How To Record Harassment Without Consent In My Country ?
We understand your pain points when you were insulted and harassed by your boss or nasty co-workers and you want to record harassment to prove in the court without consent, but the laws and regulations are protecting them.
We understand it drains your feelings and hurts your career. Do not worry we’re here to help you protect yourself by performing legally recorded harassment without consent to prove your evidence in the court.
Contents
Types Of Harassment
1. Sexual Harassment
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Sexual harassment may be inadvertent or intentional, obvious or subtle, and is almost always against the law.
2. Workplace Violence or Harassment
Threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.
It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors.
3. Hostile Environment
Offensive environment based on that individual’s race/ethnicity, color, sex, gender identity and expression, genetic information, religion, creed, national origin, age, sexual orientation, political affiliation, veteran status or disability.
What are voice recording consent laws ?
Please be advised, each country and state has its own laws and consent regulations of recording.
There are two consent laws you need to consider :
1. One Party Consent
When the law applies the one-party consent rule, it means that the consent of only one of the participants in the conversation is enough to make recorded conversations legal.
For example, if you are talking to someone and one of you decides to record or give his consent, even if the other party is unaware that the voice is being recorded, it is legal under the one-party consent rule ( It means you have to be involved in the conversation ).
However, if a third person is recording the conversation without participating in it, it will be considered illegal.
2. Two Party Consent or All Parties Consent
This type of consent, also known as all-party consent, accepts that the recording is legal only if all parties are aware that the call is being recorded, and have agreed with it.
In this case, if someone secretly recorded a conversation without informing you about his intentions and obtaining your consent, this won’t be legal in two-party consent states.
How to record harassment in one consent state ?
Good news for you, to record conversation in One Consent State you may not need to ask the permission from your participant to give you a permission.
So, if you get harassed by your boss & co-worker you may not need to wait for their consent to record their voice or video.
Please be advised you must participate in the conversation, if you secretly record them without participating, it’s considered as illegal action.
Example of Legal Recording In One Consent States
When your boss or coworker harasses you in the workplace, and you record them to prove your evidence, this action is considered as legally recording because you are involved in the conversation.
Example of Illegal Recording In One Consent States
When you are secretly recording someone without involving in the conversation, this action is considered as illegally recording because you are not involved in the conversation.
Please be advised : Before using the voice recording to record harassment without consent as supporting evidence , you have to consult with your local attorneys for further information before handing the recording to the court in order to avoid the legal conflict in your country & state.
How to record harassment in two consent state ?
To record harassment in Two Consent States and use it as evidence in the court is almost impossible because law requires you to have the permission of everyone involved to make a recording in a private area.
Private areas that cannot be recorded by using voice recorders or video surveillance :
1. Homes that owned by you ( You can record inside your own home. )
2. Any Bedroom
3. Any Bathroom
4. A Private Office
5. A Designated Pumping Room
6. Changing Rooms
Good News ! there are several exceptions if these events occur :
1. Conversations or communications reporting an emergency, like a disaster, fire, disaster, or medical crisis
2. Communications or conversations that include unlawful requests or demands, such as threats of bodily harm, extortion, or blackmail
3. Anonymous or highly inconvenient harassing conversations or communications
4. Communications by a barricaded person or who is holding someone hostage
The Washington State Supreme Court stated that a victim can record evidence of a crime in progress without violating the two-party consent law.
That audio recording, often captured on a cell phone, can get used against the accused at trial in the court.
In conclusion, you can record harassment and use voice recording in court if you follow the above criterias.
How to legally record harassment in the private area without consent ?
As we mentioned above, if you are facing in the situation of :
1. Disaster, fire or medical crisis
2. Unlawful requests such as threats of bodily harm, extortion, or blackmail
3. Harassing conversations
You can freely record without request any consent from the associated parties.
Please be advised you have to consult with your local attorneys before using voice or video recording as the supportive evidence.
Notes : You cannot place the voice or video recording & any listening devices in other private area without any permission.
tools & tips to legally record harassment without consent and able to use as evidence in court ?
Obtaining proof of harassment is the key to stopping it.
As we mentioned above, to record harassment legally you have to be involved in the conversation or get harassed by the nasty invaders.
You can freely record without request any consent from the associated parties.
Please be advised you have to consult with your local attorneys before using voice or video recording as the supportive evidence.
Notes : You cannot place the voice or video recording & any listening devices in other properties.
But you can follow these tips instead :
1. Use smartphone recording to record harassment activities ( when you feel harassed or invaded.
2. Use our K-pen voice recorder to record the harassment activities
Tips : Our K-pen voice recorder has longer battery life than a smartphone by offering 30 days power standby & 31 hours continuous recording. Furthermore, with the voice activated feature you may not need to press the recording manually, the recorder will automatically record once the voice is captured.
3. Another recommendation is our Black Ops Voice Recorder Power Bank Edition . You can charge your smartphone and record harassment or unlawful activities without manually press the record in a smartphoen.
Our Black Ops Voice Recorder Power Bank Edition also come up with the long life battery standby, continuous recording and voice activated feature, the recorder can capture human voice upto 50 feets.
You can also read our post about Digital Voice Recorder vs Smartphone Recording.
Conclusion
You are free to record the harassment without consent but the court will consider how you obtain the recording evidence, check your consent and how evidence relates to your statement.
So we recommend you to check your country & state laws before making any recording in order to avoid the punishment from the laws.
There are some exceptions you can record without obtain consents if these activities occurs :
You can record their voice and hand it to your local attorney but you cannot record the video with audio due to the breaches of privacy.
But make sure you are participating in the conversation when you are recording.
You can read our articles about how to prove voice recording evidence in court in your country :
