HELP Legal Advice re:Alleged Sexual Harassment outside Workplace

My cousin is working in an office in Laguna.He was given Notice to Explain about an incident that happened in a bar in Tagaytay about a year ago.His former lesbian friend is accusing him of sexual harassment because he placed his arm on her shoulder to take a picture.They were friends during those times. Other guy friends were also placing their arms on her shoulder but it was only my cousin who received a complaint, since they had misunderstanding recently. After the incident last year, they had night out in a bar again, 2 weeks after that picture taking incident. The former lesbian friend followed and joined them again. Was placing an arm on the shoulder per se means sexual harassment?

grace888 wrote:My cousin is working in an office in Laguna.He was given Notice to Explain about an incident that happened in a bar in Tagaytay about a year ago.His former lesbian friend is accusing him of sexual harassment because he placed his arm on her shoulder to take a picture.They were friends during those times. Other guy friends were also placing their arms on her shoulder but it was only my cousin who received a complaint, since they had misunderstanding recently. After the incident last year, they had night out in a bar again, 2 weeks after that picture taking incident. The former lesbian friend followed and joined them again. Was placing an arm on the shoulder per se means sexual harassment?

In the perception of the other party, especially if the action is unwanted or uncomfortable for the other party, then yes it can be construed as such if your cousin is in a superior position or rank to the other person.

Hi, thanks for your reply. My cousin is not in a superior position or rank. They are the same rank and file employees. The accuser, his former friend is rich and my cousin is poor. That's why we help him in our own little way. Is it true that the reaction of the accuser is very crucial after the incident? If the accuser felt that she was harassed, then why did she allow my cousin to ride in her car after the incident and proceeded to a different bar. If I felt harassed, there's no way I would let my harasser ride in my own car and moreso, joined him to go to a different bar w/ few officemates.Btw,some of their officemates can prove that they were just teasing them during the picture taking incident. Your input about this will be highly appreciated.

Just to add, after the incident of alleged sexual harassment 3 weeks have passed, my cousin and the accuser went on a dinner to Leslie's in Tagaytay. Just the two of them. According to my cousin, the former lesbian friend still considered him a friend. But now because they had a misunderstanding, she filed this issue after 1 year.