Sexual Assault and Sexual Harassment

Sexual harassment can be defined as:

• unwanted sexual advances, or unwelcome requests for sexual favours; or
• other unwelcome conduct of a sexual nature; and
• in the circumstances, a reasonable person would have expected you to be offended, humiliated or intimidated by this behaviour.

Sexual harassment is any unwelcome sexual behaviour which is likely to offend, humiliate or intimidate. It has nothing to do with mutual attraction or friendship.

Examples include:

• unwelcome physical touching including deliberately brushing up against a person
• uninvited kisses or embraces
• requests for sex
• staring or leering
• sexually explicit conversation
• suggestive comments or jokes
• unwanted requests to go out on dates, especially after prior refusal
• emailing pornography or rude jokes
• sending sexually explicit texts
• intrusive questions about your private life or body
• displaying posters, magazines or screen savers of a sexual nature
• making promises or threats in return for sexual favours
• “flashing” (exposing private parts of the body) or sexual gestures
• sex based insults, taunts, teasing or name-calling
• touching or fiddling with a person’s clothing e.g. lifting up skirts, flicking bra straps
• offensive phone calls or letters
• stalking, sexual insults or taunting
• offensive messages through new technologies such as mobile phone cameras, social networking websites, emails or SMS/MMS communications.

Sexual assault is a legal term used to describe a range of sexual offences, from showing indecent mages to another person, to kissing or touching them, as well as penetration of the person’s body with a body part or object.

If someone does something sexual that makes you feel uncomfortable or touches your body when you do not want them to, it may be a sexual assault.

“Sexual assault’ is often called other names like:

Sexual abuse, rape, indecent behaviour, indecent assault, sexual molestation, incest, child sexual abuse, child sexual assault, touching, ‘feeling up’, sexual harassment.

If someone does something to make you feel that you have been assaulted, you can seek help from health and counseling services, including sexual assault services (see contact details below). This applies even when you don’t want to report to police, or if you have reported to the police, but they do not believe that a crime has been committed. If you are not sure whether you have been sexually assaulted or not, you can contact a sexual assault service or legal service. There are specially trained people who can help you understand what has

happened to you and what your options are. Some people blame victims or make victims feel that they somehow asked to be raped because of how they looked or dressed, or where they were at the time. This is not right. It is never a victim’s fault. Sexual assault is always a crime. For more definitions and examples of sexual assault

Giving your consent means you knowingly and freely agree to take part in sex or sexual activity. Consent must be voluntary, informed and you can change your mind at any time. Informed consent means you understand what you are giving consent to and there is nothing preventing you from indicating if you agree, decline, or change your mind to take part in sex or sexual activity.

Consent can be withdrawn by any party at any point and must be voluntarily given and is not valid if a person is being subjected to actions or behaviours that elicit emotional, psychological, physical, reputational, financial pressure, threat, intimidation, or fear (coercion or force). Consent to engage in one sexual activity, or past agreement to engage in a particular sexual activity, cannot be presumed to constitute consent to engage in a different sexual activity or to repeat a sexual activity. Consent cannot be given by a person who does not have the capacity to give consent, including those who are intoxicated, unwell, distressed, or otherwise disadvantaged.

In the context of sexual relations and this policy ‘consent’ and ‘consensual’ mean that:

• No one is pressuring the person;
• No one is forcing the person;
• No one is threatening the person or threatening someone or something the person feels deeply about;
• The person wants to have sex and has not changed their mind;
• The person has the ability to stop when the person wants;
• The person is awake and conscious;
• The person is not overly affected by alcohol or drugs;
• The person does not have a cognitive impairment that affects the ability to consent.
• the context of sexual relations and this policy, factors not involving consent:
• lack of capacity to consent, e.g., a person is unconscious, affected by alcohol or drugs;
• threat to or use of force, against another person, which need not involve physical violence or physical harm;
• unlawful detention;
• mistaken identity and mistakes as to the nature of the act;
• position of authority or power, intimidation, or forceful conduct.