Sexual Harassment

According to the ACT Human Rights Commission, “sexual harassment is an unwelcome sexual advance, request for sexual favours or any other unwelcome sexual conduct in circumstances in which the person who is exposed to the conduct reasonably feels offended, humiliated or intimidated”.

Under the Sex Discrimination Act 1984, sexual harassment is unlawful in various environments, including the workplace, schools, and public spaces. A sexual harassment complaint can be made to the ACT Human Rights Commission or federal human rights commission. If the harassment occurred in the workplace a complaint can also be made to the Fair Work Ombudsman. There are also internal mechanisms within the university to make a sexual harassment complaint. Note that some services are mandatory reporters.

Sexual harassment can include, but is not limited to:

• Unwelcome physical contact or touching
• Unwanted comments or jokes of a sexual nature
• Questions about a person’s intimate life
• Request for sexual favours in exchange for employment benefits
• Offensive written or verbal communications

To be sexual harassment, there must be a reasonable possibility that the person being harassed would be:

• offended
• humiliated, or
• intimidated.

The intention of the alleged harasser does not matter. Sexual harassment may also be repeated or continuous incidents, or a one-off incident.

Even if you have participated in some flirtatious behaviour or jokes, do know that you are allowed to set boundaries when you feel uncomfortable or believe things are being taken too far. If you feel pressured to tolerate or participate in these types of behaviours, it may still constitute as sexual harassment.

Sexual Assault

Sexual assault is any form of sexual activity without consent. This is a criminal offence under the Crimes Act 1900 (ACT).

The ACT has adopted affirmative consent laws. This means that consent must be freely given and communicated by word or action.

If you have been sexually assaulted, it is essential to seek medical attention to ensure your safety and wellbeing. Know that you are not alone and that there are services available to help you know your rights and the options you have.

If you feel like your safety is at risk, do not hesitate to call 000.

Image-based abuse is when someone shares, or threatens to share, an intimate image or video of a person without their consent.

Image-based abuse is not your fault and you’re not alone. You can get help by reporting image-based abuse, including ‘revenge porn’ and ‘sextortion’.

If your image or video has been leaked, or you are being threatened you can seek help from the eSafety Commissioner.

If you are outside Australia, you can seek help from Global Support services.

Taking down compromising pictures of you online

If you have or are worried that there are compromising pictures or videos of you being published online, the Digital Millennium Copyright Act Services (DMCA) (US based) can also assist you in taking those down.

Kindly see below a guide on how to stop compromising content of you from being published:

• DMCA’s guide to stop compromising pictures of you being published online
• Professional Takedown Service form
• Or conduct takedowns yourself

If you choose to conduct the process yourself here are a few important tips:

• Follow the (DMCA) Takedown process of website where you have found the pictures or video exactly, if the website has its own policy follow that.
• Do not be emotional in your description.
• Do not tell a story or give background or incident details.
• Clearly state the facts related to the photo or picture usage; it’s your picture, or you are in the picture, and you did not give permission for it to be used in this manner, or you own the copyright.

If you have questions about your situation, you may submit your takedown questions here: www.dmca.com/question. Be as detailed as possible. Include as many links as possible. Include complete details on content ownership and source.

Family Violence Orders (FVOs) and Personal Protection Orders (PPOs) are orders made by the court to prohibit someone from engaging in family violence or personal violence against you. A Workplace Protection order (WPO) may be made if the person engaging in personal violence against you in a workplace.

The definition of violence is not only limited to physical violence. It includes psychological, emotional, physical, and financial violence.

Having a Family Violence Order (FVO), Personal Protection Order (PPO), or Workplace Protection Order (WPO) issued against you is not a criminal offence. However, if you violate the terms of the order, it becomes a criminal offence.

Family Violence Orders (FVOs)

You can apply for an FVO if the person engaging in violence is a family member.

A family member is:

• A boyfriend or girlfriend, or domestic partner
• An ex-boyfriend or ex-girlfriend, or ex-domestic partner
• An intimate partner or ex-intimate partner
• A parent or relative
• A child of a domestic or ex-domestic partner

Family violence has a broad definition as is not only limited to physical harm against you. It can be a range of behaviours where there is an imbalance in power.

Family violence is:

• Physical violence or abuse
• Sexual violence or abuse
• Sexually coercive behaviour
• Emotional or psychological abuse
• Economic abuse
• Threatening behaviour
• Harming an animal
• Damaging property
• Stalking
• Depravation of liberty
• Coercion or any other behaviour that:
  • Controls or dominates the family member; and
  • Causes the family member to feel fear for the safety or wellbeing of the family member or another person;
• Behaviour that causes a child to hear or witness family violence or the effects of the behaviour

Personal Protection Orders (PPOs)

You can apply for a PPO if someone who is not a family member has committed violence against you.

Personal violence includes, but is not limited to:

• Physical abuse or violence
• Sexual abuse or violence
• Emotional or psychological abuse
• Threatening behaviour
• Behaviour that causes you to fear for your safety and wellbeing
• Stalking
• Harassment, intimidation, or any other offensive behaviour
• Damaging property

Applying for an FVO or PPO

An application for an FVO or a PPO can be lodged at the ACT Magistrates Court Registry:

• Mondays to Fridays, between 9:00 AM to 11:30 AM
• Location: ACT Magistrates Court; 4 Knowles Pl, Canberra ACT 2601
• For a copy of the forms visit: https://www.courts.act.gov.au/magistrates/forms/forms-for-protection-and-family-violence-orders

A judicial officer can make an after-hours order if there is a risk of violence and to protect a person’s safety. An interim order can be made in case of emergencies which will last until an order has been made.

If you believe or are not sure whether your experiences amount to family or personal violence. It is advisable that you seek legal advice so that you may learn more about your experiences and what you can do about it.

We recognise that navigating the emotional aftermath of sexual harassment or assault is challenging.

We have compiled a list of contacts that can offer support and additional assistance:

Legal Assistance

Other Support Services