Resource ● Last updated 13 October 2023 ● 7 min read
What to do if you’ve been sexually harassed outside of your workplace
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What is this resource?
This resource is for people in New South Wales (NSW) and Victoria to learn what to do if they’ve been sexually harassed outside of their workplace.
This resource covers:
- What is sexual harassment?
- Examples of sexual harassment
- Sexual harassment outside the workplace
- What can you do if you have been sexually harassed outside the workplace?
- What kind of outcomes are available?
- Things to remember
- Other sexual harassment resources
Note
This resource considers instances of sexual harassment in everyday life, outside of the workplace. If you have experienced sexual harassment at work you can read our resource “What to do if you have been sexually harassed at work – Justice Connect” for more information.
What is sexual harassment?
Sexual harassment includes any form of unwelcome sexual advance, unwelcome request for sexual favours, or unwelcome behaviour of a sexual nature.
Examples of sexual harassment
Sexual harassment can take many different forms, including:
- unwelcome or inappropriate physical contact (e.g. touching, patting, pinching, touching, kissing, hugging or brushing against a person)
- requests for sexual favours or sex in exchange for benefits
- negative treatment if another’s sexual advances are rejected, such as threat of termination or bullying
- sexual activities engaged in under threat of losing one’s employment
- sharing of sexual material around, including posters and screensavers
- sexual phone calls, texts or emails
- a requirement that people wear sexually-suggestive clothing
- banter of a sexual nature, lewd jokes or sharing of stories about sexual experience
- comments of a sexual nature about someone’s appearance
- repeatedly asking for a date or sexual favours despite being rebuffed
- sexually suggestive, offensive or demeaning remarks, gestures or facial expressions (e.g. leering or staring a person’s body up and down)
- questions about a person’s sexual activities.
The intent of the person engaging in sexual harassment does not matter. Likewise, the sex, gender and/or gender identity of the people involved in the harassment is irrelevant. Anyone can be impacted by sexual harassment.
Sexual harassment may occur in a single incident or a series of incidents. It can be physical, verbal or written. Also, sexual harassment may be subtle, rather than explicit or obvious. Sexual harassment may involve an abuse of power and/or trust and may be directed at a person who may not be able to stop the behaviour easily (for example, where the sexual harassment occurs between people of different levels of seniority).
Sexual harassment outside of the workplace
Sexual harassment may occur in any setting, whether by a friend, family member, co-worker, peer or stranger, including:
- at social events, such as at a party or at the pub with friends;
- at home, such as by a friend or family member;
- at a club in which you are a member, such as a local sports club;
- when buying or selling goods, such as shopping at your local grocery store;
- when selling or using services, such as when catching an Uber;
- when looking to rent or buy a house;
- when looking for a job;
- at school, such as by a teacher or another student; and
- online, such as when using a social media platform like Instagram, Snapchat or Facebook.
Example: sexual harassment at the pub
Prisha goes for a drink at her local pub. When she goes to pay, the bartender does not accept her credit card and instead makes a sexually lewd comment and gesture before allowing her to take the drink. Prisha expresses her discomfort, but the bartender continues to make the gesture.
Example: sexual harassment online
Amanda and Greg are taking the same class at university. Greg has repeatedly asked Amanda on a date. Amanda has politely declined on numerous occasions, telling Greg that she is in a committed relationship.
One night when Amanda is out at dinner with friends, she uploads a picture of herself and her friends to her Instagram story. Greg responds to Amanda’s story with sexually explicit emojis and images. Feeling incredible uncomfortable, Amanda blocks Greg on Instagram.
What can you do if you are sexually harassed outside the workplace?
It is important to remember that seeking help after being sexually harassed does not mean you have to report the behaviour to the police or face your perpetrator in court. If sexual harassment occurs outside the workplace, there are a number of legal and non-legal steps you can take.
Non-legal help
Sexual harassment can seriously affect your health and wellbeing. It may be helpful to talk to someone that you trust. If you are comfortable, tell a friend, family member, or some other person, such as a colleague or medical professional. Trusted people may be able to provide you with emotional support and help you assess your options to resolve the situation.
If you feel comfortable and safe, try approaching the perpetrator to explain that their behaviour is unwelcome. This may prompt them to realise that their behaviour is inappropriate and stop the behaviour.
If you are harassed by a co-worker, whether at work or otherwise, you may wish to talk to your employer about it. This could encourage important conversations about workplace culture and acceptable conduct.
If the harassment occurs in a setting such as a school, university, or club, you could check the policy for making complaints in relation to harassment and make a complaint.
If the harassment occurs at a business (for example, a pub, café, or local store), you could make a complaint to the relevant business. The harasser may be asked to leave the business. If the harassment occurs when using a service, such as Uber, you may be able to make a formal complaint to the relevant company. Uber, for example, enables users to report safety incidents through its ‘Help’ feature on the app.
