What the law says about sexual harassment
Bonus spoke to local attorney, Magdaleen de Klerk from DDKK Attorneys Incorporated, who explained what the law says about sexual harassment.
POLOKWANE – At one point or another, women have had the experience of feeling threatened in a sexual manner in a public space.
Although sexual harassment can be mild, some women have suffered extreme instances of sexual harassment. An example may be one of a woman who was trending on social media after she had her dress pulled up by men at a taxi rank, because her dress was deem ‘too short’. This incident is unfortunately the tip of the iceberg for the things that women (and men) experience in their daily lives, from unwanted attention to the sexual comment made as they walk past.
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Bonus spoke to local attorney, Magdaleen de Klerk from DDKK Attorneys Incorporated, who explained that in terms of the provisions of the Protection from Harassment Act, Act 17 of 2011, sexual harassment means any, (a) Unwelcome sexual attention from a person who knows or ought reasonably to know that such attention is unwelcome, (b) Unwelcome explicit or implicit behaviour, suggestions, messages or remarks of a sexual nature that have the effect of offending, intimidating or humiliating the complainant or a related person in circumstances, which a reasonable person having regard to all the circumstances would have anticipated that the complainant or related person would be offended, humiliated or intimidated, (c) implied or expressed promise of reward for complying with a sexually-oriented request; or (d) implied or expressed threat of reprisal or actual reprisal for refusal to comply with a sexually oriented request.
Harassment means directly or indirectly engaging in conduct that the respondent knows or ought to know, causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person by unreasonably; following, watching, pursuing or accosting of the complainant or a related person, or loitering outside of or near the building or place where the complainant or a related person resides, works, carries on business, studies or happens to be or engaging in verbal, electronic or any other communication aimed at the complainant or a related person, by any means, whether or not conversation ensues; or sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the complainant or a related person or leaving them where they will be found by, given to or brought to the attention of, the complainant or a related person; or amounts to sexual harassment of the complainant or a related person.
Maphuti Mashiane, a counselor explained that sexual harassment can have negative psychological effects on the victim. “Sexual harassment or any other form of harassment can cause the victim to suffer from post- traumatic stress disorder, and even worse is that the effects may not be evident immediately, it sometimes takes years,” he said. He further explained that the person might also experience anxiety and depression. One of the biggest mistakes that people make is trying to bottling it up or ignoring the emotions that come from thinking about the violation rather than dealing with them. He added that it may be difficult to speak about but the healing process begins with speaking about it with somebody you trust.