What kind of behavior is considered sexual harassment? What important evidence should be kept if someone was sexually harassed?

The definition of sexual harassment is relatively vague and extensive. When people hear the word sexual harassment, their first reaction is often that men attack women. Sexual harassment seriously damages the mental state of the victim. So what kind of behavior falls under sexual harassment? What important evidence should be retained if someone is sexually harassed? Next let’s take a closer look.

1. First of all, what is sexual harassment? What are the main types of common sexual harassment?

Although there are many definitions of "sexual harassment", my country's current laws still do not include "sexual harassment" concept. Until the legislature adopts it, it remains an academic point of view. Generally speaking, sexual harassment is unwanted or unwanted attention or contact of a sexual nature. In other words, if one party uses various methods to approach or try to approach the other party, and the other party is not interested, does not like, is unwilling, or does not want these sexual approaches, it can be said to be sexual harassment.

Sexual harassment in a broad sense mainly refers to sexual assaults against the opposite sex that occur in workplaces, public places and other areas.

Specifically, it mainly includes:

1. Sexual aggression

Such as rape, sexual abuse, and any sexually violent actions or abnormal behaviors that cause physical harm, that is, we When it comes to "sexual assault," this behavior constitutes a crime.

2. Verbal harassment

Including various sexist and gender-biased remarks with sexual connotations, as well as insulting, demeaning, and hostile remarks against the opposite sex.

3. Sexual teasing

That is, all unwelcome, inappropriate and profane sexual teasing, such as lifting clothes, touching the sexual organs of the opposite sex, exposing sexual organs to the opposite sex, and showing Pornographic images, etc.

4. Sexual coercion

Using coercion or threats to force the opposite sex to perform sexual services or sexual behaviors against their will, such as forced kissing, forced hugging, or forced indecency etc. behavior.

Sexual harassment in a narrow sense usually refers to verbal harassment, behavioral harassment and environmental harassment.

1. Verbal sexual harassment

Verbal sexual harassment refers to anyone making sexual remarks that make the victim feel embarrassed or uncomfortable in person, such as telling dirty jokes or using profanity in person or in public. The words were judgmental towards the victim. The main feature is a relatively explicit sexual orientation, and even naked direct expression of sexual requirements, which is obviously different from civilized expressions of love, courtship, and proposals based on respect for the personality of the other party.

2. Behavioral sexual harassment

Behavioral sexual harassment generally refers to making vulgar and obscene actions that make the victim feel uncomfortable, touching the victim with hands and feet, touching sensitive parts of the victim's body, etc. .

3. Environmental sexual harassment

Environmental sexual harassment refers to arranging the environment to make the victim uncomfortable and violated, such as placing sexually stimulating pictures, obscene books and periodicals, and playing obscene Audio and video products, etc.

2. 10 common forms of sexual harassment in the workplace:

1. Being repeatedly stared at sensitive parts of the body or being stared at for a long time with sexual connotations

< p>2. Others deliberately approach physically

3. Others tease or sexually suggest through phone calls, mobile phones or letters

4. Others abuse with sexual content

5. Others make sexual demands in exchange for benefits

6. Others make obscene gestures, including gestures, exposing sexual organs, etc.

7. Being forcibly touched

8. Being forcibly hugged

9. Being forcibly kissed

10. Being forced to have sex

3. Once sexually harassed How to protect your rights? What important evidence should you keep if you are sexually harassed?

First of all, say "no" firmly and clearly!

After being sexually harassed, you must firmly and clearly say no for the first time (if the other person is your superior, it will hinder your sexual harassment). In terms of affection, you can use more tactful words to refuse at first, but avoid silence and half-hearted refusal, which will be misunderstood by the other party as acquiescence, and then the situation will get worse). The form of refusal can be verbal, written, or expressed through mobile phone text messages, emails, WeChat, etc. For example, you could write: "It makes me uncomfortable when you talk to me/touch me in that way. Please don't do it again! Hopefully we can maintain a normal working relationship." .

"The advantage of this is that it makes the harasser realize that his behavior is objectionable to you, but no matter what method, evidence must be left to prepare for future complaints or lawsuits. The reason why it must be clearly rejected is because from From a legal perspective, "against the victim's will" is a necessary condition to determine whether a certain behavior constitutes sexual harassment. In addition, from the perspective of protecting yourself, failure to refuse will undoubtedly give the harasser a wrong signal: you acquiesce, and you are weak and can be bullied. Then continue to commit harassment in an intensified manner

Secondly, take appropriate action

1. Choose a way to speak out

Never hit someone after encountering sexual harassment. If you drop your teeth and swallow it, you should tell your trusted relatives and friends as soon as possible (it can be your good friend, your colleague or the leader of the unit, your sister, your mother, or even a hotline consultant) ), never underestimate the value of your own experiences and telling them in your own way. Doing so can relieve psychological stress on the one hand, and gain support from relatives and friends on the other. It can also be used as evidence for future complaints or prosecutions.