If the harassment occurs online, you can report the harassment to the social media service or platform it occurred on. You may also be able to block or mute the abuse and the harasser.
Sexual harassment can affect your mental and physical health and wellbeing. It can help to talk to a professional about how you are feeling. There are a number of services that provide support and counselling from trained professionals – over the phone, online, or face-to-face.
Some specialised services include:
- 1800Respect (1800 737 732) which provides counselling for sexual assault / harassment 24-hours a day, 7 days a week.
- Sexual Assault Crisis Line (1800 806 292 (free call)), which is a dedicated line for people who have experienced sexual assault and violence.
Crisis lines and other general mental health services include:
- Your GP, who can provide medical assistance, referrals, and help setting up a mental health care plan. You can also seek medical assistance at a hospital emergency department or community health centre.
- Lifeline (13 11 14 (free call)), which is a 24-hour Australia-wide crisis support and suicide prevention service.
- Phoenix Australia, who are experts in trauma-related mental health and provide advice, information, self-help tools, and support. Phoenix Australia has published a fact sheet on coping mechanisms after experiencing trauma such as sexual harassment and/or assault.
- SANE Australia Helpline (1800 187 263), which provides information about mental illness, treatments, and support.
- Beyond Blue (1300 224 636), which provides telephone support, information, and resources for people dealing with depression or anxiety.
- The National Association of Services Against Sexual Violence can also direct you to an appropriate service in your State / Territory.
Legal Help
Some types of sexual harassment may also be considered criminal conduct. Examples include, stalking, sexual assault, indecent exposure, and obscene or threatening communications. Where this is the case, you may want to:
Talk to the police
You may wish to report your sexual assault or harassment to the police. The police will ask you to provide a statement about your experience. You can have a person with you for support during the police interview. The police may charge the perpetrator.
Get an intervention order
A protection or intervention order may be put in place to protect you from sexual harassment and other forms of violence. If you are being harassed by a family member or partner (current or former), you may be able to obtain a family violence intervention order (if in Victoria) or an apprehended domestic violence order (if in NSW). Otherwise, you may be able to obtain a personal safety intervention order (in Victoria) or an apprehended personal violence order (in NSW). You can apply for these orders at your local court or ask Victoria Police or the NSW Police Force to apply on your behalf. Provisional or interim orders may be made if you need urgent protection.
For more information about applying for an intervention order, see:
Victoria:
- Magistrates’ Court of Victoria – Applying for a family violence intervention order / Applying for a personal safety intervention order
- Victorian Government support for victims – Intervention orders
New South Wales:
- Law Access NSW – Step by step guide: Applying for an apprehended violence order through the Local Court
- NSW Police Force – Domestic and Family Violence: Apprehended Violence Orders
Sexual harassment is unlawful across Australia, and in each State and Territory. Sexual harassment laws are broadly similar throughout the country.
Under these laws, sexual harassment is unlawful in particular areas of public life, including when buying or selling goods or services, at school, at clubs, and at work.
There are a number of avenues available to seek legal help:
Make a complaint to a commission
Commissions are independent bodies set up by a government or relevant official body with authority to assist people to exercise their rights, by helping to resolve complaints and intervening in court cases.
You may be able to make a complaint to the relevant State / Territory Commission or to the Australian Human Rights Commission (AHRC). It is important to note that there can be time limits on lodging a complaint.
- Australian Human Rights Commission: Complaints under the federal Sex Discrimination Act may be made to the Australian Human Rights Commission. Complaints must be lodged within 24 months of the harassment occurring.
- Anti-Discrimination Board New South Wales (ADNSW): Complaints under the New South Wales Anti-Discrimination Act may be made to ADNSW. ADNSW can decline to pursue a complaint if the harassment occurred more than 12 months ago.
- Victorian Equal Opportunity and Human Rights Commission (VEOHRC): Complaints under the Victorian Equal Opportunity Act may be made to VEOHRC. VEOHRC may decline to pursue a complaint if the harassment occurred more than 12 months ago.
Report the abuse to the e-Safety Commissioner
For certain kinds of online harassment, you may be able to report the online abuse to the e-Safety Commissioner who can direct the relevant platform to remove harmful online content.
Seeking Legal Assistance
Navigating legal avenues after experiencing sexual harassment can be challenging and you may require a lawyer to assist you in taking these steps. You can find a lawyer through the Law Society or Law Institute in your State / Territory. If you cannot afford a lawyer, you may be eligible for free legal assistance.
