What Is Workplace Harassment?

Sexual harassment refers to verbal actions with sexual cues. For the target of harassment, it is usually the victim's body that touches the victim's gender characteristics, hindering the victim's freedom of behavior and triggering the victim's resistance. ^{[1] There} is no uniform definition of sexual harassment manifestations.

sexual harassment

Sexual harassment refers to verbal actions with sexual cues. For the target of harassment, it is usually the victim's body that touches the victim's gender characteristics, hindering the victim's freedom of behavior and triggering the victim's resistance. ^[1]

Sexual harassment is "a problem with a long history but a short history". With the awakening and increasing awareness of women's rights and the struggle of feminists, it gradually emerged from the moral category into a Legal concept. At present, there is no uniform definition of sexual harassment in the world.The term sexual harassment here refers to sexually-meaningful, unwelcome actions, gestures, language, and graphic displays that lead to serious consequences in addition to sexual violence such as rape . The essence of sexual harassment is a violation of the sexual autonomy of the victim. With the improvement of the education level of our citizens and the increasing awareness of law, more and more people choose to take up legal weapons to safeguard their rights to this problem of "shyness". In July 2001, Ms. Tong from Xi'an filed a lawsuit with the Xi'an Lianhu District Court, accusing her superiors of sexually harassing her. It is worth mentioning that this is the first sexual harassment case in China. Due to lack of evidence, the court finally ruled that Ms. Tong lost the case. Since then, cases of sexual harassment have continued to emerge, but most of them ended with the plaintiff's defeat. Difficulty in filing a case, difficulty in obtaining evidence, and difficulty in compensating are the three major characteristics of sexual harassment cases. The reason why these three characteristics appear is related to the characteristics of sexual harassment itself. Of course, it is also related to the lagging of China's legislation in this regard. The legal term "sexual harassment" was first mentioned in the revised "Women's Rights Protection Law" in 2005, and it is an understatement of how to combat sexual harassment. In 2012, the "Special Provisions on Labor Protection for Female Employees" finally saw that "employees should prevent and Stop Sexual Harassment of Female Workers ". But sexual harassment because it also does not address sexual harassment is just "watching the moon in the water." However, it is undeniable that China's anti-sexual harassment law is gradually developing. This article is divided into five parts. The first part is the analysis of the etymology of sexual harassment and the expansion of the concept of sexual harassment. It is concluded that sexual harassment is the essence of tort. The second part is the analysis of the elements of sexual harassment. The third part is an analysis of China's existing anti-sexual harassment laws and points out its shortcomings. The fourth part is an introduction to anti-sexual harassment legislation in some countries and regions outside the region and summarizes several experiences. In the fifth part, the author proposes Suggestions to improve China's anti-sexual harassment legislation. ^[3]

The manifestations of sexual harassment are as follows:

1. Oral methods: such as teasing each other in the following fluent languages, telling them about their personal sexual experiences, pornographic jokes or pornographic content;

2. Mode of action: intentionally touch, bump, kiss each other's face, breasts, legs, hips, genitals and other sexually sensitive parts;

3. Setting up the environment: Put obscene pictures and advertisements around the workplace to make the other party feel embarrassed. ^[1]

Compensatory sexual harassment: Most sexual harassers belong to this type of male / female. Impulsiveness caused by long-term sexual deprivation or sexual hunger will inevitably make him or her offensive against women / males. Most of these people's harassment behaviors are caused by different degrees of loss. The purpose of harassment is not so much to occupy a woman as to take advantage.

Game-type sexual harassment: Most are men / women with sexual experience, understand the weaknesses of women, treat women / men as playthings, and treat women / men with rudeness and disrespect for intentional game mentality. This type of male / female is usually a "prey master" or a playboy / lady. The purpose of the harassment is half to hunt for wonders, and also to prove his "potential" and "genius" of his male / female.

Power-based sexual harassment: Occurs mostly from bosses to employees or supervisors to subordinates. Most of the harassers are better educated. Although they are more out of game mentality when they are harassed, they are advanced and polite than the average player. Most of these harassers regard women / men as "consumer goods", and because of obvious interests, he even thinks that women / men like the harassment and regard it as their "patent".

