Let’s begin by defining what sexual harassment is, it is basically any unwelcome verbal, visual, physical, non-verbal, psychological conduct that is considered to be sexual in nature than might, on reasonable grounds that can be perceived by the victim as placing a condition of a sexual nature on their employment because of their sex.

Sexual harassment can also consist of any unwelcome verbal, visual, physical, non-verbal, psychological conduct that is considered to be sexual in nature than might, on reasonable grounds that can be perceived by the victim to be an insult or humiliation, or even a threat to their well-being that has no connection whatsoever with their employment.

Sexual harassment in the office does not only encompass the events that happen only in the office, it can also include work related harassment that happens outside the office. Examples of the work related harassment may include the situations that take place at work-related social events such as gatherings or functions, during work assignments outside the office, or training or workshop sessions. Sexual harassment in the course of the work related travel is also considered as a form of sexual harassment in the office. Even if the harassment occurred as a result of the employment responsibilities or the relationship over the phone and through the electronic media, this can also be considered as sexual harassment in the office.

Are there different types of sexual harassments?

Yes, there are different types of sexual harassments and they fall under two categories which us sexual annoyance and sexual coercion. In the United States sexual coercion is known as quid pro qul sexual harassment and this type of sexual harassment has a direct result in some consequences to the victim’s employment and it is also a form of an employment discrimination. Sexual coercion is under a condition of employment, where an openly or implicitly offer is made by the supervisor in keeping a job or getting a promotion is made to the employee in exchange for sexual favors. The person will usually have the power over the promotion or the raise of the employee. So in sexual coercion promotion and favorable job benefits the promotion and favorable job benefits follow if that particular employee takes the advantage and has consented to sex. However if the employee has rejected the sexual advances then the job benefits will be denied.

The second type of sexual harassment is called sexual annoyance which is also known as a hostile environment of sexual harassment. In such cases the sexual annoyance is considered to be as demeaning and an unwelcome sexually related behavior that is not only offensive but also intimidating and hostile to the victim, but it has no direct connection to any job benefits. However, you should be aware that the annoying behavior may create an environment that is offensive which may affect the victim’s ability to continue working productively. The sexual annoyance includes that of the sexual harassment by an employee against a co-worker, likewise sexual harassment by a company’s customer against that of an employee will also fall under this particular category. Even so the definition of subjective words such as annoying, unwelcome and offensive still leaves for individual interpretation by the courts.

What are the differences between that of the verbal, visual, physical, non-verbal, and psychological harassment?

A verbal harassment is basically in oral form and this includes uncomfortable and offensive teasing, questioning, making suggestive sounds or remarks, joking, or verbal repartee. While non-verbal harassment can be categorized as a leer with indecent overtone, lip licking, persistent flirting, sexual activity or desire that is denoted by hand signal, and persistent flirting.

As for visual harassment, examples include walls that are covered with calendars, photographs; pin-up and drawings of naked and scantly clad women or even other sex based materials as well as sex based letter writing. Such sexual exposures will fall under this type of sexual harassment.

If it involves that particular person’s psychological well being then it can be considered as psychological harassment and includes oppressively constant proposals for dates, social invitations or repeated undesirable physical intimacy. For physical harassment this will include distasteful action such as touching of an intimate body part, pinching, brushing up against the body, kissing, sexual assault, patting, stroking, hugging, and fondling.

You will need to be aware that all forms of sexual harassment are behavior that will elicit sexual attention.

Are there any existing laws in Malaysia that deal specifically with sexual harassment cases?

Unfortunately there is not, however there is one law in existence that comes close in dealing with such issues of sexual harassment in Malaysia and it is the Penal Code, section 509.

Section 509 of the Penal Code suggests that; whoever, intending to insult the modesty of any women, utter any words, makes any sound or gesture or exhibit any object, intending that such word or sound shall be heard, or such gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which may extend to 5 years or with fine, or with both. However this existing law deals more with the physical aspects and the sexual harassment cases are currently dealt by the police and the claims will be made under section 509 of the Penal Code.

The Industrial Relations Act can still be amended to provide for the action against the perpetrators of sexual harassment, so this amendment to the act will be able to curb the sexual harassment. In the meantime, the Ministry of Human Resources is using its influence so that it can encourage the employers to adopt the Code of Practice against sexual harassment. There will also be an internal mechanism to prevent sexual harassment at the workplace and this code was introduced in the year 1999.

In the Code of Practice it has outlined the statements of purpose, descriptions of the behavior that constitutes harassment, how the company handles such complaints, the phone numbers to lodge a complaint, legal definition of harassment, how the employees should handle the harassment, and the kind of disciplinary action that is appropriate. Unfortunately the businesses in Malaysia do not have any form of policy against sexual harassment.

What are the chances of seeing justice being done?

Depending on the sensitivity as well as the efficiency of the management, there are rather good chance that your case will be taken seriously if you have been sexually harassed. However whether justice can be served is another matter. When you bring up sexual harassment cases, you and the harasser will be then cross-examined thoroughly. Due to the fact that the cases on the sexual harassment are difficult to prove there are few reported cases. Because of this evidence and the witnesses are the most important “assets”.

You should be aware that the sexual harassment case may face years of expensive litigation, and you will need to prepare for the fact that you will be forced to speak publicly about the embarrassing events, discriminated against by the supervisors and be shunned by your co-employee. For such situations, these are the main reason why most women that have been sexually harasses do not sue or make any form of formal complaint.

If any of the sexual harassment cases occur then you must promptly report to the management as well as the police of the incident. Do not delay the reporting of the incident, as the long delay in reporting is one of the main problems that are faced by the police in sexual harassment probe as it may be difficult to prove the criminal intent. Since the current law (section 509 of the Penal Code), deals more with the physical aspects of sexual harassment, so not all the sexual harassment perpetrators may be successfully brought to justice.

What should I do if I am a victim of sexual harassment?

If you are being sexually harassed at your workplace then you should take the following steps, immediately object to the behavior and make it clear to the harasser that you do not like what they are doing. So to avoid any of the miscommunication, make sure that you are direct and clear with your intentions. Never apologize to the harasser or smile at them.

Make sure that you keep a written record of each of the incident, so that you will be able to describe the incident in full detail that includes the date, witnesses, the time, and evidence if any of the place that the harassment happened. Look to see if there is any evidence or witnesses that may help you in proving your case as they are your most important assets. While you may have found your witness you will need to prepare in the event that the witness may not agree to go on the stand. You may try to pressure your witness in helping you prove your case and look out for helpful colleagues.

After the incident has occurred make sure that you tells someone immediately, try to seek console and let them know what exactly has transpired. If possible try to speak to another manager regarding this incident. After that make a formal complaint and if your company has certain procedure on how they deal with sexual harassment that it is advisable that you take that channel. However if the company does not have such procedures then go speak to the boss, if they are the source of the sexual harassment then seek assistance from their superior. If you feel that you do not feel talking to anyone about this or if you feel that your complaint is being ignored, the next option is to make a police report. You may also want to consider hiring a lawyer to pursue a civil suit against your harasser.