Sexual Harassment

Sexual harassment can occur in a variety of circumstances. The harasser can identify with any gender and have any relationship to the victim, including being a direct manager, indirect supervisor, coworker, teacher, peer, colleague or complete stranger.

Sexual harassment is a broad term, including many types of unwelcome verbal and physical sexual attention.This unwanted sexual conduct can happen in person, on the phone, by text or email, or online.

Sexual harassment includes a really wide range of behaviours, such as:

• Sexual comments or noises – for example, catcalling or wolf-whistling.
  
  
• Sexual gestures
  
  
• Leering, staring or suggestive looks. This can include looking someone up and down.
  
  
• Sexual ‘jokes’.
  
  
• Sexual innuendos or suggestive comments.
  
  
• Unwanted sexual advances or flirting.
  
  
• Sexual requests or asking for sexual favours.
  
  
• Sending emails or texts with sexual content – for example, unwanted ‘sexts’ or ‘dick pics’.
  
  
• Sexual posts or contact on social media
  
  
• Intrusive questions about a person’s private or sex life.
  
  
• Someone discussing their own sex life.
  
  
• Commenting on someone's body, appearance or what they’re wearing.
  
  
• Spreading sexual rumours.
  
  
• Standing close to someone.
  
  
• Displaying images of a sexual nature.
  
  
• Unwanted physical contact of a sexual nature – for example, brushing up against someone or hugging, kissing or massaging them.
  
  
• Stalking.
  
  
• Indecent exposure.
  
  
• Taking a photo or video under another person's clothing – what is known as 'upskirting'.

Sexual harassment can happen anywhere and ay any time. It can happen in many different scenarios.

In England and Wales, the legal definition of sexual harassment is when someone carries out unwanted sexual behaviour towards another person that makes them feel upset, scared, offended or humiliated.

It is also when someone carries out this behaviour with the intention of making someone else feel that way. This means that it can still be sexual harassment even if the other person didn’t feel upset, scared, offended or humiliated.

The Equality Act 2010 says someone sexually harasses another person if they:

• Engage in unwanted conduct of a sexual nature and
  
  
• The conduct has the purpose or effect of either violating the other person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Sexual harassment is a form of unlawful discrimination under the Equality Act 2010.

This means that people are legally protected from sexual harassment in certain places – for example, at work, on transport and at schools, colleges and universities.

So, if sexual harassment does happen in these places, victims and survivors have the right to take action to find a solution. This could include making a complaint or making a claim in the civil courts.

Some important things to know about sexual harassment and the law:

• It is the person receiving the sexual behaviour who decides if it’s unwanted – NOT the person doing the behaviour.
  
  
• It doesn’t matter if other people think the unwanted sexual behaviour is okay. Or if it’s common in the place it’s happened in.
  
  
• It can be a one-off incident or repeated.
  
  
• Just because certain sexual behaviour was welcomed or not objected to in the past doesn’t mean that it can’t become unwanted. Or that other sexual behaviour is wanted.
  
  
• Unwanted sexual behaviour doesn’t need to be intentionally directed at the victim or survivor – it can be something they witness or overhear.
  
  
• If a victim or survivor of sexual harassment is treated badly or less favourably because of their reaction to that harassment, the Equality Act 2010 says that this is also harassment.

Some forms of sexual harassment automatically break criminal law in England and Wales, and are therefore crimes. These include:

• stalking
  
  
• indecent exposure
  
  
• ‘upskirting’
  
  
• any sexual harassment involving physical contact (this amounts to sexual assault in English and Welsh law)

Other forms of sexual harassment might also break criminal law, depending on the situation. For example, if someone carries out sexual harassment behaviours on more than one occasion that are intended to cause another person alarm or distress, they may be committing the crime of harassment.

In cases of sexual harassment where a crime was committed, the following can happen:

• Police can arrest the person who committed the crime.
  
  
• This person can be charged with a crime and face trial.
  
  
• If they are found guilty or plead guilty then they will receive a punishment. This might include a prison sentence.

Everyone responds differently to sexual harassment – so whatever someone feels is a valid response. But, for lots of people, it can have a long-lasting impact on their feelings and wellbeing.

If you have experienced sexual harassment of any kind – whether it was recently or a long time ago – HERSANA is here for you. We will listen to you, believe you and create a safe space for you.

You may have heard the term ‘Bystander Intervention’ to describe stepping in to help if you see someone who might be in danger or at risk for sexual assault. Bystander intervention can also be a helpful strategy if you witness sexual harassment. You don’t have to be a hero to make a positive impact in someone’s life, and you can intervene in a way that fits your comfort level and is appropriate for the situation. If you choose to step in, you may be able to give the person being harassed a chance to get to a safe place or leave the situation. Below are some of the steps you can take if you see someone being sexually harassed—just remember to S.I.D.E., and of course, always keep your own safety in mind.

• Selfless - This is not about you. It is important to centre the survivor in your reaction.
  
  
• Indirect - Check in with the survivor. Ask if they are okay, what they need, acknowledge and validate their experience. Call on others to help.
  
  
• Distract - Create a distraction. Start a conversation with the survivor, ask for the time, spill your drink, drop something. But remember to make sure that you aren’t putting yourself in danger by doing this. If someone seems like they could become violent, do not draw their attention.
  
  
• Engage - Call out the negative behaviour directly...But only if this feels safe to do so. It may be a good idea to enlist the help of a friend or another bystander.

We know that it can be hard to approach the topic of abuse with a friend, colleague or family member. It’s important to remember that they may not want to speak to you, or may even react badly to you trying to discuss the situation with them. They also may not recognise what they’re going through or went through as abuse, even if you are sure it is. They may try to play it down or they could defend their partner’s actions. All of these reactions are common from victims and survivors of abuse, so whatever you do, make sure to accept your friend, family member or colleague’s reaction and don’t pressure them into talking. Although you may be tempted to try and encourage them to speak or seek professional support, you may have to accept that they are not ready for that step.

If they are ready to talk and confide in you, it’s a good idea to be able to signpost to organisations that can offer professional support as well as offering a listening ear yourself, if you can.

For Black femmes experiencing any form of sexual abuse, including sexual harassment, we can offer free and confidential help and advice.