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Any unwanted sexual behaviour

Sexual harassment is any unwanted comment, gesture, or action that is sexual in nature (aside from unwanted touching of sexual body parts, which is sexual assault), that makes someone feel afraid, embarrassed, uncomfortable or ashamed. The intention of the person doing the action doesn’t matter, it’s the negative impact the action has that makes something sexual harassment. 

Sexual harassment can include:

Types of sexual harassment

Visual

(using gestures or body language)
  • Making rude noises or crude gestures
  • Exposing or touching genitals (including public masturbation)
  • Taking photos of a person without their consent
  • Staring, leering (looking at someone in an unpleasant sexual way)

Verbal

(using words)
  • Talking about a person’s body, clothing, sexual orientation
  • Continuing to ask for a date or sex after someone refused
  • Pressuring someone for sexual activity

Physical

(touching)
  • Following, stalking
  • Cornering, blocking, standing too close
  • Touching when it is not necessary

Reporting sexual harassment

It’s always your choice whether or not to report your experiences of sexual harassment. Even though most sexual harassment is not chargeable under the Criminal Code of Canada, you still have options if you feel that reporting is the right choice for you. 

Workplace management and/or human resources

Employers are legally obligated to have a sexual harassment policy in place and must investigate any incident of harassment or violence. Reporting to your workplace management or human resources is often a first step toward reporting to Occupational Health and Safety (OH&S) and/or the Alberta Human Rights Commission. If you are in a unionized workplace, you can also reach out for support from your union.

Occupational Health & Safety (OH&S)

If you feel your workplace is not responding adequately to your report, you may elevate it to OH&S. There is no time limit on reporting to OH&S.  

Alberta Human Rights Commission (AHRC)

You can file a complaint with the Alberta Human Rights Commission (AHRC) if you feel that your workplace, working conditions, prospects for promotions or earnings, living accommodations, or access to public services are being affected by sexual harassment. 

A complaint must be made to AHRC within one year after the alleged incident of discrimination. The one-year period starts the day after the date on which the incident occurred. 

To learn more, view the Alberta Human Rights Commission’s Sexual Harassment Info Sheet.  

Civil lawsuit (CPLEA)

Though most sexual harassment is not considered a criminal offense in Canada, you may still have the option to pursue a legal response through a civil lawsuit. In civil lawsuits, there is a lower threshold for evidence than criminal court.  

Learn more about civil law remedies and get legal help at the Centre for Public Legal Education Alberta website. 

Definitions

The improper exposure of a child to any sexual contact, activity, or behaviour. This includes all sexual touching, the invitation to touch, exhibitionism, exposure to pornography.

Forcing another individual, through violence, threats (physical or emotional), pressure, deception, guilt, to engage in sexual activities against their will.

A voluntary agreement between 2 or more people to engage in sexual activity. Consent must be clear, informed, voluntary, sober, act and person-specific, ongoing, mutual, active, and come directly from the individuals engaging in the sexual contact. It is impossible to get consent from children, though close-in-age  and peer-experimentation exceptions exist for youth ages 12-15.

A society or environment in which obtaining consent and respecting boundaries is the norm, for both sexual contact and everyday activities.

 

The advocacy of women’s rights on the basis of the equality of the sexes.

An intersectional approach to service delivery that acknowledges that the root of sexual violence is power inequality and works to reduce barriers that groups and individuals face when seeking support and volunteer or employment opportunities.

When an intimate photo or video is shared or taken without the voluntary consent (read consent definition above) of the person in the photo or video (Source: savedmonton.com)

Person-first language recognizes that a person is more than any one experience and that labels are sometimes harmful. People who have experienced sexual violence may use terms like victim or survivor to describe themselves, or they may use words like offender or perpetrator to describe the person who harmed them. Terms that resonate for one person may not fit for another person for a variety of reasons, and SACE supports a person’s right to self-determine their identity and experience. This is why at SACE, we default to person-first language such as “person who experienced sexual assault”, or “person who used abusive behavior”, unless speaking with or about an individual who has identified how they would like their experience to be talked about.

A society or environment whose prevailing social attitudes have the effect of normalizing or trivializing sexual assault and abuse.

Sex trafficking is a form of sexual exploitation. Human trafficking for the purposes of sexual exploitation is a crime and Canada has specific legislation in the Criminal Code (S. 279) and in the IRPA (Immigrant and Refugee Protection Action) (S. 117 & 118) to address all types of human trafficking (sexual exploitation, labour exploitation, organ, debt servitude) There are three elements to constitute human trafficking: Action + Means + Purpose.

Sexual abuse is most often used to refer to Child Sexual Abuse. To learn more about this, read the definition above or our section on Child Sexual Abuse.

Any form of sexual contact without voluntary consent, including unwanted: oral contact (kissing); sexual touching; oral-genital contact; and/or vaginal or anal penetration. 

Any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

Any unwanted comment, gesture, or action that is sexual in nature that makes someone feel afraid, embarrassed, uncomfortable or ashamed. The intention of the person doing the action doesn’t matter, it’s the negative impact the action has that makes something sexual harassment.

