Campus Safety

What is Sexual Harassment?

Sexual harassment is unlawful under both the Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1977 (NSW).

Sexual harassment means unwelcome conduct of a sexual nature by a person in relation to another person, in circumstances which a reasonable person, having regard to all the circumstances, would have anticipated would offend, humiliate or intimidate the other person.

Examples of sexual harassment include, but are not limited to, the following unwelcome behaviour:

• Stalking, staring or leering.
• Unnecessary familiarity, such as deliberately brushing up against a person or unwelcome touching.
• Suggestive comments or jokes.
• Insults or taunts of a sexual nature.
• Making promises or threats in return for sexual favours.
• Displays of sexually graphic materials including posters, cartoons or messages left on notice boars, desks, or common areas.
• Sending explicit emails or text messages.
• Inappropriate advances on social networking sites.
• Request for sex or repeated unwanted requests to go out on dates.
• Behaviour that may be considered an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

What is Sexual Assault?

• SITCM defines sexual assault as when a person intentionally carries out an physical act with another person, in circumstances where the act is sexual and the other person does not consent.
• This is more serious than sexual harassment, and is a crime according to the Crimes Act 1900 (NSW) Part 3 Division 10: Sexual Offences against Adults and Children.

A person might not be capable of consenting to an act if they:

• Consent while substantially intoxicated by alcohol or any drug;
• Consent because of intimidatory or coercive conduct, or other threat, that does not involve a threat of force; or
• Consent because of the abuse of a position of authority or trust.

Not offering actual physical resistance to a sexual activity is not by itself regarded as consent.