Why Single Out Sexual Harassment?
December 2, 2009 at 6:10 pm Leave a comment
As this is something that has been rolling around in my head, I wanted to explore the idea here. Why do we need to include all these protected classes if bullying and harassment is already prohibited? Why single out sexual harassment as important if harassment itself is already wrong?
It is not an easy question to answer. However, U.S. society demonizes sexuality to become a weapon. Girls are regularly called “sluts” for things that have nothing to do with their sexuality, such as wearing the “wrong” clothing, hanging out with the “wrong” people, or generally being either the object of envy or scorn.
As such, there is a distinct difference between generally bullying, and bullying that focuses on the characteristics of an individual. Specifically, focusing on the sex and gender and sexual orientation (actual or assumed) of an individual creates a different focus of the harassment than other forms of non-specific discrimination and behavior.
In this Article (PDF) called Bullying or Sexual Harassment, Stein suggests that schools may be labeling behavior as bullying to both avoid labeling it as racism, sexism, or discrimination, and also to perhaps deflect from their legal liabilities.
In addition, the article raises the possibility that by labeling actions as “bullying,” (and, in some cases, by labeling them as sexual harassment), schools can minimize the idea that the actions could be considered criminal.
The New York City Alliance Against Sexual Assault has definitions of sexual assault and consent on their website. Many items are often seen in schools, and often they are overlooked, not considered serious, or are placed in the ever-popular “boys will be boys” category. An example:
“Forcible Touching: the intentional and forcible touching of another
* done for the purpose of degrading or abusing another person or done for the purpose of gratifying the defendant’s sexual desire
* includes squeezing, grabbing, or pinching
I hear many stories of students in high school that are subjected to grabbing and pinching. Many do not realize that this behavior is considered sexual harassment, and still fewer understand that this is criminal behavior. While we may differ on what we believe is an appropriate reaction or punishment for harassment, criminal sexual assault is something that, outside of school, is dealt with legally.
In addition, the failure of the school administration (or, in the workplace, workplace supervisors) to respond to sexual harassment, including “forcible touching” and other sexual assaults, is in itself illegal and is a cause for a legal case.
When sexual harassment is so pervasive that 90% of students report it, and 52% say they have experienced unwanted physical contact (Source from Feministing Here), something needs to change.
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