Why am I subject to sneak attack

[Charles I]

Here's the situation: I'm walking through Rock Peak, minding my own business, when I spot a Cutthroat. I fire an arrow or cast a spell at it. The arrow/spell hits and does damage. I switch to a melee weapon. I get an AOO and first strike against the Cutthroat and do damage with both. Then lo and behold the Cutthroat gets a sneak attack on me. How is this possible? Can anyone explain why this happens or what may be done to prevent this?

[Nemesis Revised]

it happens to me to. even if you detect him he still snucks a sneak attack. im guessin he's still considered undetected to yuo (even if you spotted him).

[Cthulhu Drega]

yes just because you can see him ( usaly as if he was consealed or half there) doesent mean hes not still hidden to you you "sense" a attacker there either you hear footsteps or see shadows whatever it may be but he is still hidden and gets atleast a flank attack off

[-BannyD-]

thats because you are spottting them with listen where you actually dont really spot then...you just hear them in that area.

[IcemanXV]

But he got the first attack. As long as you are targetting someone, listen/spot or not, you shouldn't be attacked with a sneak.

[Cthulhu Drega]

But he got the first attack. As long as you are targetting someone, listen/spot or not, you shouldn't be attacked with a sneak.

while i agree with this the fact reamins that in this game it dont work that way sory