Most, if not all, verbal sexual harassment happens unexpectedly. Unless the harasser’s behavior is habitual, keeping a record or evidence of the act is difficult. Hence, many victims of this type of sexual harassment doubt whether they can establish a solid case to report the misconduct.
Nevertheless, proving verbal sexual harassment, while challenging, is not impossible.
Obtaining witness testimony
Getting a third-person testimony can help corroborate your sexual harassment report. If you were with a colleague during the verbal harassment, you can ask them to help you by testifying. This also applies to other workers who might have overheard the harassment.
Another way is by investigating whether the abuser has other victims, present or past. If there are and they are willing to be part of the incident report, their stories can solidify the sexual harassment case against your harasser.
However, you should be careful when choosing a witness since not everyone in your workplace may be reliable and trustworthy.
Keeping written records of each act
Secretly recording your private conversations with others is generally illegal in Oregon so this may not be the kind of record you should keep. Instead, you can save a personal journal and write down every time you experience verbal sexual harassment, including the date, time and necessary details. This can verify the authenticity and consistency of your claims.
Seeking help from a legal professional
If you are a victim of sexual harassment, you already carry the heavy burden of facing your harasser in your workplace while feeling helpless that you may not have enough evidence to report the misconduct. However, you are not alone in the process. An experienced employment law attorney can help you review the circumstances of your case and explore your remedies.