Recently, when a woman was riding the Hong Kong subway, she said that a male student saw her, scolded the male student for "seeing and raping" her, and joined her boyfriend to denounce her for "sexual harassment". The male student was forced by the two to call the police, and finally under the mediation of the police, the male student survived safely.
Judging from the video leaked from the scene, the woman and her boyfriend questioned one of the boys in a menacing manner, saying that he sexually harassed herself: "You make me uncomfortable, it constitutes unhappiness!", "Do you know what the definition of sexual harassment is? It means that any behavior, any look, or any movement that makes the woman feel uncomfortable, threatened, or attacked, is sexual harassment! Do you understand! Do you know?", "Do you know what it feels like for a girl to be impolitely stared at in the carriage?".
After the video was uploaded to the Internet, netizens supported the student brother and praised him for his calmness. In real life, if you use "make the other party uncomfortable to judge", then many of us are in the list of crimes of "sexual harassment", because this rather emotional word is highly subjective and difficult to judge, so how to define sexual harassment?
In fact, sexual harassment is a serious social problem that has been controversial for a long time, and there are relatively few cases of miscarriage of justice like the Hong Kong MTR, but in most cases it is still true.
However, the definition of sexual harassment is not simple and straightforward, and there is a certain ambiguity in the criteria for defining sexual harassment. However, it is crucial for the public and employers to understand how to accurately define sexual harassment.
First, the definition of sexual harassment needs to be considered in three aspects: behavior, motivation, and impact. Behavior is the core element that describes the specific manifestations of sexual harassment, including verbal, physical contact, non-verbal cues, etc. Motivation focuses on the intention behind the action, usually desire, control, discrimination, etc. Impacts relate to the feelings and consequences of the victim, including negative impacts on mental and occupational health.
There is also a certain ambiguity in the criteria for defining sexual harassment. Laws and regulations vary in definitions from country to country. However, the more commonly accepted criteria are "the person is unwelcome and behaves aggressively" or "the person is sexually discriminated against in the work environment, thereby affecting their work performance". This suggests that sexual harassment is defined not on the intention of the perpetrator, but on the victim's feelings and impact on the work environment.
To better define sexual harassment, we can consider the following:
1. Clear boundaries of behavior: Certain behaviors are expressly prohibited, such as sexual innuendo in speech, irrelevant inquiries about personal life, and the dissemination of e-mails, texts or pictures, etc. These behaviors are something that both frontline employees and management should avoid.
2. Criteria for mutual consent: Based on the consent of both parties is an important reference in defining sexual harassment. If the receiver makes it clear that a certain behavior is not welcome, the imposing party should stop the behavior. In the absence of explicit consent, the conduct may be considered sexual harassment.
3. Effects and consequences: Although standards can vary, sexual harassment is largely about the impact on an individual. Victims are upset, scared, or mentally harmed, and they may be less productive and sometimes even leave their jobs. These are important references for assessing the existence or absence of sexual harassment.
4. Respect for cultural differences: In cross-cultural work environments, the definition of sexual harassment should take into account differences in cultures' attitudes towards sexuality and personal space. This requires respecting and understanding the differences between different cultures, while upholding the principles of respecting and protecting each individual.
In addition to clarifying the definition and criteria for defining sexual harassment, effective response mechanisms must be established. This includes the following key aspects:
1. Convenient Channels: For individuals who have been sexually harassed, it is essential to provide convenient channels for complaints and grievances. Such channels must guarantee privacy and confidentiality.
2. Impartial Investigative Procedures: Every complaint shall be investigated impartially, promptly, and thoroughly. It should be the responsibility of a third-party independent agency. This ensures the neutrality and impartiality of the investigative process.
3. Victim support and protection: It is essential to provide support to individuals who have been sexually harassed. This includes providing psychological counselling and support, and ensuring that victims are not further harmed throughout the process.
4. Education and awareness-raising: It is critical to educate employees and management on how to recognize and prevent sexual harassment through training and awareness-raising activities. This helps to create a respectful and safe work environment.
How to define sexual harassment is a complex issue that requires consideration of multiple factors. However, clear definitions and defining criteria are key to establishing a fair and respectful work environment.
At the same time, the establishment of effective coping mechanisms and victim support is essential. It is only through sustained education and awareness-raising activities that we can further reduce the occurrence of sexual harassment and create a more equal and respectful society.