Harassment, whether moral, physical or sexual, is an insidious reality. This phenomenon, which for a long time remained taboo, is now increasingly being denounced thanks to victims speaking out.
Harassment can affect all areas of life:
- In the workplace, 30% of people say they have experienced harassment, and 40% say they have witnessed it, either between colleagues or with their superiors.
- In schools, on average, one pupil per class is a victim of bullying. These incidents can quickly have dramatic consequences.
- According to a 2023 report by the French Minister for the Interior and Marine Affairs, there are 114,000 cases of sexual harassment in France.
Many victims deplore the inaction of witnesses. To put a stop to harassment, we need to act quickly.
Proving harassment is a major challenge. But it’s not impossible! In this context, the intervention of a private detective can be crucial. He or she will be able to gather the necessary evidence and strengthen the victim’s case.
The European Court of Human Rights is strongly committed to protecting victims. It is hoped that this will lead to a free expression of opinion, with the aim of punishing harassers as far as possible.
The Liberation of the Word: A New Era
Allée v France: A Legal Turning Point
The European Court of Human Rights has played a crucial role in recognising and dealing with situations of harassment.
The case of Allée v France marked a decisive turning point. This case concerned a woman who had denounced acts of sexual harassment at work. The ECHR ruled that France had breached its obligations by failing to provide effective protection for the victim.
Previously, in order to report someone, you had to provide evidence if you did not want to be sued for defamation. However, in some cases, it is impossible to produce evidence.
This is why the ECHR intervenes and offers the benefit of the doubt to the victim acting in good faith. Thus, there can be no defamation because the person harassed must be protected.
The role of the private investigator
The intervention of a private detective can help the victim to provide evidence that is admissible in court.
The private investigator will produce an investigation report. The private investigator’s intervention will make it possible to prove the victim’s good faith and avoid a potential defamation claim.
The Limits and Derivatives of the Liberation of the Word
Potential abuses
While freeing up the media to speak out has led to major advances, it is not without its risks. Excessive media coverage of certain cases can lead to abuses, such as unfounded accusations or media lynchings.
In the case of Allée v France, the impact on the reputation of the person denounced was minimal, which is why it was more important to protect the victim. But in the age of the media trial, not all defamation cases are handled in this way, and the media tend to judge before the judges.
To prove your good faith, you should not try to publicly lynch your attacker, but instead try to gather solid evidence. A private investigator will be at your side to help you through this difficult stage.
Legal limits
Ill-intentioned individuals may try to take advantage of this situation to harm people by accusing them in the media, thinking that this case law will protect them from the backlash.
Firstly, these practices seriously undermine freedom of speech and create a climate of mistrust between individuals.
Secondly, this is not the case: this case law does not prevent the condemnation of deliberate attacks on an individual’s media image, which can cause serious damage.
As private investigators, we can intervene in several contexts. For instance, we recently worked on a case involving a victim of harassment who wanted to prove that her colleague was not acting for the first time, as rumors circulated about other victims. Our role as detectives was to locate these individuals, particularly among former employers. Some provided discreet testimony and crucial information, while others agreed to write attestations under Article 202 of the Civil Code, so their statements could serve directly to support our client.
In another example, we were tasked with finding the address of an individual using Twitter and other platforms to spread rumors of sexual harassment against a film producer, intending to tarnish his reputation. This campaign resulted in the producer’s exclusion from several prestigious festivals, as the organizers were unwilling to take any risks. Consequently, he expressed a desire to file a defamation lawsuit against the individual, and he needed our assistance in locating her.
The Indispensable Role of the Private Investigator
The fight against harassment is complex and multidimensional. While the free expression of opinion has lifted the veil on many injustices, it must be accompanied by solid evidence if convictions are to be achieved. The expertise of private investigators is invaluable in helping victims build convincing cases.
