Sexual Nature + Unwelcome Conduct*
= Sexual Haraassment
Sexual harassment is a form of sexual violence. Specifically, sexual harassment is an unwelcome sexual advance, an unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature that a reasonable person, having regard to all the circumstances, would have anticipated that the victim would be offended, humiliated or intimidated. Anyone, regardless of gender, can be a harasser or a victim/complainant of sexual harassment.
Sexual harassment is a breach of civil law according to the Sex Discrimination Ordinance of Hong Kong. The same act may also constitute a criminal offence, such as rape, indecent assault, voyeurism, etc.
RainLily Sexual Violence Helpline: 2375 5322
Examples of sexual harassment include:
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Not limited to private body parts.
For instance, touching hair, ears, hands, arms, the waist, or legs can all constitute sexual harassment, if it is an unwelcome conduct of a sexual nature that a reasonable person, having regard to all the circumstances, would also have anticipated that the victim would be offended, humiliated or intimidated.
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Example:
Sexual advances under the guise of pursuing a romantic relationship.
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Examples
Making sexually suggestive jokes
Insults based on sex
Intrusive questions about private life or sexual history
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Examples
Obscene and sexual hand motions
Suggestive facial expressions and/or sounds that simulate sex
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Sexual harassment also includes the creation of a sexually hostile or intimidating work environment by engaging in unwelcome or uninvited sexual behaviour.
Examples
Displaying pornography in the workplace
Loudly discussing sexual topics or telling crude jokes in an open area, even if it's just a conversation between person A and person B that person C inevitably overhears, this could constitute sexual harassment towards person C.
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Making someone's acceptance or refusal of behaviour in sexual nature a condition that affects their access to work, education, training, services, or related opportunities.
*Unwelcome conduct: Whether the harasser acted intentionally or not, the key factor is if the harassed person would be offended, humiliated, or intimidated. Legally, it also depends on whether a reasonable person would have (objectively) anticipated that the harassed person would feel that way.