Do victims regret making a complaint
The decision to lodge a complaint of sexual harassment is a scary, but often necessary, first step. Unfortunately, too many Australians have to consider whether they are willing to make a complaint. Forced into a position to either take care of their personal well-being, or consider the repercussions of their complaint. But after the dust has cleared, do they regret lodging their complaint?
It is disappointing and disheartening that in our modern age victims can still feel as if they face more repercussions making a complaint, then what the perpetrator may face when held accountable. Some individuals continue to say that those who complain are “causing trouble”, rather than criticising those who commit the sexual harassment.
In saying that, society has learnt to steer away from the victim blaming narrative. More pressure is being placed on a larger organisations to create a positive precedent of denouncing sexual harassment in the workplace and allowing victims to be heard, respected, and taking care of.
What this article will discuss is what happens during and after the complaint process. How do individuals who have made a complaint feel once the processes are done? And what have they considered before and after the process is done?
Sexual harassment and mental health
Victims of sexual harassment will often describe how the effects have negatively affected their mental health more so than their physical health. However, physical symptoms can occur periodically or as a result of poor mental health.
Scientists have conducted studies to confirm that sexual harassment is a stressor that is associated with increased depressive symptoms. Moreover, individuals who experience frequent sexual harassment can experience depressive symptoms even if they have been harassed prior.
Additionally, there is a correlation between sexual harassment that occurred earlier in an employee’s career having long-term effects on depressive symptoms in adulthood. Younger employees can be targeted as they are considered naive or an easier target because they may not have developed the confidence to make a complaint or understand their options.
Additional mental health effects can include an increased risk of anxiety, post traumatic stress disorder, diminished self-esteem, and low confidence, amongst other detrimental effects.
It is clear that there are serious detrimental effects to sexual harassment and it’s not just “in their head”. However a victim of sexual harassment feels, it is valid and normal. No one should feel ridiculous or embarrassed for how they feel after the fact. In some cases, the victim may not realise how they feel until long after the event had occurred.
Lodging a claim
The first step is usually informing management that the sexual harassment has taken place. Depending on how the company responds, may determine how the victim feels and what paths they decide to take in the future. This is why it is imperative that companies are respectful and mindful of the fact that victim of sexual harassment often feel embarrassed, ashamed, scared, or even angry when making a complaint.
Depending on the circumstances, and how the company responds, this may be as far as a complaint will go. For complaints such as sexual harassment, companies have a responsibility to investigate and determine, on the balance probabilities, what had occurred. In a perfect world investigations are inquisitive and uncover the truth. If so, the perpetrator is often removed from the workplace and outside of the victims’ vicinity all together.
Unfortunately, not all companies know, or are willing, to take the time to be respectful and appropriate once an employee has made a complaint. Some may refuse to do an investigation as it takes away from company resources and can be costly. And other employers may try to diminish the complaint all together.
It is often required for the employee to advocate for themselves and argue for their rights. It should be noted that the employer also has to balance not acting too favourably for one party over the other. In doing so, they may be liable to an unfair dismissal case where the investigation was too biased for or against a certain side.
Why do so few make the first step?
It is projected that only one in five employees make a formal report or complaint with their employer.
There are a variety of reasons as to why that number may be so low. The first, is that the employee doesn’t believe that their employer will do anything about their complaint. Or alternatively, will treat them worse because they’ve made a complaint.
To combat this problem, employees have workplace rights under the Fair Work Commission. Specifically the ‘general protection’ legislation. This legislation protects employees who make complaints regarding their employment, and outlines that employers cannot retaliate because of the complaint. Retaliation, or adverse action, includes cutting shifts, demotions, pay decreasing, bullying, termination, and in some cases, the act of not doing anything at all.
Secondly, some employees may not realise that they have been sexually harassed. Or believe that the sexual harassment is ‘not bad enough’ to complain about. This idea is the product of victim blaming; that only some victims are justified in making a complaint.
This idea may also come from cultural differences. Where in some cultures it is more normal to hug or kiss each other on the cheek. In other cultures that can be seen as more intrusive. In any case, it’s important for individuals to refer to the definition of sexual harassment.
The definition is unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated. Therefore, there are typically two things to consider. What, in the specific circumstances, will be considered reasonable, and what are the victim’s emotions after the fact.
How the victim feels as a result of the sexual act is incredibly important. It is not up to the perpetrator or society to tell the individual how they should feel. But it is important for that individual to communicate that themselves.
