WHAT IS SEXUAL HARASSMENT?
Specific definition of sexual harassment has been defined under Section 2 of the Employment Act 1955 to mean :
“sexual harassment” means any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment;
Section 2 of the Employment Act 1955
FORMS OF SEXUAL HARASSMENT
- Verbal: Includes offensive or suggestive remarks, comments, jokes, jests, sounds and inappropriate questions.
- Nonverbal: Includes unwelcome gestures of a sexual nature.
- Visual: Includes unwelcome display and/or sharing of sexually explicit pictures and objects.
- Gestural: Includes leering or ogling; holding or eating food provocatively, and hand signals or sign language denoting sexual activity.
- Physical: Includes unwanted inappropriate touching or physical contact.
WHO CAN BE THE VICTIM?
Women are the primary victims but men can also be subjected to sexual harassment.
WHO CAN BE PREDATOR?
Both men and women can be perpetrators. Sexual harassment can occur between members of the opposite gender or the same gender.
WHERE CAN SEXUAL HARASSMENT HAPPEN?
Sexual harassment can occur at home, public spaces (e.g. streets, parks, malls, movie theatres, pools, restaurants, public transport), workplace, place of worship, colleges, universities, schools, online (e.g. social media, whatsapp, emails).
WHAT ARE THE EFFECTS OF SEXUAL HARASSMENT?
- Emotional effects may include: Anger, fear, humiliation, shame, guilt, betrayal, violation, powerlessness and loss of control.
- Mental health effects may include: Anxiety, depression, panic attacks, PTSD, difficult to concentrate, loss of motivation, substance abuse, suicidal ideation.
- Physical effects may include: Increased stress levels, headaches, fatigue, sleeping disturbances, eating disturbances.
WHAT CAN I DO IF I HAVE BEEN SEXUALLY HARASSED?
There is no clear-cut “right” way to respond to sexual harassment. But a victim can make an informed decision about what to do. Below are some steps you can consider:
1. Document everything – regardless of the type of harassment you are experiencing, it is important to document everything (e.g. date, time and location, the incident, witnesses, screenshots of conversation, keep the emails, texts, photos or social posts).
2. Share your experience with a trusted friend or family (for emotional support and to provide corroborating statements).
3. Lodge a police report.
4. Follow internal complaint mechanism (e.g. report to human resource department) if sexual harassment occurs at workplace.
5. Seek advice from a mental health expert for evaluation and support.
6. Contact organizations for help such as AWAM, WAO, WCC, JEWEL, SAWO and SWWS.
7. Seek advice for legal redress.
8. Contact the Johore Bar using the form below –