Aggressive sexual harassment: This type of male / woman had a history of unpleasant relationships with women in their early years. They had a greater sense of hatred and hatred towards women / men and regarded women / men as lower animals or enemies. His / her harassment is intentionally harmful or offensive. The harasser sometimes does not want to possess the woman / man, but merely satisfies and balances his contempt and hatred for the woman / man.

Pathological sexual harassment: This is sexual harassment with obvious pathological manifestations, such as so-called voyeurism and vulgarism. This type of male / female harassment is mostly true sexual dysfunction. The harassment itself can bring him strong sexual impulses and sexual fantasies, but it cannot "cure" him, but will deepen his illness. ^[4]

Only women are sexually harassed

According to general figures, most victims are women, but in fact men also suffer sexual harassment, but the number is generally low, which may be based on the following reasons: Men's identification of sexual harassment is narrower than that of women. That is to say, most men have a greater tolerance when it comes to defining whether they have been sexually harassed, or they are largely unconcerned. For example: if someone is patted on the back, women are more sensitive to this behavior than men; if they are sexually harassed by women, most men are unwilling to tell the outside world. They worry that nobody may believe it. The self-esteem of men has made them reluctant to tell others. Their sexual harassment by women may be interpreted as cowardly, and it also shows their fragile side.

Only young, good-looking people are sexually harassed

Whoever, regardless of his gender, age, appearance, characteristics, or background, is likely to be sexually harassed. And women's sexy clothes should not be used as an excuse for sexual harassment.

Linguistic sexual harassment is more common than physical sexual harassment

In fact, verbal sexual harassment is more common, such as erotic jokes. Many people think that some sexually conscious speech or joke is a kind of praise to the other party, but the question is whether the other party's feeling is praise or insult. ^[5]

Analysis of psychological harassment

The emergence of sexual harassment psychology has a lot to do with the abnormal psychological desire of people. Sexual desire, or sexual desire, is one of the most important psychological factors in human sexual awareness activities. It constitutes the driving force of human sexual behavior. Sexual desire does not necessarily lead to sexual harassment or sexual crime. Only when sexual desire is satisfied through normal channels will it not lead to a violation of social moral norms and social norms and lead to an evil path. Human sexual needs are driven by sexual consciousness, and sexual consciousness becoming the intermediary of sexual behavior is the motive of sexual activity. Sexual motivation motivates the parties to take action and enables people to choose sexual orientation and sexual objects in order to obtain the satisfaction of sexual desire. The stronger and more urgent the sexual needs, the more stable and powerful the sexual motivation caused by it. But human sexual consciousness determines the direction of human sexual impulses. A person with unhealthy sexual consciousness will inevitably decide the direction of their sexual impulses to develop on the evil path, and cannot restrain their sexual impulses with their own sexual ideas and morals. If people do not have this self-restraint, and there is no normal way to satisfy sexual impulses, they will be converted into sexual harassment, sexual transgression, or sexual crimes by other factors.

In addition, people's sexual depression can also make people feel sexual harassment. People who have not been able to release a reasonable and normal vent for a long time will vent their accumulate in a distorted form. ^[4]

Chinese laws and regulations

China's legal application of "sexual harassment" is scattered in laws and regulations. As stipulated in Article 38 of the Constitution, the personal dignity of citizens of the People's Republic of China is inviolable, and any method of insulting or slandering citizens is prohibited. Articles 101 and 120 of the General Principles of the Civil Law provide that citizens enjoy

Stigma

Sexual harassment affects and restricts the life of the victim, damages her image, self-esteem and self-confidence. Personal dignity is the guard of self-worth, self-confidence is the manifestation of self-worth. If a woman is repeatedly sexually harassed, she will easily doubt her worth. People always defend their noble and good things. If you don't consider yourself noble, how can you defend yourself? The stigma of sexual harassment damages a woman's self-esteem and self-confidence often confuses her own standards of value. Makes her feel shameless.