2. Collect evidence promptly and preserve all evidence

The evidence is in the details. What evidence should be provided for sexual harassment?

What evidence should be provided for sexual harassment? There are two types of evidence. When looking for witnesses, not only must witnesses be found, but the witnesses must also be willing to testify in court. In order to prevent perjury, witnesses must not receive harassing text messages or emails with the parties involved. If you receive sexual gifts or pornographic materials from others, you must leave the items as evidence. If you have been harassed for a long time, there are recordings or photos to prove it.

How to keep the evidence? /p>

First of all, witness testimony. In the same unit, it is difficult to obtain witness testimony from a colleague, unless the colleague later resigned, or he/she had a problem with the harasser and intended to use you to retaliate against the harasser. .

Therefore, you need to record the time, place and process of the sexual harassment incident, and include accurate details of what you said and what you did when you are in contact with the harasser. Use audio and video recording tools skillfully and discreetly at any time (no trace should be revealed when collecting evidence, otherwise not only will the evidence not be obtained, but personal danger may also occur), but attention should be paid to preventing infringement of personal rights and business secrets, and attention should be paid to retaining mobile phone text messages. , emails, WeChat, QQ chat records and other electronic documents containing harassment information. Only in this way can the fact of sexual harassment be proved. Do not delete electronic information. It is best to notarize electronic documents such as online "posts" to avoid being deleted by the other party. After being injured, you should go to the hospital for examination as soon as possible, and receive relevant psychological counseling and psychological treatment according to the specific situation. The retention of medical diagnosis records is crucial for future complaints or prosecutions. p>

In addition, you can also seek help from the Internet and social media, but be careful to maintain a certain sense of proportion. The facts stated are not exaggerated and are based on relevant evidence to prevent the harassed person from suing for infringement. its reputation.

3. Use the internal complaint mechanism to make a timely complaint

After being sexually harassed, you should promptly compile the harassment into written materials, leave a copy, attach relevant evidence, and report to the unit's human resources The department, labor union (if any) or higher-level leadership should complain and report, requesting that the harasser be punished accordingly and that the harasser be transferred out of the department.

The issue of the employer's responsibility for preventing and controlling sexual harassment in the workplace is covered in the "Law on the Protection of Women's Rights and Interests" and the "Special Provisions on Labor Protection of Female Employees", but they are both principled and advocacy provisions. A few years ago, civil society groups have cooperated with relevant companies to try to push pilot companies to formulate their own "Enterprise Rules for Preventing and Combating Sexual Harassment in the Workplace", covering the purpose, scope of application, definition and manifestations of sexual harassment in the workplace, handling organizational structure and responsibilities, publicity and We have comprehensively standardized training, complaints, investigations, mediation, processing, confidentiality, protective measures, processing flow charts, etc., and have achieved certain results.

4. Report the case to the public security organ

Sexual harassment violates the personal rights of others, which at least constitutes an illegal act that violates the Public Security Management Punishment Law. You can call 110 to call the police in time and demand that the harasser be punished according to law. Administrative penalties such as public security detention and fines will be imposed; if the circumstances are serious and a crime is suspected, the public security organs are required to file a criminal case for investigation in accordance with the law, and you can file a criminal lawsuit for civil compensation.

5. Complain to social rights protection organizations such as the Women’s Federation

If the unit management does not respond to your complaint, or is obviously biased towards the harasser, you should file a complaint in writing (with a copy of the evidence attached) You can also file a complaint with the Women's Federation, the Women's Trade Union Committee, the Legal Aid Center, etc. You can also seek help from civil society organizations to obtain their support, coordinate the handling, or support prosecution. Keep a written record when making a complaint, preferably from the harasser.

6. Sue in the People's Court

On the premise of having relevant evidence of harassment, you can file a personal injury compensation lawsuit in the People's Court and require the harasser to bear the responsibilities including stopping the infringement and making an apology. , compensation for losses (including mental damage solatium) and other related legal responsibilities. But please note that the lawsuit must be filed within one year from the date you knew or should have known that your rights had been infringed. If the statute of limitations of one year has passed and you have no legal circumstances to suspend or interrupt the lawsuit, it means that you have lost the right to win the lawsuit in the legal sense.

The above is some knowledge about sexual harassment and rights protection methods. If you are sexually harassed, it is recommended to seek support from professional legal and consulting organizations in a timely manner, and abide by relevant local laws and regulations in order to take appropriate legal action.