Sexual Harassment

Sexual harassment is any unwanted sexual behaviour that makes someone feel upset, scared, offended or humiliated, or is meant to make them feel that way.

Sexual harassment is a type of sexual violence – the phrase we use to describe any sexual activity or act that happened without consent. Other types of sexual violence include rape and sexual assault.

Victims and survivors of sexual harassment are often told that they are being 'unreasonable’ or 'too sensitive', or that they ‘can’t take a joke’.

But, sexual harassment is never funny and should not be happening.

It can often make victims and survivors feel upset, scared, humiliated or unsafe. For some, it can have a serious impact on their physical and mental health, and affect their quality of life.

In England and Wales, the legal definition of sexual harassment is when someone carries out unwanted sexual behaviour towards another person that makes them feel upset, scared, offended or humiliated.

It is also when someone carries out this behaviour with the intention of making someone else feel that way. This means that it can still be sexual harassment even if the other person didn’t feel upset, scared, offended or humiliated.

The Equality Act 2010 says someone sexually harasses another person if they:

• Engage in unwanted conduct of a sexual nature and
• The conduct has the purpose or effect of either violating the other person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

This unwanted sexual conduct can happen in person, on the phone, by text or email, or online. Both the harasser and the victim or survivor can be of any gender.

Sexual harassment includes a really wide range of behaviours, such as:

• Sexual comments or noises – for example, catcalling or wolf-whistling.
• Sexual gestures.
• Leering, staring or suggestive looks. This can include looking someone up and down.
• Sexual ‘jokes’.
• Sexual innuendos or suggestive comments.
• Unwanted sexual advances or flirting.
• Sexual requests or asking for sexual favours.
• Sending emails or texts with sexual content – for example, unwanted ‘sexts’ or nudes.
• Sexual posts or contact on social media.
• Intrusive questions about a person’s private or sex life.
• Someone discussing their own sex life.
• Commenting on someone's body, appearance or what they’re wearing.
• Spreading sexual rumours.
• Standing close to someone.
• Displaying images of a sexual nature.
• Unwanted physical contact of a sexual nature – for example, brushing up against someone or hugging, kissing or massaging them.
• Stalking.
• Indecent exposure.
• Taking a photo or video under another person's clothing – what is known as 'upskirting'.

Sexual harassment is a form of unlawful discrimination under the Equality Act 2010.

Rape Crisis, England & Wales, 2022