Police Summons for Sexual Harassment at Work

Police Summons for Sexual Harassment at Work - What Defendants Should Do Now

Receiving a police summons for alleged sexual harassment at work is highly stressful. In many cases, the accusation comes out of nowhere: a colleague has filed a complaint, the employer is unsettled, co-workers start talking, and the accused person immediately wonders whether they should go to the police and explain everything.

In exactly this situation, one rule is crucial: do not speak too quickly.

If you have received a police summons as a suspect, you should seek legal advice before making any statement. Not every uncomfortable situation at work is automatically a criminal offence. At the same time, an unprepared statement to the police can seriously damage your position later on.

"In sexual harassment cases, the first instinct is often: I need to explain this immediately. That is exactly what can be dangerous. First, it must be clear what is actually being alleged and what evidence is in the file."

— Tom Beisel, Attorney at Law

What does sexual harassment mean in criminal law?

In criminal law, not every inappropriate comment and not every interpersonal misunderstanding automatically amounts to an offence. In cases of alleged sexual harassment, the accusation usually concerns a sexually motivated physical touching that caused the other person to feel harassed.

Key questions include:

→What exactly is alleged to have happened?
→Was there any physical contact?
→Was that contact sexual in nature?
→In what context did the incident allegedly occur?
→Are there any witnesses?
→Are there chats, messages, CCTV footage, shift plans or other documents?
→Was the accusation made immediately or only later?
→Were there possible misunderstandings, conflicts or prior issues at work?

Especially in workplace-related allegations, the factual situation is often far more complex than it first appears.

Why workplace allegations are especially serious

If the allegation comes from the employment relationship, several issues usually run in parallel:

→criminal investigation
→internal company discussions
→possible employment-law consequences
→meetings with supervisors or colleagues
→possible suspension, warning or dismissal
→reputational damage within the company
→significant emotional pressure on everyone involved

Many accused persons underestimate that statements made to the employer, colleagues or police may later be compared with one another. Anyone who tries to explain themselves everywhere often creates contradictions, even if they were trying to defend themselves.

That is why the defence should be structured early.

Do you have to go to the police?

If you receive a standard police summons as a suspect, you should not simply attend the interview and make a statement.

As a suspect, you have the right to remain silent. Exercising this right must not be treated as an admission of guilt. It is a central defence right.

In many cases, the sensible course is not to attend the police interview at all and instead instruct a defence lawyer to request access to the investigation file. Only once the file has been reviewed can anyone seriously assess what the allegation is actually based on.

What should you say to the police?

Usually: nothing about the facts at first.

That does not mean ignoring the allegation. It simply means not making an unprepared statement before knowing what is in the investigation file.

Statements that are especially risky include:

→"It happened differently."
→"I didn’t mean it that way."
→"It was just a joke."
→"She misunderstood it."
→"Everyone knows I would never do something like that."
→"I’ll explain it briefly and then it will be over."

Such statements may later be taken out of context or treated as partial admissions. Even well-intended explanations can become a problem.

Why access to the file is so important

Without access to the file, the defence usually knows only one side: the accused person’s own memory of events.

But the investigation file may contain:

→the criminal complaint
→the complainant’s statement
→witness statements
→police notes
→chats or messages
→employer documents
→possible internal documentation
→indications of contradictions
→information about the timeline

Only after reviewing the file can it be assessed whether a written statement makes sense or whether remaining silent is the better strategy.

Common mistakes after receiving a summons

Many accused persons make avoidable mistakes because they are under pressure.

Particularly dangerous are:

→going to the police without a lawyer
→making a spontaneous statement
→contacting the complainant
→asking colleagues for support in an uncontrolled way
→deleting messages
→changing chat histories
→discussing the allegation at work
→giving the employer an unprepared explanation
→writing your own statement without knowing the file
→influencing witnesses or creating the impression of influence

In particular, contact with the complainant should be avoided completely. Even if the accused person only wants to "clear things up", this can later be interpreted negatively.

Is it a statement-against-statement case?

Many sexual harassment cases depend heavily on personal statements. That does not automatically mean the case will be dropped.

Even in statement-against-statement situations, the police and prosecution will ask:

→Is the statement internally consistent?
→Are there contradictions?
→Are there possible motives to falsely accuse?
→Is there corroboration from third parties?
→Were there immediate reports to others?
→Are there objective indications?
→Does the sequence match shift plans, messages or other documents?
→How does the accused person behave?

That is why the defence must carefully examine whether the accusation is reliable and which exonerating facts can be presented.

What if there have never been incidents before?

A long, complaint-free employment history can be helpful. But it does not replace a defence.

