IGDS FACT SHEETS - Issue I - Sexual Harassment and Consent

IGDS FACT SHEETS Issue I

Sexual Harassment and Consent

Prepared by Dr Angelique V. Nixon & Dr Sue Ann Barratt Published February 2020

Institute for Gender and Development Studies The University of the West Indies St Augustine Campus Trinidad and Tobago

IGDS FACT SHEETS Sexual Harassment and Consent Content 1.

What is Sexual Harassment?

2.

What is Consent?

3.

What are the Policy and Legal Responses to Sexual Harassment in Trinidad and Tobago?

4.

What are the Policy and Legal Responses to Sexual Harassment at the UWI?

5.

How to access protection against Sexual Harassment?

6.

How can I get involved in actions around this issue?

7.

What has IGDS been doing to deal with this issue?

8.

IGDS Led Activities and Campaigns

9.

Useful Links

10. Useful Resources Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

1

What is Sexual Harassment?

• Sexual Harassment is unwelcome behaviour that infringes upon a person’s body, space, and makes sexual demands verbally or non-verbally.

• Street Harassment is a form of sexual harassment which includes, unwanted verbal advances, and threats to the person’s body.

• It remains a widespread problem that women and LGBT persons experience disproportionately.

• It is widely considered a form of sex and gender based violence and discrimination across the world.

• Despite cultural norms, unwanted sexual advances and behaviours are never acceptable.

• It can happen in private or public space; the workplace, on the street, in our communities and families.

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

2

•Consent is quite simple. It requires willingness, choice, agreement, mutual respect, and permission.

•Consent requires asking clearly what the other person wants and desires in any kind of close, personal, or intimate interaction and getting confirmation.

•When it comes to sex, consent must be a priority and can be withdrawn at any time. All persons involved must decide and agree on when, where, and how to engage in sexual activity.

•Sexual consent can only be given when a person has the ability and freedom to agree to any form of sexual activity.

• Sexual activity refers to a variety of sexual acts, ranging from individual to interpersonal, for a variety of reasons. It may include behaviour and activities that are intended to arouse the sexual interest of another.

• In Caribbean cultural contexts, sexual activity could be interpreted through dance (wining) and courtship rituals (tracking, dealing, talking), which must all be affirmed through consent.

• Sexual activity without clear and willing consent is sexual assault.

What is Consent?

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

3

What are the Policy and Legal Responses to Sexual Harassment in Trinidad and Tobago?

In Trinidad and Tobago, there is no legislation as yet that explicitly deals with sexual harassment; however there are several acts that can be used to address sexual harassment.

• Under Section 15 of the Sexual Offenses Act , sexual harassment may be considered indecent assault.

• Under Section 6 of the Occupational Safety and Health Act , a claim of psychological injury or damage can be made in cases of sexual harassment.

• The Equal Opportunity Act Section 5 offers protection against sex discrimination in the workplace and access to goods and services.

• The Offences Against The Person Act of 2005 makes harassment a criminal offence.

The “Offenses Against The Person” defines harassment of a person as “alarming the person or causing the person distress” by engaging in certain types of behaviour on at least two occasions.

The details on types of behaviour and conduct are included at length in the act. The provisions on harassment also apply to persons who are in a familial or close personal relationship.

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

4

What are the Policy and Legal Responses to Sexual Harassment at the University of the West Indies?

The University of the West Indies has a Sexual Harassment Policy for the entire regional university community, in which sexual harassment is defined as: “a form of misconduct which includes sexual advances, requests for sexual favours, and other similar verbal, non-verbal or physical conduct of a sexual nature or based on sex, including same sex, whether it is recurrent behaviour or a single incident and is made by any person, who knows or ought reasonably to have known that such behaviour is unwanted by the person to whom the conduct is directed.�

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

5

How to access protection against Sexual Harassment?

• Contact Law Enforcement and Legal Agencies for assistance in reporting using the above acts.

• Contact the Equal Opportunity Commission for guidance on protection against discriminatory acts in the workplace and access to services.

• Check Your Organisation/ Employer’s Policies and Procedures regarding sexual harassment. If there are no clear policy or procedures, demand one.

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

6

How can I get involved in action around this issue?

• Join a women’s organisation and participate.

• Create awareness about sexual assault and consent through discussion with loved ones and colleagues.

• Use Social Media to build awareness.

• Support IGDS Led Activities and Campaigns.

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

What has IGDS been doing to deal with this issue?

Collaborations with Civil Society Partners Building Solidarity

e.g. Support of the CEDAW Convention

Lobbying e.g. Calling for National Sexual Harassment Legislation

and support for the Alliance

Campaigning

e.g. Leave Me Alone / Leave She Alone Carnival Campaign

Building Visibility

e.g. Co-coordinating the Annual International Women’s Day March and Rally - Women’s Rights are Everyone’s Responsibility (2017, 2018, 2019)

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

IGDS Led Activities and Campaigns Break the Silence Project to End Child Sexual Abuse Sexual Culture of Justice Project Men Speak Up Videos - #PullUpYuhBredren Campaign Red Card for Rape Culture Workshops and Campaign Ending GBV Campaign with Two Cents Movement Consent is UWI Culture Campaign IGDS Ignite – Cat Calls of UWI – Instagram Campaign

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

USEFUL LINKS & RESOURCES The Sexual Offenses Act

http://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/11.28.pdf

The Occupational Safety and Health Act

https://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/88.08.pdf

The Equal Opportunity Act

http://www.equalopportunity.gov.tt/sites/default/files/act_29_2000.pdf

The Equal Opportunity – Guidelines on Sexual Harassment in the Workplace

http://equalopportunity.gov.tt/sites/default/files/Guidlines%20on%20Sexual%20%20Harrassment_FINAL.pdf

The Offenses Against the Persons Act

http://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/11.08.pdf

The UWI Policy on Sexual Harassment

http://www.open.uwi.edu/sites/default/files/Sexual_Harassment_Policy_UWI_May_26_Revised.pdf

UN Women Definition of Sexual Harassment http://www.un.org/womenwatch/osagi/pdf/whatissh.pdf

“Why we need sexual harassment laws in the Caribbean?”

by Tracy Robinson. Stabroek News 21 July 2009 https://www.stabroeknews.com/2009/features/07/21/why-we-need-sexual-harassment-laws-in-the-caribbean/

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.

USEFUL RESOURCES UN Women Definition of Sexual Harassment http://www.un.org/womenwatch/osagi/pdf/whatissh.pdf

“Why we need sexual harassment laws in the Caribbean?”

by Tracy Robinson. Stabroek News 21 July 2009 https://www.stabroeknews.com/2009/features/07/21/why-we-need-sexual-harassment-laws-in-the-caribbean/

IGDS and Equal Opportunity Commission Public Forum on Sexual Harassment https://www.youtube.com/playlist?list=PLwNx1cuS64Lju5QL935ltuLQbl4CMCLC3

Institute for Gender and Development Studies, St Augustine Unit, Trinidad and Tobago Prepared by Angelique V. Nixon & Sue Ann Barratt. Published February 2020.