Sexual harassment is any form of unwelcome sexual advance, comment, or behaviour.
It is a serious offence and can be extremely damaging to the lives of those who are victims of it.
It is charged and defined under the Anti-Discrimination Act 1991.
This article will discuss the basic information about sexual harassment.
Definition of Sexual Harassment
Sexual harassment, as stated by the Australian Human Rights Commission, is:
any unwanted or unwelcome sexual behaviour where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated, or intimidated.
Sexual harassment is a form of sexual abuse.
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What the Law Says about Sexual Harassment
As stated under the Anti-Discrimination Act 1991,
“Sexual harassment happens if a person—
- subjects another person to an unsolicited act of physical intimacy; or
- makes an unsolicited demand or request (whether directly or by implication) for sexual favours from the other person; or
- makes a remark with sexual connotations relating to the other person; or
- engages in any other unwelcome conduct of a sexual nature in relation to the other person;”
It further elaborated on the conditions that the individual engaging in the above behaviours must be acting in for it to be considered sexual harassment. It states
“and the person engaging in the conduct described in paragraphs (a), (b), (c) or (d) does so—
- with the intention of offending, humiliating, or intimidating the other person; or
- in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated, or intimidated by the conduct.”
The Workplace
During your employed life, have you ever been sexually harassed in the workplace?
In Australia, everyone has the right to feel safe within the workplace, and there are various restrictions specific to the workplace regarding sexual harassment for this reason.
Under the Fair Work Act 2009, laws apply to the workplace for the protection of workers.
Individuals of the below statuses are considered workers:
- An employee;
- A contractor;
- An intern;
- A supervisor;
- A student on work experience;
- An outworker;
- An apprentice or trainee;
- In specific circumstances, a volunteer.
Furthermore, employees are lawfully owed protections under workplace health and safety regulations, as sexual harassment is deemed a violation of safety.
A person directing a business, such as an owner or employer, has certain obligations to manage the health and safety risks harassment pose.
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Types of Sexual Harassment
In general, there are three main terms for sexual harassment.
These include verbal, physical and non-verbal and are all unlawful in Queensland.
Verbal Sexual Harassment
Verbal sexual harassment is the statement of anything of sexual nature to an individual who is unwilling to participate.
Examples of verbal harassment include (but are not limited to):
- Telling sexual jokes;
- Requesting sexual acts;
- Using sexually explicit language;
- Using sexually explicit nicknames or terms of endearment;
- Commenting on an individual’s physical appearance;
- Speaking in a sexual tone.
If you have experienced any of these behaviours towards you, or another sexually explicit behaviour not mentioned above, you may be a victim of sexual harassment.
However, in some circumstances, a sexually explicit comment may not be considered to the severity of harassment as it is based on the intent of the individual that made the comment.
This may include someone telling a sexual joke with the intention of making one laugh, as opposed to the same joke with the intention of making someone uncomfortable.
Non-Verbal
Non-verbal sexual harassment is an unwanted sexual advance or conduct that does not involve verbal communication but also does not go so far as to be considered physical harassment. Examples of non-verbal harassment include:
- Emailing or messaging in a sexually explicit nature;
- Revealing oneself;
- Blocking a hallway or doorway;
- Blowing kisses or winking (or gesturing in another sexually explicit manner);
- Staring or stalking;
- Showing pornographic material.
Physical
Physical harassment is unwanted sexual touching or contact.
Non-consensual physical contact can be considered either sexual harassment or sexual assault, depending solely on the severity of the specific matter.
Examples of physical harassment include:
- Any form of unwanted contact;
- Grabbing, patting, pinching, and rubbing;
- Kissing or hugging.
How Can I Prove I Was Sexually Harassed?
Are you a victim of harassment?
If so, you may be considering legal action. It is important that you are prepared for trial with evidence to prove you were sexually harassed by the defendant.
Forms of evidence may include:
- Tell your story
Although it may not be considered particularly damning evidence, make sure you’re honest with both your lawyer and the court about what happened. Your lawyer will assist in forming a case around the facts.
- Recordings and text messages
If the individual that has in the past or is currently sexually harassing you is doing so over a mobile device, it is wise to gather screenshots of messages or recordings of calls containing sexually explicit content to present to the court if or when the time comes.
- Speak with witnesses
If you were publicly harassed, there is a strong likelihood that someone has witnessed the encounter and may be willing to testify.
If you were harassed around your friends, family members, or acquaintances, you may want to have that conversation to see if they would be willing to testify for you.
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