Safety and Wellbeing Sexual Harassment, Sexual Assault and Gender-based Violence What is Sexual Harassment, Sexual Assault and Gender-based Violence?

What is Sexual Harassment, Sexual Assault and Gender-based Violence?

Sexual Harassment

Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature that is done either to offend, humiliate or intimidate another person, or where it is reasonable to expect the person might feel that way.

Sexual harassment is unlawful when it falls within the relevant statutory definition under the Anti-Discrimination Act 1991 (Qld) and/or the Sex Discrimination Act 1984 (Cth). Indecent exposure and stalking are criminal behaviours.

Examples of sexual harassment include:

  • Displays of sexually graphic materials including posters, cartoons or messages left on noticeboards, desks or common areas
  • Repeated invitations to develop a closer or intimate relationship after prior refusal
  • Unwelcome and uncalled for remarks or insinuations about a person's sex or private life
  • Comments of a sexually suggestive nature about a person's appearance or body
  • Sexually offensive phone calls
  • Offensive emails and text messages of a sexual nature
  • Unwanted sexual attention using internet, social networking sites and mobile phones
  • Sexually offensive screensavers or posters
  • A publication, such as sexually offensive emails or graphics
  • Threats online of a sexual nature
  • Revenge porn
  • Sexual propositions
  • Indecent exposure
  • Stalking
  • Pressuring a student or staff member to engage in sexual behaviour for some educational or employment benefit, or
  • Making a real or perceived threat that rejecting sexual behaviour will carry a negative consequence for the student in education, accommodation, or University programme or activity.

What is not sexual harassment:

Sexual harassment is not interaction, flirtation or friendship which is mutual of consensual.

Sexual Assault

Sexual assault is any unwanted or forced sexual activity without a person's consent.

Assault occurs when a person:

  • Touches another person inappropriately without their consent – groping is a form of sexual assault
  • Forces another person against their will to commit an act of gross indecency – a sexual act that does not involve penetration, for example a person forces another person to touch their genitals
  • Forces another person to see an act of gross indecency, for example the person masturbates in front of the other person.

Rape is the most serious form of sexual assault – forcing someone to have sexual intercourse without his or her consent. Rape includes forcing someone to perform oral sex, digital penetration, and inserting any object into the vulva, vagina or anus of another person without their consent.

Domestic and Family Violence

Domestic and Family Violence means behaviour towards another person with whom there is a relevant relationship that is:

  • Physcially or sexually abusive; or
  • Emotionally or psychologically abusive; or
  • Economically abusive; or
  • Threatening; or
  • Coercive; or
  • in any other way controlling or dominating and causes fear for the person’s safety or wellbeing or that of someone else.

A ‘relevant relationship’ means:

  • a current or former intimate personal relationship; or
  • family relationship; or
  • an informal care relationship.

What is Gender-based violence?

Gender-based violence includes physical or sexual violence, abuse or harassment; emotional or psychological abuse; verbal abuse or threats; stalking or monitoring; technology-facilitated abuse; or coercive control, where such conduct is:

  • Driven by unequal gender power relations;
  • Connected to gendered expectations or stereotypes; or
  • Extended to gender identity or expression.