considerations for Victims
People who have been sexually abused need to know what they can do and what their legal rights are. It might look like a good idea to escape going to court by making things right quickly. It might also help to talk to a sexual harassment lawyer to get a better sense of what's going on.
The lawyer can help you get a fair deal that shows how much the harassment is hurting you and making your life hard. You may want more than just holding the person responsible accountable. Your need for closure and a sense of control can help you reach a deal.
You might want to take the case to court to find the person responsible and speak up for those who have been hurt by them. It's about what makes sense for you on your path to healing, justice, and power.