Silenced by Fear: A guide to navigate sexual Harassment by those in power

Sexual harassment can occur in many contexts, not just in the workplace. When the harasser is in a position of power be it a manager, investor, joint venture partner, or any influential figure it can create a climate of fear that discourages victims from speaking out. This article aims to shed light on what constitutes sexual harassment in these situations, the rights of the individuals affected, and the steps they can take to seek justice.

UNDERSTANDING SEXUAL HARASSMENT

Sexual harassment is defined by unwanted sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature. It's essential to understand that harassment can happen outside the workplace, and it often manifests through coercive or intimidating behaviour

Legal Context: It's important to note that while we are not criminal solicitors, sexual harassment can border on both criminal and civil law. For harassment to be committed, there must be a 'course of conduct 'i.e., two or more related occurrences. The communication does not necessarily have to be violent in nature, but it must be oppressive and cause alarm or distress. The incidents must be related and cannot simply be two isolated incidents.

STATS

• According to a 2019 report by the Equality and Human Rights Commission, 52% of women reported experiencing sexual harassment in the workplace.
• A 2018 survey by the Trades Union Congress (TUC) revealed that only 19% of women who had experienced harassment at work reported it to their employer.
• Outside the workplace, the statistics are equally concerning; a 2016 survey by YouGov indicated that 40% of women reported experiencing unwanted sexual advances in public spaces.

These statistics illustrate the pervasive nature of sexual harassment and highlight the importance of addressing this issue head-on.

POWER DYNAMICS

The imbalance of power can make it difficult for victims to confront their harasser. Fear of retaliation—such as losing a contract, investment, or business opportunity—can prevent individuals from taking action. It’s natural to feel guilty for not standing up for yourself, especially as a woman in a business setting. You may feel frustrated knowing that you’ve worked hard to build a relationship or business, only to risk losing it in a moment.

Victims may feel isolated, believing that no one will support them or understand their situation. This perception can exacerbate feelings of helplessness.

Social Stigma: The societal stigma surrounding sexual harassment may further silence victims, leading to concerns about being judged or not being believed.

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NAVIGATING SEXUAL HARASSMENT

• Avoid Being Alone: Whenever possible, do not be alone with the individual exhibiting inappropriate behavior. Always have someone accompany you when attending events or visiting their office.
• Public Spaces: If you have to meet, choose public places rather than private spaces or offices. This can help ensure that any interactions are witnessed by others.
• Document Everything: If you feel concerned, try to record anything said during meetings or conversations using your phone or smartwatch. Keeping a record can be invaluable.
• Set Boundaries: If the individual approaches you inappropriately, clearly express that their behavior is unwanted. If you feel too frightened to confront them directly, consider sending an informal email stating that while you appreciate their interest, you are not interested in pursuing anything beyond a business relationship.
• Escalate If Necessary: If the informal approach does not yield results, you may need to take a more formal stance. Communicate that their behaviour is unacceptable and has made you uncomfortable, and that you no longer wish to be in a private space with them. This can help preserve the commercial relationship while prioritising your safety.
• Recognise Persistent Behaviour: If the behaviour continues, it may fall under the definition of sexual harassment. At this point, your options include reporting the matter to the police, filing a formal grievance with their company, or pursuing legal proceedings, such as seeking an injunction or potentially taking action against their employer if your contract with them allowed for the harassment to occur.

Contact us for a confidential , sensitive chat to understand your rights and options. We have many employers and employees navigating this difficult path and the main principle is resolve this at your pace and to your satisfaction.

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