Recording conversations are important in combatting sexual harassment in the workplace. But, according to law, you cannot record conversations secretly unless the other party knows about it. A “two-party consent” law is one where everyone should be aware and consent to any recordings of private conversation for it to be legal. It is specifically a crime to record a private telephone call or face-to-face conversation unless the parties consent to the act.
However, some exceptions exist, so not all types of recordings are illegal. Before recording any conversation, you should contact a Sexual harassment attorney Austin to know the rules and regulations.
Can I record conversations with the sexual harasser secretly?
If you want to announce that you are recording, and the other person consents to the recording, it will not be counted as a crime. You can use the recording in the legal proceedings in a sexual harassment lawsuit. Private conversations can be lawfully recorded and used as evidence if the case involves the threat of bodily harm.
You do not need any consent from the sexual harasser. There is an exception in the two-party consent law if the recording is done of someone conveying a threat of physical harm or other unlawful demands or threats. The law states that conversations involving blackmail, extortion, and physical harm can be recorded with the other party’s consent. Therefore, if the person “conveys” a threat, the exception will allow the recording of a threatening conversation with only one person’s approval.
Private conversation can be recorded and used as evidence in your case if it involves an implied or expressed body harm threat. If the conversation is not “private,” the statements can be recorded without worrying about violating privacy law.
It can be lawful to secretly record threats like blackmail, extortion, or bodily harm, and you can potentially use such recordings as evidence in court.
The court will decide if the person has evidence indicating their reason to believe that the abuser has made threats and that the recording was under the Privacy Law.
You should be careful while secretly recording conversations. It is a crime in the Privacy Law and can lead to termination of your civil lawsuit, employment, or worse. You should be alert while recording conversations secretly at the workplace. Importantly, you should not indiscriminately record everything at the workplace. Talk to your lawyer while considering recording a conversation.
