Sexual Harassment

Prepared by: Prativa Neupane

M.Sc.in Midwifery
 Introduction

• Unwelcome sexual advances, requests for sexual favors, and other

verbal or physical conduct of a sexual nature.

• Sexual harassment is a behavior.

• It is defined as unwelcome behavior of a sexual nature.

• For example, a man whistles at a woman when she walks by. Or a

woman looks a man up and down when he walks towards her.
 Definition

• “Unwelcome sexual advances, request for sexual favors, and other

verbal or physical conduct of a sexual nature constitute sexual
harassment when this explicitly or implicitly affects an individual’s
employment, unreasonably interferes with an individual work
performance, or creates an intimidating, hostile or offensive work
environment”

-U.S. Equal Employment Opportunity Commission

Causes of Sexual Harassment

• Socialization: The way in which men and women were brought up to

see themselves and others strongly influences their behavior. Various
viewpoints could create a climate that allows sexual harassment.
Causes Contd…

• Power games: Some men feel threatened by the career advancement

of women Other men who have recently gained positions of power
(possibly after decades of discrimination) may also try to prove
themselves by harassing women subordinates.
Causes Contd…

• Moral values, divorce and cultural differences: The prevalence of

marital stress and divorce in our society cultural differences about
what is, or isn't, acceptable in our rapidly-changing society could
make them vulnerable to sexual harassment.
Causes Contd…
• Credibility and victim-blaming: The credibility (The quality of
being believable or trustworthy) of the victim is often called into
question, as it is usually her word against that of the harasser/s.
Causes Contd…

• Aggressiveness or bravado: Men in groups often behave differently

from how they would as individuals. This can explain some of the
"gang harassment" that occurs when a woman enters a plant.
Causes Contd…

• Lack of company policy:

Four Ways of Sexual Harassment
1.VERBAL:
• Referring to an adult as a girl, hunk, doll, babe, or honey
• Whistling at someone, cat calls
• Making sexual comments about a person's body
• Making sexual comments
• Turning work discussions to sexual topics
• Telling sexual jokes or stories
Contd…

• Asking personal questions about social or sexual life

• Making kissing sounds, howling, and smacking lips
• Making sexual comments about a person's clothing, , or looks
• Repeatedly asking out a person who is not interested
• Telling lies or spreading rumors about a person's personal sex life
2.NON-VERBAL
• Looking a person up and down (Elevator eyes)
• Staring at someone, Blocking a person's path
• Following the person ,Giving personal gifts
• Displaying sexually suggestive visuals
• Making sexual gestures with hands or through body movements
• Making facial expressions such as winking, throwing kisses, or
licking lips
3.PHYSICAL:
• Giving a massage around the neck or

shoulders
• Touching the person's clothing, hair, or body
• Hugging, kissing, patting, or stroking
• Touching or rubbing oneself sexually around another person
• Standing close or brushing up against another person
4.TEXTUAL/ELECTRONIC:
• Electronically sending messages with sexual

content, including pictures and video.

• The use of sexually explicit language, harassment, cyber stalking
and threats via all forms of electronic communication (e-mail,
text/picture/video messages, intranet/on-line postings, blogs,
instant messages and social network websites like Facebook and
Twitter).
 Incidence of Sexual harassment
world wide
• As the 2018 Australian National Survey   revealed, almost two in five
women (39%) and just over one in four men (26%) have experienced
sexual harassment in the workplace in the past five years. Aboriginal
and Torres Strait Islander people were more likely to have experienced
workplace sexual harassment than people who are non-Indigenous
(53% and 32% respectively).
Incidence contd…

• In Japan, a study conducted by Ministry of Labour found that out of 2254

women respondent, two third were subject to sexually harassed, 11 % had
experienced quid pro quo and 45 % had been subjected to hostile working
environment.

• In Nepal a research on Sexual Harassment at the Workplace(2004) revealed that

the problem of sexual harassment is highly prevalent in workplaces, as 53.84
percent of women employee/workers reported that they have faced the problem
of sexual harassment in their workplaces, 57.14 percent of male and 23.08
percent women employee/workers were of the view that they were aware of
sexual harassment at the workplace.
Sexual harassment in Nepal

• Sexual harassment is an everyday issue for women in Nepal,

particularly in urban areas. Although exact numbers are unavailable,
activists say the problem is on the rise and are demanding change.

• Rana was harassed by a gang of local men in a village an hour from

the capital, Kathmandu. "They pushed and shoved me and one man
grabbed my breasts and asked me for sex," she told IRIN.
• Women dressed in short skirts and leggings carried signs demanding
change toward sexual harassment in public spaces and in the
workplace.
 ACCORDING TO, “ THE KATHMANDU
POST”

29th April 2020

• On March 25, a 14-year-old girl from Kanchan Rural Municipality was
allegedly raped by two men who are currently in police custody. On April 11, a
15-year-old from Gaidahawa Rural Municipality was raped by her own father.

• In the latter case, the family members tried to stop the victim from filing a
police case. But three days later, the incident was publicized and the police on
Friday arrested the alleged perpetrator who was on the run.
• In Province 5, despite the nationwide lockdown imposed by the
government to control the spread of Covid-19, incidents of rape have
not stopped. In the eight districts of Province 5, 20 women have been
raped in the 26 days that the country has been under lockdown.
• “Incidents of rape in the province have not stopped during the lockdown,”
DSP Nawaraj Pokharel of the provincial police said. Rupandehi has
reported the most number of rapes, with six cases in the past 26 days.

