Sexual Harassment

As was noted in the section on online sexual harassment, the legal definition of sexual harassment is the making of unwelcome sexual advances by an employer or a person who is in a position of power over you (e.g., a teacher or a counselor). However, the term now generally is used to describe any sort of unwelcome attention of a sexual nature, including unwanted sexual solicitations.

According to this more general definition, if someone is touching you against your will, making sexual comments or jokes at your expense, starting rumors about your sexual behavior, or even propositioning you repeatedly after you say "no," it qualifies as sexual harassment. If you've ever felt like you were being sexually harassed, you're not alone. According to a 2002 survey of 2000 students in 8th through 11th grades done by the American Association of University Women, around 80% of the teenagers reported that they had been sexually harassed by their peers. In a much larger study done in 2004 by the United States Department of Education, around 10% of the public high school students surveyed reported that they had been sexually harassed by teachers or other school employees.

If you're not in a workplace environment or the person harassing you isn't in a position of power over you, you may not have any legal recourse. However, according to Title IX of the 1972 Educational Act, even the more general definition of sexual harassment given about is illegal in schools, so school administration should respond. We suggest talking to a counselor or your principal first; if neither takes your complaint seriously, you and your parents may wish to contact the school superintendent. Remember that in a school environment the person harassing you is breaking the law, so keep complaining until someone listens to you and takes action.

If the sexual harassment is not taking place at school and does not qualify as sexual harassment in the legal sense, you still can take action. First, tell the person harassing you that you are uncomfortable with what he or she is doing and to stop. If the harassment continues, put in writing that the behavior makes you uncomfortable and you want the person to stop. Give a copy to the person harassing you and keep one yourself for documentation purposes. If the behavior still doesn't stop, start keeping track of each incident--write down what happened, where it happened, who saw or heard what happened, and what you did. While the person's behavior may not qualify legally as sexual harassment, your documentation may be usable to demonstrate that the person is instead stalking you. If so, you would be able to get an order of protection or a restraining order against that person. It's also important to note that if you are under the age of 18 and the person who is sexually harassing you is over the age of 18, he or she may be breaking additional laws in your state.

It's hard to answer all the possible questions about how to deal with sexual harassment or unwanted sexual solicitations because individual situations vary so drastically. If you like, e-mail us with information regarding your situation - the address is on the Contact Us page - and we'll do our best to help you out as much as we can.