The following services can provide or arrange free legal assistance:
In New South Wales:
- Law Access – 1300 888 529
- NSW Legal Aid – 1300 888 529
- Community Legal Centres – call Law Access on 1300 888 529
- Law Society NSW Pro Bono Scheme – (02) 9926 0364
- Kingsford Legal Centre’s Sexual Harassment Legal Service – (02) 9385 9566
- Justice Connect
In Victoria:
- Victoria Legal Aid – 1300 792 387
- Community Legal Centres – (03) 9652 1500
- Justice Connect
What kind of outcomes are available?
If you are able to approach the person directly or make a complaint with an organisation, club, or platform, you may be able to receive an informal apology, a promise to stop the behaviour, or other outcomes.
Other potential outcomes include those set out below.
Conciliation is an informal, flexible approach to resolving complaints prior to more formal legal proceedings. Conciliation is not a public hearing, a court of law, or a tribunal. That means parties do not have to prove or disprove the complaint. Instead, conciliation allows people to state their point of view, discuss the issues in dispute, and settle the matter on their own terms.
Federal
If you make a complaint to the AHRC, the AHRC will investigate the complaint and try to resolve it by conciliation (i.e, using an informal process where the offender, the AHRC, and you try and talk about the issues and resolve the complaint). The AHRC will determine whether it is appropriate for you to participate in this. The outcome or settlement will depend upon how you wish to have your complaint resolved and what the offender is willing to agree to.
State
In Victoria, if you make a complaint to VEOHRC, they also provide the opportunity to undertake conciliation. Parties may seek an apology, financial compensation, or a promise from the offender to change their behaviour. VEOHRC does not have the power to make an award or offer compensation but they can work with you to come to a suitable outcome.
In NSW, if you make a complaint to ADNSW, ADNSW may hold a meeting between you and the offender (‘conciliation conference’). ADNSW does not have the power to impose penalties or make orders.
Federal
In certain circumstances, if your complaint is not resolved by the AHRC or is discontinued, you may take the complaint to court. The court may grant you an amount of money (known as ‘damages’).
State
Neither VEOHRC or ADNSW can award compensation. If conciliation does not resolve your complaint, VEOHRC or ADNSW may refer your complaint to the relevant tribunal (VCAT or NCAT).
If you end up reporting the behaviour to the police, you may be successful in getting an intervention order. These orders may require a person to stop the harassment, or to not contact or be near you. Breaking these orders can result in criminal punishment.
If you make a police report, the police may arrest and charge the perpetrator. If the perpetrator is taken to court, this may result in criminal punishment.
Things to remember
Experiencing or resolving sexual harassment can be a stressful time. To keep yourself protected, there are a few things that are helpful to remember throughout the process:
If possible, it is helpful to make notes of your experience of sexual harassment, including the following details:
- what occurred;
- when did the conduct occur;
- where did the conduct occur;
- who was involved; and
- who may have witnessed or overhead it.
If the sexual harassment is all or partly in writing, you should keep either the originals or copies of this material. This is especially important where it may later be deleted such as in an instant messaging app, like Snapchat or Instagram stories.
Victimisation is unlawful under discrimination laws. Victimisation is when a person subjects, or threatens to subject, another person to detriment because they have done something, including:
- giving, or proposing to give, evidence or information in connection with a complaint.
- making an allegation that a person has done something that is unlawful; or
- making, or proposing to make, a complaint; or
Most commissions impose a time limit in relation to discrimination claims. The Australian Human Rights Commission imposes a time limit of 24 months, and state bodies usually impose a twelve-month time limit. However, each of these bodies have powers to consider a complaint outside of these time limits, if they choose to do so. You can therefore still make a complaint after this timeframe has passed, however you should be aware that it may need to go through an additional process to determine whether your claim can be accepted.
If you have been sexually harassed, it is important that you make the complaint to the appropriate person or authority.
If you publish information about your sexual harassment claim more widely, the person you are making the allegations against could make a claim that you have defamed them. Defamation is when someone’s character is harmed due to the publication of material that is likely to lessen their standing or reputation. This includes both written and spoken commentary. Posting on social media posts such as Tweets or Facebook updates can count as defamation.
The law provides protection for people making a legitimate complaint in good faith to an appropriate authority such as the police, a human resources manager, or someone else whose role it is to receive allegations of sexual harassment. So you can make a formal complaint without worrying about defaming your perpetrator.
While going through the appropriate channels may feel frustrating, it is important that you do so. The risk of a potential defamation claim should not be ignored. You should not share it more broadly unless a lawyer tells you it is okay to do so.
If someone has accused you of defaming them after raising an allegation of sexual harassment, please contact our service for further assistance here: Get help – Justice Connect – Apply for free legal help
This resource was last updated on 13 October 2023. This is legal information only and does not constitute legal advice. You should always contact a lawyer for advice specific to your situation. Please view our disclaimer for more information.
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