This existing law deals more with physical aspects. Sexual harassment cases are currently handled by the police and claims are made under the Penal Code, section Nevertheless, the Industrial Relations Act , may be amended to provide for action against sexual harassment perpetrators. This amendment is to curb sexual harassment. In the meantime, the Ministry of Human Resources is using its influence to encourage employers to adopt the Code of Practice against sexual harassment and an internal mechanism to prevent sexual harassment at the workplace.
This code was introduced in The Code of Practice outlines the statement of purpose, legal definition of harassment, descriptions of behaviour that constitutes harassment, how employees should handle harassment, how the company handles complaints, what kind of disciplinary action and name and phone numbers to lodge a complaint.
Majority of businesses in Malaysia do not have any form of policy against sexual harassment. It is important to be aware of sexual-harassment laws and precedents when dealing with this sensitive topic in the workplace. While some of the examples below are truly bizarre, they are representative of just how widespread, damaging and seemingly subjective some of these cases can be.
Treat every complaint of sexual harassment with respect, but make sure to hear both sides of the story before making any conclusions. This list of the top 20 sexual-harassment cases of all time chronicles the misdeeds of heavyweights to truly bizarre, lesser-known exploits. The following is some cases of sexual harassment.
Ms Shepherd was a 23 year old woman employed by Mr Tuck, who owned and managed a marine survey business. She based her complaint on a series of incidents alleged to be sexual harassment. Mr Tuck admitted he was attracted to Ms Shepherd, but said it was she who made advances to him and that she proposed a relationship.
He countered the allegations with other claims. These included Ms Shepherd introducing herself by kissing him on the neck, not voicing any objection to shared accommodation, referring to herself as a slut, and dressing scantily in his presence. On the issue of jokes, Mr Tuck said Ms Shepherd joined in the general joke-telling and humour of the office. She found the main divergence was that Mr Tuck indicated he never intended offence, and Ms Shepherd said she was offended.
The Member found that Ms Shepherd failed to prove her case to the required standard. In addition to that limitation women should be dressed a certain way so that they would not cause the attraction, which then results in problems and crisis that are unsolvable and harmful.
Women should cover every part of their bodies excluding the face and hands, and the dresses should never be tight, short, or too long to walk with. It should be a decent color and decent jewelry that does not bring noise. Same for shoes heals, for they cannot cause noise while walking. Cosmetiques are not allowed for two reasons; one is that they change the way God created the person. Secondly, they attract the other sex and cause what is not supposed to exist.
Drinking, doing drugs, and kissing, and any further action in this matter is completely forbidden. This environment absolutely safe, and does not allow any type of harassment to take place. The previous was a small set of the differences between the two societies if a person can limit them in tow. He may develop psychological and somatic symptoms that mirror those of victims of other crimes, particularly sexual assault. He reports anxiety, depression, irritability, anger, weight-loss, uncontrolled crying, fatigue and dental problems.
On professional bases they perform decreased job satisfaction, performance and a disruption in his career and relationships with his co-workers. It affects the harasser a little differently, for the harasser does not face any outcomes unless allegations against them were investigated. The harasser will also face both personal and professional reprisals for their behaviors.
He will face career related outcomes and strained relationships with coworkers. This person will not be trusted anymore, and his friends and everybody he knows will be shocked and not able to interact with this person any longer. He as well may lose his career and family. Not only does the sexual assault hurt the people involved, but it also gets beyond that to get more people harmed. The regulations people make are not convenient for either of the parents or the children.
All these reasons and consequences that some people go through will not come out healthy on any scale. Now is the punishment the right solution? Is the punishment harassers have to face enough for them to stop what they started? Punishment for sexual harassment will range from informal counseling and apology to suspension, dismissal and legal civil and criminal prosecution. The severity and frequency of the harassment will determine the extent of the punishment. Those kinds of punishments are enough fir a person to stop such a behavior.
Moreover, a person like the harasser does not have stable personality, which is why during the punishment, no matter what kind it was, he will only think about revenge. The thinking he will be making all this period of sentence will about the next victim; how he or she will look? Next step will be the same exact behavior but acted more professionally and more carefully. The society will not achieve anything from this trial or punishment that the government or justice put this person through but making this person even more eager to get his freedom completely and do whatever he desires again like he used to.
Off course there are people who learn from their mistakes, who will finish their punishment period live straight ever after. On the other had the question what about the victim and all the changes in his life?
Sometimes, when a person think about it, he finds out it is really hard for the victim to recover and live his life. He never will trust anybody, and he will always be horrified if anybody touched him or tried to be nice. It is not as easy as it seems, on the contrary it is very hard.
For the human kind were created on the base that they need each other to survive. And what this harasser does, is kill every sense of trust this person ever had.
No body has the right to do that though. Nevertheless Moslems still have to kill this person. For other religions and laws it is banned to kill anybody under any condition. Furthermore, waiting for the punishment to solve the problem, the country would not achieve any improvement towards ending this crisis.
Mostly those cases are kept in the dark and not reported for many reasons. First, most women would not report such accidents, because they were threatened when they first were forced to face the attack. They would still have the same feeling after. She would live with the feeling of getting hurt if she tells anybody. Secondly, they take into account the possibility of not proving the action on the harasser, which is when the victim would rather kill herself than live with fear of re-experiencing what she has experienced again.
And even if the trail the way the victim and her lawyer hope, what will happen next? The harasser will spend a certain amount of time getting punished and the fear will still exist, for the question then is what will he do after the punishment?
Secondly, if the place where the crime took place was a place like a school or a university, this place has a certain reputation that they most likely want to either keep or grow, but never decrease. For those peoples punishment is not the right answer all they have to think about is how to cut this unhealthy deed out completely.
They should deal with this the same way they deal with cancer either cure it by cutting it off of the body or let the ill die. There is no other solution. Curing this problem evolves around prevention.
- Sexual Harassment Today Sexual harassment is a form of sex discrimination that violates unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment.
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