Why sexual harassment is often a hidden crime

  • 12/19/2018
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Sexual harassment in the workplace is an often hidden issue that becomes public from time to time, causing great concern in societies worldwide. It is not confined to women — men may be victims too. It is a sensitive area that many communities avoid talking about, especially in the Middle East. This sensitivity leads to many victims of harassment remaining silent, especially since the offense can be difficult to prove. However, sexual harassment has a clear definition in law; there are penalties for offenders, and there are legal efforts to combat it. Sensitivity, secrecy, a lack of information and the absence of transparent discussion of the issue mean that accurate statistics on the incidence of sexual harassment can be difficult to obtain in the Middle East compared with other societies. Cases are often limited to personal anecdotes rather than official records. However, we should not infer from this that there is less harassment. We do know that victims of sexual harassment are more likely to lack legal representation and the financial resources to seek redress. And we know that such conduct in the workplace has a significant impact on productivity. In Saudi law, sexual harassment is any statement, act or sign with a sexual connotation inflicted by one person on another in relation to the victim’s body or their modesty, by any means. This includes modern technology, so even a text message may constitute sexual harassment. Offenders may be imprisoned for up to two years and/or fined up to SR100,000 ($26,658). Penalties increase to five years’ imprisonment if the offense is repeated; if the victim is a minor or has special needs; if the offender has authority over the victim, directly or indirectly; or if the victim was unconscious. The penalties also apply to anyone who colludes with, assists or protects the offender in any way. You may ask, what happens if the offender persuades the victim not to complain, or to withdraw a complaint, by pointing out that a legal case may harm the victim’s career prospects? The law is clear on this too; the prosecution should proceed because it is in the best interests of society as a whole. Equally, many victims are reluctant to report incidents of harassment because they fear being accused of spreading scandal, and the potential intrusion into their privacy. They may be reassured that the law guarantees privacy and secrecy, as well as the confidentiality of any information they supply, including their identity. The Ministry of Labor and Social Development has issued a charter (Combating Harassment in the Workplace), which each employee is obliged to read and acknowledge to ensure the clarity of the complaint mechanism, procedures and measures that target sexual harassment. Other ministries, government bodies and private sector institutions should develop such charters. In the end, however, the law against sexual harassment can only be effective if it is complemented by public awareness of its provisions to encourage reporting of these incidents. We need a radical solution to ensure that cultural sensitivities, while important, do not affect the process of complaints. Not just society as a whole, but its individual members too have a duty and responsibility to report cases of harassment, even if they are not directly involved. In this way, we can obtain the transparent and reliable statistics that society requires. Dimah Talal Alsharif is a Saudi legal consultant, head of the health law department at the law firm of Majed Garoub and a member of the International Association of Lawyers. Disclaimer: Views expressed by writers in this section are their own and do not necessarily reflect Arab News" point-of-view

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