• Six rape cases were reported in Kapilvastu; three in Banke, two in Rolpa
and Gulmi each; and one case each in Bardiya, Pyuthan and Nawalparasi.

• Between mid-February and mid-March, the province recorded 35

incidents of rape.
LAWS ON SEXUAL HARASSMENT
• The Government of Nepal has enacted a specific legislation addressing
sexual harassment at workplace with the objective to protect the right
of every individual to work in a safe environment.

• The Sexual Harassment at Workplace Prevention Act, 2015 (2071)

(“Sexual Harassment Prevention Act” or “Act”) came into effect on
February 20, 2015 (Falgun 08, 2071). This Legal Update attempts to
highlight some of the salient features of the Act.  
Punishment under the Act
• Section 12 of the Act provides that any person who has committed
sexual harassment under the Act may be punished with imprisonment
of up to 6 months, and / or fine of up to Nepalese Rupees 50,000.

• The said Section also provides that any employer failing to comply
with the duties and responsibilities imposed by the Act, may be
punished with fine of up to Nepalese Rupees 25,000.
• In case of repeated offence, double the punished provided in the
foregoing may be applicable. To clarify, the aforesaid punishment
under the Act may be imposed by the external complaint handling
authority only.
 MANAGING
SEXUAL HARASSMENT
• Say “No” Clearly

• Write Down What Happened

• Report the Harassment

• Start a Paper Trail

• Use the Grievance Procedure at Work

• Involve your Union

• File a lawsuit

• To have & communicate a Clear Policy

• Train Employees about what constitutes Inappropriate Behavior

STOP! SEXUAL HARASSMENT
Reporting crime torts
 Tort and Crime

• Tort is defined as a civil wrong.

• Crime is defined as a wrongful act which is punishable by law.

• Some wrongful acts are torts as well as crime; like – assault,

defamation, theft, injury to property, trespass, nuisance. Therefore it is
essential to know the difference between torts and crime.
 Difference
Tort Crime
1.A tort is species of civil wrong 1.A crime give rise to criminal
which gives rise to Civil Proceeding. proceeding.

2.The object of law of tort is to 2.The object of law of crime is to

protects rights of a person. maintain law and order in the society and

3.Law of torts is un-codified law. crime prevention.

4.In tort there is violation of private 3.Law of crime is codified law.

right of an individual. 4.In crime there is violation of public
rights and duties which affect the society.
 Tort
5.In tort injured person is known as
plaintiff who file suit against the
wrongdoer i.e. the defendant.
6.In torts plaintiff himself takes action by
filing suit.
7. In tort the wrongdoer is liable to for
Crime
5. In crime injured person is victim who files
a complaint to police.
6. In crime the State takes action through
police as representative.
7. In crime the offender is liable for

compensation. punishment.

8. In torts intention is generally is not 8. In crime intention is always relevant.

relevant.
9. In crime the amount of fine which imposed
9. In torts amount of compensation is
as punishment is given to State.
given to the plaintiff.
Reporting crimes, torts & unsafe
practice
• Nurses are required by law to report nursing colleagues or other health
professionals for practice that endanger the health and safety of people
in their care.

• For instance, alcohol and drug use, theft from a person receiving care
or the organization, as well as unsafe nursing practice should be
reported.
• The reporting is not easy. The person reporting may feel disloyal,
incur the disapproval of others or perceive that chances for promotion
are endangered.

• When reporting an incident or series of incidents, the nurse must be

careful to describe observed behavior only.
• Another situation that may arise is where the nurse encounters
practices that may not be technically ‘negligent’ but are below the
expected standard. It is advisable that the nurse seek advice from a
senior member of staff about the action that should be taken in this
situation and how best to deal with the problem.
 Practice guidelines
Reporting a crime, tort or unsafe practice

• Write a clear description of the situation being reported.

• Make sure that statements are factual and complete.

• Make sure information is credible.

• Obtain support from at least one trustworthy person before filling the
report.
• Report the matter starting at the lowest possible level in the agency
hierarchy.

• Assume responsibility for reporting the individual by being open

about it. Sign the letter.

• See the problem through once reported.

References
• Pradhan-Malla S. Sexual harassment in the workplace in Asia.
Violence against women: Good practices in combating and eliminating
violence against women. 2005.
• Kozier & Erb's Fundamentals of Nursing Australian Edition 3, Pearson
Australia group Pty Ltd, 2015.
• https://www.slideshare.net/DinoVesper/sexual-harassment-ppt-253474
62
• https://www.slideshare.net/PraveenKeskar/sexual-harassment-163025
51
• https://
humanrights.gov.au/our-work/sex-discrimination/publications/respect
work-sexual-harassment-national-inquiry-report-2020
• https://reliefweb.int/report/nepal/women-demand-end-sexual-harassme
nt
• http://
www.pioneerlaw.com/news/nepal-introduces-legislation-to-address-se
xual-harassment-at-workplace
• https
://kathmandupost.com/province-no-5/2020/04/29/in-province-5-sexual
-harassment-and-domestic-abuse-cases-are-getting-more-severe
• https://
www.slideshare.net/DrVikasKhakare/tort-diff-tort-crime-breach-of-co
ntract?from_action=save
THANK YOU