Sense of fear

Due to physical differences and cultural influences, many women originally have an inexplicable fear of men. The occurrence of sexual harassment will increase her disgust and fear, making her live in fear, doubt and depression, coupled with the endowment of imagination. Unpleasant imagination is likely to cause her to suffer from "male phobia", which seriously affects her perception of the overall male.

autistic

Some girls are trapped in the habitual fear of being bitten by snakes and being afraid of well ropes for ten years because of the painful memories of sexual harassment. They have consciously closed off themselves, refused to associate with men, refused to love and get married, and became pessimistic. Tired of being a victim of sexual harassment.

Blind dependence

Because of timidity and fear, women who are sexually harassed are likely to develop blind dependence and subconsciously want to be protected by a man. This kind of over-expecting for security and insecurity made her prone to marriage errors that were "eager for success" or "quick decision". Once married, he found that the man he had entrusted to him was no better than the sexual harasser. Even after the man got her, he would stab her again with the pain she used to have. ^[4]

Tips: Youths should be educated to respect each other, not to be too frivolous, to avoid walking alone at night or to be alone in unsafe places, do not eat drinks from strangers, do not go outside to drink (in case you need to drink at home) .. ...., reduce the risk factor, which can protect yourself.

1. Dress normally at work. Do not wear fancy clothes or overly exposed clothing. If work is required, insurance underwear must be worn.

2. When encountering the leader of the unit's pervert, you should stay away or choose to leave your job; or expose the behavior of the leader.

3 When encountering an accident with a unit, telling a yellow joke to yourself, you should sniff, explicitly refuse and inform the other party of your feelings; if repeated violations, inform the superior leader.

4 If you are tired during work hours, you can go to the bathroom or walk away. Avoid sleeping alone on your desk. If you fall asleep and get hit by a satyr colleague or boss, it will inevitably happen. ^[8]

5. If you enter the office of a male boss alone, you should keep the door open and be generous and natural. If your boss signals you to close the door, you should cover the door and try not to lock it.

6. If you are attacked by a satyr colleague or boss, such as suddenly embracing, your body should remain stiff and struggling, resisting from beginning to end, and hitting surrounding objects with your hands and feet, such as ashtrays, lamps, tables and chairs, etc. At the same time loud language warnings and threats.

7. Parents or teachers should educate their children from an early age, know how to protect themselves, and do not do things that infringe on others; at the same time, provide sex education to children and adolescents in a professional manner.

Life articles

1. Always remember, do nt trust anyone easily. Most good people are good for you with purpose. Do nt be deceived by the appearance of the other person. No senior liar or pervert will be on the face. The ones who write the labels, who are really unselfish to you, are probably only relatives.

2. Be wary of strangers or unfamiliar food, beverages, cigarettes, etc. These things are likely to be mixed with medicines. Once they are prescribed drugs and let them fall asleep, the consequences are unthinkable. At the same time, pay attention to public places, such as bars, KTV and other places, if you leave and come back halfway, please do nt eat any food or drink on the table; if you accidentally get medicine,

3 Many women have been sexually harassed by perverts on buses and subways. In such cases, they should be reprimanded loudly and must not be tolerated. ^[9]

(Note: For more precautionary measures, such as Wine Table and Site, you can continue to refer to the reference materials: ^[6] )

How do men cope with sexual harassment?

According to the China White Collar Private Life Survey, more than half of the millions of white-collar workers between the ages of 25 and 35 admitted that they had experienced harassment of varying degrees, including language provocations, compulsive sex, and touching the body. ^[10]

In such cases, you should rebuke loudly, and do not tolerate. For example, women in the office or in the men's pile, misbehaving, sitting or sitting, standing or standing, or showing off, making a series of moves, expanding their chests and cheating for a while, bending over and revealing their buttocks, exaggerating and provocative Eyeball, etc., promptly report the danger.

No man or woman should be harassed or harassed. Appearance is not a benchmark for a person's conduct. Gender is not an umbrella for men to avoid sexual harassment. If you have been harassed or are being harassed, be brave and fight back against him / her. You have to remember that it's not your fault, it's his / her.

Protection by law: There is currently no special "law" to protect male victims. Experts believe that men can counteract sexual harassment by looking for corresponding provisions in the Constitution, Civil Law or other relevant laws, which can be used to fight back against sexual harassment without infringement of "personal rights".