Relevant points may include:

→no previous complaints
→many years of reliable employment
→a good relationship with colleagues
→no prior incidents
→positive assessment by the employer
→no relevant previous convictions
→possible workplace conflicts or misunderstandings

Such factors can be helpful. But they must be introduced in an orderly and strategic way. A general statement such as "He would never do that" is usually not enough.

Can the employer help?

An employer may support an employee on a human level, but should proceed cautiously.

Useful steps may include:

→forwarding the police summons to the employee
→encouraging the employee to seek legal advice
→preserving relevant documents
→keeping duty rosters, shift plans or communication records safely
→avoiding premature conclusions
→not forcing internal statements
→treating the matter discreetly

Problematic steps may include:

→pressuring witnesses
→contacting the complainant
→conducting uncontrolled internal investigations
→making premature written assessments
→careless disclosure of information
→mixing up the employment-law and criminal-law sides of the matter

Companies in particular should remain calm and structured in these situations.

Keep criminal law and employment law separate

A criminal allegation is not the same as an employment-law assessment.

In criminal proceedings, the question is whether a criminal offence can actually be proven. In the employment relationship, additional issues arise, such as the employer’s duty to protect staff, workplace peace, possible disciplinary measures and how the complaint is handled.

This can create difficult situations. An employer must take allegations seriously. At the same time, the accused person must not be prematurely judged.

For the accused person, this means that even discussions with the employer should be prepared carefully.

What are the possible defence goals?

In the investigation stage, the goal depends on the content of the file. Possible goals include:

→discontinuation of the proceedings due to insufficient suspicion
→discontinuation subject to conditions
→avoiding a public main hearing
→avoiding a penalty order
→minimising employment-law consequences
→avoiding unnecessary escalation
→presenting exonerating material in a structured way
→preparing a later defence in court, if necessary

The right strategy depends entirely on the actual content of the file.

What documents should the accused person prepare?

For an initial legal assessment, the following are helpful:

→the police summons
→name of the police station
→case reference number, if available
→a short chronological summary from the accused person’s perspective
→information about the workplace and the relationship with the complainant
→duty rosters or shift plans
→relevant chat histories
→emails or internal messages
→names of possible witnesses
→any prior conflicts or complaints, if relevant
→employment-related letters from the employer

Important: do not alter documents, do not delete anything, and do not try to "create" your own evidence.

How much does a lawyer cost in such a case?

The costs depend on the scope of the defence. In an investigation procedure, the work often includes:

→initial consultation
→review of the summons
→formal notice of defence representation
→request for access to the investigation file
→review of the file
→discussion of the defence strategy
→if necessary, a written statement
→communication with the police and public prosecutor

If the matter later proceeds to indictment or trial, additional fees arise and should be discussed transparently in advance.

Why early defence matters

The earlier the defence begins, the easier it is to prevent the accused person from harming themselves through ill-considered statements.

In allegations of sexual harassment, the issue is not only punishment. It is also about reputation, employment, professional future, workplace relationships and personal pressure.

That is why the first reaction should not be driven by panic, but by strategy.

FAQ: Police summons for sexual harassment at work

Do I have to go to the police?

If you have received a normal police summons as a suspect, you should not attend the interview without legal advice. In many cases, the sensible first step is not to attend and instead have a lawyer request access to the file.

Should I tell the police that it was all a misunderstanding?

Not too quickly. Even a well-meant explanation can later damage your position. Only after reviewing the file should it be decided whether a statement is advisable.

May I contact the colleague?

That is strongly discouraged. Contacting the complainant can be interpreted as pressure, influence or intimidation.

What if there are no witnesses?

Then the case often depends heavily on the statements, the context and possible circumstantial evidence. A statement-against-statement situation does not automatically mean the case will be dropped, but it can open important defence opportunities.

Can my employer dismiss me?

That depends on the specific employment-law situation. A criminal allegation can have employment consequences, but this must be assessed carefully.

Can the proceedings be discontinued?

Yes. Depending on the file, discontinuation may be possible. For that, it must be examined whether the allegation is actually provable and whether a defence statement is strategically useful.

Should I contact witnesses myself?

No. Witnesses should not be influenced. Potential defence witnesses should be identified to your lawyer so that it can be decided strategically whether and how they should be brought into the case.

Contact

Have you received a police summons for alleged sexual harassment at work?

Then you should not attend the police interview unprepared and should not make any statement before the investigation file has been reviewed.

Attorney Tom Beisel defends clients in criminal proceedings involving allegations of sexual harassment, particularly where the accusation arises from the workplace.

→Mobile: +49 172 8974716
→Office: +49 201 4517 380
→Email: kanzlei@rechtsanwalt-beisel.de
→Address: Bredeneyer Str. 2b, 45133 Essen, Germany

Criminal defence in sexual harassment cases - direct, discreet and strategic.