Sexual Harassment

The main difference between sexual assault and sexual harassment is that sexual assault crimes are prosecuted under the Criminal Code and sexual harassment is litigated under civil law—under federal and provincial/territorial legislation, human rights codes, and/or labour legislation or policies.
Sexual harassment is a form of sexual violence. It generally has three major characteristics:

  • the behaviour is unwanted and unwelcome,
  • the behaviour is sexual or related to the sex of the person,
  • the behaviour occurs where one person has more formal power or authority than the other (like a teacher or a boss) or more informal power (like an older student or co-worker).

Sexual harassment is any behaviour, comment, gesture or contact of a sexual nature that could be considered objectionable or offensive. It can embarrass or hurt. It is a form of discrimination that often starts with subtle comments or actions and may escalate to sexual assault. It can be an isolated incident or be many incidents over a period of time. It can affect a person’s school or job performance, self-esteem and sense of safety. It can also cause emotional and health issues, victims report feeling nervous, afraid, irritable, frustrated and powerless.
Most victims are afraid of the consequence of reporting sexual harassment. They may fear retaliation, being ridiculed or intimidated, receiving failing grades, losing friends, or even losing their job.

Legal options for dealing with sexual harassment

  • See if there is a sexual harassment policy at your workplace, school or wherever the harassment is happening.
  • Make a complaint to the police for sexual assault if any non-consensual physical touching occurred.
  • If you are unionized, see if the union has any process for dealing with sexual harassment.
  • Make a complaint to a professional body. For example, if you were harassed by your doctor, contact the College of Physicians and Surgeons.
  • File a complaint with the Ontario Human Rights Commission within six months of the last incident. Or, make a complain to the Canadian Human Rights Commission if sexual harassment occurred within a federal government department or at a business or industry under federal jurisdiction (e.g., a bank, airline or railway). A complaint can be filed for up to one year after the harassment occurred.

Stalking

Stalking is a form of harassment and is a criminal offence. Unlike sexual harassment that is litigated under civil law, stalking is prosecuted under the Criminal Code. It is illegal to engage in conduct that causes another person to fear for her or his safety or the safety of anyone known to her or him. Stalking includes such things as:

  • repeatedly following a person or her friend/family,
  • repeatedly communicating, either directly or indirectly, with a person or her friends/family when the communication is not welcomed,
  • watching the home or work place of a person or of her friends/family,
  • threatening the person, her friends or any member of her family.

Stalkers, like other offenders, come from all walks of life. They can be male or female, although the majority of stalkers are male. They are often ex-husbands or ex-boyfriends, but some are only casual acquaintances or strangers. The harassment usually starts when a woman leaves her husband or boyfriend or when she rejects a man’s request for a date. Sometimes, the problem begins when a stranger becomes obsessed with a woman who doesn’t return his feelings.
People who are stalked often received numerous phone calls every day and are watched and followed. Some women receive flowers, cards and letters; others receive death threats. The actions of the stalker often increase to become more and more threatening for the victim. In some cases, stalking ends with murder.

What to do if youare Sexually Harassed?