Lastly, some employees will not report the incident because they simply do not know what will happen next. In that case, hopefully this article and similar articles will shed light on what they should expect and a general idea of the processes involved.
What if there is no complaint?
It is not guaranteed that employees who do not make a complaint are unscathed from the repercussions of a sexual harassment matter. Without making a report there’s less opportunity for the sexual assessment to stop. Some perpetrators take silence as a backwards form of approval.
Essentially saying that because they have not faced repercussions from their actions, they’re allowed to keep going. Or they’ll keep going because they know the repercussions won’t occur.
In the case of the sexual harassment being a ‘once off’ incident, employees still may feel guilty or pressured to make a complaint. This can often stem from a fear that the perpetrator will move on to another victim. Additionally, the victim may feel exacerbated symptoms of depression or anxiety (or other negative emotions) as they have not accessed an outlet to discuss what has happened to them or how they feel.
It is important to note, that employees can only do what is best for themselves and the circumstances that they are in. It may not be the right time to make a complaint as they still have to go to work every day, or they know that the perpetrator is moving jobs soon, or they just have not processed what has happened yet.
After the employer
In some cases, employees will have to seek aid through a third party organisation. Whether this be the Fair Work Commission or a state-based tribunal (VCAT, TASCAT, NCAT, etc). In some cases employees will have multiple options available to them and they’ll have to decide what is the best for their circumstances.
Regardless of what organisation is chosen, all parties will be treated the same and without bias. The initial stage of these institutions will often include mediation to determine whether the parties can come to an agreement between themselves. At this stage many claims can be resolved and do not require further action.
Mediation is not the same as a court process. Applicants who lodged a complaint should not feel that they will be cross examined or criticised. It’s not the institution’s role to ‘fact find’ or to determine anything. In some cases, institutions will ask for further information just to clarify any uncertain points or to gauge whether the complaint is within their jurisdiction.
These mediations often occur online via Zoom or Microsoft Teams, and will not require the applicant to talk directly to the perpetrator. However, for at least a period of time, all parties will be present within the same call. Every thing said in the call, and throughout the process, will also confidential and not accessable to the public.
This process can be hurtful and difficult for victims as they have to relive what they have experienced, and how they have suffered as a result. However, many applicants have also discussed the fact that they feel as if there is a weight off their shoulders or that it is easier for them to move on now that they’ve had the time to advocate for themselves in a safe space. Regardless of what the outcome may be.
After mediation
Only in the event where mediation was not successful, the applicant will have the opportunity to move forward in the process and have someone decide on the matter. This may include staying within the state tribunal, or a formal court process. This will include a publically available decision that is published online.
In any case, a judge, or the equivalent of a judge, will make a decision including whether the sexual harassment had occurred and what remedies will be awarded. Going through the final process of someone deciding on the matter can have varying effects on the victim.
If the outcome is in their favour, then the feelings can be bittersweet as it’s acknowledged that the sexual harassment had occurred. However, the remedy can alleviate some pain. If the outcome is not in their favour, then the victim can feel quite devastated. However, many have acknowledged that when the process was done, and they have an answer, that they received closure and were able to move on from the matter.
Do victims regret it?
It would be misleading to say that no one has ever regretted a sexual harassment complaint. For some it was not the right time, not the right place, or they didn’t have all the information in front of them. However, a more common narrative are individuals who regret not making a complaint.
Individuals have written their stories online about why they didn’t complain and their regrets about it not doing so. Many have written that the reason they didn’t complaint is because they felt that they had played a part in allowing the sexual harassment to occur. That they didn’t feel supported by their employer. Or that it was ‘just not that bad’.
However, after some time had passed the decision not to make a report had played as heavily on their mind as the incident itself. Facing the familiar issue of “if you don’t try, you’ll never know”.
Have you experienced sexual harassment?
If you’re ready to take the next step to lodge a sexual harassment or discrimination complaint in your state, our expert team at Sexual Harassment Australia can help. We are not lawyers but we are experts that have been helping women, men, and all kinds of victims to help bring their perpetrators to justice.
We offer a sexual harassment assistance service to provide comprehensive support those facing harassment, bullying, or discrimination. All information that you provide us will stay confidential. We do not tolerate any kind of sexual harassment or discrimination in the workplace and neither should you. You never know what will happen unles you try.
Call 1800 333 666 for a free and confidential discussion today.
