Sexual Harassment in Australia
This guide was created to offer resources, knowledge, and steps on how to manage sexual harassment in the workplace.
What Is Sexual Harassment?
Unwelcomed sexual conduct
Sexual harassment is any unwelcomed sexual conduct that reasonably makes the recipient feel intimidated, embarrassed, or upset.It often involves abusing a power dynamic or gender-based stereotypes. However, all cases will involve a level of disrespect and lack of compassion towards the victim. If there is no sexual component, then it is typically a form of bullying.
Sexual Harassment: More Than Just Physical Conduct
The most common assumption is that sexual harassment must involve a physical component. However, that is not the case. Sexual harassment can occur physically, verbally, online, or even over text. Furthermore, victims do not have to prove it was ‘intentional’. The fact that the interaction occurred is enough.
The Importance of Speaking Up About Sexual Harassment
Victims of sexual harassment can feel embarrassed, defensive, angry, and may want to avoid the topic all together. There is no one right way to feel. However, it is important to speak up when it does occur. On average, only 1 in 5 victims will notify an authoritative figure in the workplace. Therefore, an abundance of sexual harassment goes unnoticed and unpunished.
Want to understand sexual harassment in more depth? Read our full guide on What Is Sexual Harassment?
Sexual Harassment Examples
Less common examples may include:
- Being asked to go to a senior staff members house for no reason.
- Excessive staring
- Explicit imagery near or around the victim. (Eg. Searching explicit material on someone else’s phone/laptop)
- People talking loudly about their sexual experiences around others.
- Commenting on the type of clothing someone is wearing.
There is an indefinite list of what can be considered sexual harassment. As long as the key components are present then then sexual harassment can or has occurred, It must be non-consensual, sexual in nature, and that it is reasonable for the victim to be intimidated, upset, or humiliated.
There may be circumstances that the recipient may not know they’re a victim of sexual harassment. Sometimes people second guess their feelings, wondering “should I be upset about that”. However, society has instilled and normalised a victim blaming mentality. If someone is unsure if they should feel upset, then it may require further unpacking.
The Most Common Examples Include:
Invasive Questions
Asking others intimate questions that they are not comfortable answering.
Unwanted Exposure
Showing others explicit material without forewarning
Unwanted Touch
Unwanted touching, particularly when walking past another person or so lightly the recipient is not certain it happened.
Sexual jokes
Sexual jokes made around or at the expense of the victim.
Know the signs. Explore more Sexual Harassment Examples
Where we can help?
Sexual Harassment in the Workplace
Perpetrators may target new or junior employees as they are less likely to speak up. Initially there will be ‘harmless’ jokes, subtle touches, or mild questioning of personal information.
Respect in Workplace
Sexual harassment usually occurs out of a lack of respect for others. Therefore, creating a respectful workplace is one attempt to counteract that. A respectful workplace is ensuring that everyone treats each other kindly.
Facing sexual harassment at work? Get the support you need today.
Sexual Harassment Case Examples
Sexual harassment has a broad application, which is highlighted by the myriad of real life cases available.
Compensation for Sexual Harassment: What You Need to Know?
Identify, understand & Let Us respond for you in the correct way
Frequently Asked Questions
Absolutely. It only takes one event for sexual harassment to be established. However, it is statistically more common for there to be a series of events. It is not uncommon for a once off event to be given some leniency, depending on what occurred. Miscommunications can occur, and most will cease any unwanted behaviour once they are made aware of their mistakes. It is important to communicate, even after a single event, to try and stop it from occurring again.
Sexual harassment is illegal in Australia. However, it is typically pursued in a civil capacity. Meaning that a perpetrator of sexual harassment is not a ‘criminal’ or has the possibility of being imprisoned. Most sexual harassment disputes are resolved financially and can be resolved outside of a formal court process.
Of course. Verbal sexual harassment can often go unnoticed; however, it is real and happens far too often. Words can be offensive, intimidating, and hurtful. Verbal sexual harassment is no more or less serious than other forms of sexual harassment. This can include ‘jokes’, talking about explicit material out loud, or asking inappropriate questions.
Sexual assault is typically considered the criminal version of sexual harassment. However, it is possible for both can exist at the same time. Both include unwanted sexual encounters or being forced into sexual situations. However, pursuing claims of sexual assault is usually associated with sexual violence, such as rape or abuse. Unlike sexual harassment, assault can result in a criminal conviction.
Absolutely. Unfortunately, people have developed ways to sexually harass others through all forms of communication. Texting is no different. Texting is less common as it is a more permanent and tangible form of sexual harassment that perpetrators typically avoid. However, it is easier to spot and avoid. This may be sending multiple suggestive texts. Sending explicit gifs or memes. Sending explicit links. Or a more pure form of harassment with sexual connotations.
Top barrister banned for sexual harassment: 3 crazy stories
Barrister who inspired TV lawyer banned for sexual harassment A NSW barrister who inspired the flirtatious main character of TV show Rake has been found guilty of sexual harassment. Seventy-five-old
Trump Election: how to protect your rights in Australia
How can you protect your rights in this 2024 election The results of the 2024 election have been a cause of concern for many. The first convicted felon elected as
Worker forced into sex with boss wins $25,000
Worker was forced into sex with boss or get dismissed A dismissed bookkeeper and worker forced into sex with her boss has won $25,000 in damages. The migrant worker had
