What is sexual harassment?

Sexual harassment is any unpleasant sexual advancement, request for sexual rage or other manners of a sexual character that makes a person feel offended, humiliated or intimidated. It can occur in person, online or in writing. Sexual harassment is not consenting sexual behaviour and it is not flattering attention.

The examples of sexual harassment include but are not limited to the following:

• Undesirable touching or embracing;
• Kissing without permission;
• Probing;
• Inappropriate exposure;
• Sexual assault;
• Requests for sexual favours or other behaviour of a sexual temperament;
• Gazing or leering in a sexual way;
• Pushing sexually suggestive remarks or jokes;
• Transmitting sexually explicit emails, SMS or photos;
• Demonstrating sexually explicit images or material; and
• Making someone feel uneasy by chatting about their sexual vitality.

What are the laws governing sexual harassment in the workplace?

The Sexual Harassment Act 1991 Qld makes sexual harassment at the workplace unlawful. This includes unwelcome sexual advances, requests for sexual favours or other conduct of a sexual nature which makes a person discern offence, humiliation or intimidation. If you have been sexually harassed at work, you can make a complaint to the Queensland Human Rights Commission.

The Queensland Human Rights Commission

The Queensland Human Rights Commission is an independent statutory body that promotes compliance with the Queensland Anti-Discrimination Act 1991 and investigates complaints of discrimination, sexual harassment and vilification.

If you have been charged with sexual harassment, it is important to seek legal advice as soon as possible. Depending on the specific circumstances of your case, there may be a number of different defences available to you.

For example, if the alleged victim consented to the conduct of the offender was not of a sexual nature or if the victim was not offended or humiliated by the conduct, you may be able to have the charges against you dismissed.

It is also important to remember that if you are found guilty of sexual harassment, you may face a number of penalties, including a fine, imprisonment or both. You may also be ordered to pay damages to the victim and/or be placed on the sex offenders register.

What constitutes sexual harassment at the workplace?

There is no one answer to this question as it can depend on a number of factors, including the specific circumstances of each case. However, generally speaking, sexual harassment at a workplace is any distasteful or abusive conduct of a sexual nature that institutes an intimidating, adversary or improper working environment.

What are the consequences of sexual harassment at the workplace?

The consequences of sexual harassment at a workplace can vary depending on the severity of the behaviour and whether or not it is reported. For example, if the behaviour is considered to be minor, the consequences may only be a warning or counselling. However, if the behaviour is more severe, the consequences may include dismissal from the workplace.

It is also important to note that sexual harassment at the workplace is against the law in some jurisdictions. This means that if you are found to have engaged in this behaviour, you may be liable for civil or criminal penalties.

What can you do if you experience or witness sexual harassment at a workplace? 

If you experience or witness sexual harassment at a workplace, it is important to report it to your employer or the relevant authorities. This will help to ensure that the behaviour is dealt with and that the perpetrator is held accountable for their actions.

You may also want to seek legal advice if you have experienced sexual harassment at a workplace. A lawyer can advise you of your rights and options and can help you to take action against the perpetrator if you wish to do so.

There are a number of things that you can do to prevent sexual harassment in the workplace. These include:

• Familiarising yourself with your workplace’s policies on sexual harassment.
• Speaking up if you witness someone engaging in behaviour that could be considered sexual harassment.
• Reporting any incidents of sexual harassment to your employer or the relevant authorities. 

You can also play a role in preventing sexual harassment at a workplace by creating an environment where this type of behaviour is not tolerated.

How should you report an incident of sexual harassment?

If you have been sexually harassed at work, you should report it to your supervisor or HR department immediately. You may also want to consult with an attorney to discuss your legal options and whether filing a complaint with the Equal Employment Opportunity Commission is right for you. Sexual harassment can be a traumatic experience, so it is important to seek counselling and support from a Sex Offence Lawyers Sunshine Coast if you need it.

What are the penalties for sexual harassment in the workplace? 

The penalties for sexual harassment at a workplace can vary depending on the severity of the behaviour and whether or not it is reported. For example, if the behaviour is considered to be minor, the penalties may only be a warning or counselling. However, if the behaviour is more severe, the penalties may include dismissal from the workplace or a fine.

It is also important to note that sexual harassment at the workplace is against the law in some jurisdictions. This means that if you are found to have engaged in this behaviour, you may be liable for civil or criminal penalties.

Contact Smith Criminal Law to learn more!