LETTER: Sexual harassment can take place in many forms, including those that are annoying or irritating, or even sexual assault.
Whatever form it may appear as, evidence is of prime importance to support any allegation of sexual harassment as this would undoubtedly assist the court in seeking the truth.
Unfortunately, however, most incidents of sexual harassment occur in a private setting with no witnesses and, hence, the success of a sexual harassment suit would depend on the credibility of the evidence of the victim and that of the alleged perpetrator.
The victim must establish that the harasser's offensive sexual conduct was unwanted or unwelcome and that the victim views such conduct as offensive or threatening. In fact, unwanted or unwelcome sexual conduct is unacceptable in any society.
To establish a workplace sexual harassment case, for example, the standard of proof required is on a balance of probabilities.
The onus shall always be on the victim to prove that such acts were committed by the assailant by relying on her own evidence and other witnesses and documents.
The burden imposed on the victim is not as heavy and onerous as that required in a criminal trial for sexual offences such as rape or other forms of sexual assault that require independent corroboration.
Aside from the evidence of the victim, it is common for the court to look for additional evidence of relevant circumstances which may render it probable that the allegations of the victim are true and that it is reasonably safe to act upon it.
Hence, to make a convincing case of sexual harassment factors, such as whether the victim made a police report or lodged a complaint with the superior, eyewitnesses of the victim's reaction right after the incident, immediately relating the experience verbally or in written form to more than one person, among others, would also be considered on a case-by-case basis.
Such evidence can be obtained from a psychologist, co-workers, family members or friends whom the victim confided in regarding the sexual harassment, or a police report.
However, be mindful that keeping quiet and acting normally may sometimes be construed as consenting to the advances made by the alleged perpetrator.
In reality, however, many sexual harassment cases are never reported because aside from embarrassment, fear of ill treatment and risk of losing opportunities for career advancement, victims are unsure if their testimony would be enough to establish the allegations.
The core issue involving sexual harassment is, therefore, proving the allegation and for this, it is important that the victim, apart from her own evidence, adheres to the above mode to further strengthen her case of sexual harassment.
DR ASHGAR ALI ALI MOHAMED
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times