Sexual violence is an umbrella term that refers to any form of non-consensual sexual behavior, including sexual assault, sexual abuse, sexual harassment, sexual exploitation, sex trafficking, and sexual violence facilitated through technology.

Explore more topics below:

Colonialism and Sexual Violence
What is sexual assault? It's not about sex, it's about power & control.
What is Sexual Assault?
Non-Consensual Photo Sharing
Victim Blaming
What is child sexual abuse?
Age of Consent in Canada
Age of Consent in Canada
""
Consent Conversations
A magenta youth sexual assault and consent resources flyer, with a speech bubble saying "Ask first"
Consent Videos

Get Support

The Workers’ Resource Centre

helpwrc.org
403.264.8100
Info@helpwrc.org 

  • Free legal education seminars
  • Free intake & case management
  • Free independent legal advice

Alberta Civil Liberties Research Centre

aclrc.com
403.220.2505 
aclrc@ucalgary.ca 

  • Free legal education & information
  • Answers questions from survivors

Centre for Public Legal Education 

Alberta Human Rights Commission Confidential Inquiry Line 

  • Free confidential information

For information & emotional support, please call:

SACE Support & Information Line

available from 9 a.m. to 9 p.m. daily 

Alberta’s One Line for Sexual Violence

available from 9 a.m. to 9 p.m. daily 
Age. Gender. Background. Community. Ability. Orientation. It Could Happen To Anyone

Just like any other form of sexual violence, sexual harassment has the potential to be traumatizing for the people who experience it. If you are ever made to feel unsafe, unwelcome, embarrassed, or uncomfortable due to your gender or gender expression, sexual orientation, body, or sexual history, know that what has happened to you is not your fault.

Additional resources

#MomentsMatter

A province-wide campaign that celebrates Alberta leaders who are building positive and respectful workplace cultures that promote health and safety – and help stop sexual harassment.

Centre for Public Legal Education Alberta (CPLEA)

In collaboration with SACE and the Elizabeth Fry Society of Northern Alberta, CPLEA created a tip sheet on Sexual Violence in the Workplace.

Definitions

The improper exposure of a child to any sexual contact, activity, or behaviour. This includes all sexual touching, the invitation to touch, exhibitionism, exposure to pornography.

Forcing another individual, through violence, threats (physical or emotional), pressure, deception, guilt, to engage in sexual activities against their will.

A voluntary agreement between 2 or more people to engage in sexual activity. Consent must be clear, informed, voluntary, sober, act and person-specific, ongoing, mutual, active, and come directly from the individuals engaging in the sexual contact. It is impossible to get consent from children, though close-in-age  and peer-experimentation exceptions exist for youth ages 12-15.

A society or environment in which obtaining consent and respecting boundaries is the norm, for both sexual contact and everyday activities.

 

The advocacy of women’s rights on the basis of the equality of the sexes.

An intersectional approach to service delivery that acknowledges that the root of sexual violence is power inequality and works to reduce barriers that groups and individuals face when seeking support and volunteer or employment opportunities.

When an intimate photo or video is shared or taken without the voluntary consent (read consent definition above) of the person in the photo or video (Source: savedmonton.com)

Person-first language recognizes that a person is more than any one experience and that labels are sometimes harmful. People who have experienced sexual violence may use terms like victim or survivor to describe themselves, or they may use words like offender or perpetrator to describe the person who harmed them. Terms that resonate for one person may not fit for another person for a variety of reasons, and SACE supports a person’s right to self-determine their identity and experience. This is why at SACE, we default to person-first language such as “person who experienced sexual assault”, or “person who used abusive behavior”, unless speaking with or about an individual who has identified how they would like their experience to be talked about.

A society or environment whose prevailing social attitudes have the effect of normalizing or trivializing sexual assault and abuse.

Sex trafficking is a form of sexual exploitation. Human trafficking for the purposes of sexual exploitation is a crime and Canada has specific legislation in the Criminal Code (S. 279) and in the IRPA (Immigrant and Refugee Protection Action) (S. 117 & 118) to address all types of human trafficking (sexual exploitation, labour exploitation, organ, debt servitude) There are three elements to constitute human trafficking: Action + Means + Purpose.

Sexual abuse is most often used to refer to Child Sexual Abuse. To learn more about this, read the definition above or our section on Child Sexual Abuse.

Any form of sexual contact without voluntary consent, including unwanted: oral contact (kissing); sexual touching; oral-genital contact; and/or vaginal or anal penetration. 

Any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

Any unwanted comment, gesture, or action that is sexual in nature that makes someone feel afraid, embarrassed, uncomfortable or ashamed. The intention of the person doing the action doesn’t matter, it’s the negative impact the action has that makes something sexual harassment.

Sexual violence is an umbrella term that refers to any form of non-consensual sexual behavior, including sexual assault, sexual abuse, sexual harassment, sexual exploitation, sex trafficking, and sexual violence facilitated through technology.

Explore more topics below

Non-Consensual Photo Sharing
What is sexual assault? It's not about sex, it's about power & control.
What is Sexual Assault?
Sexual Violence and the Law
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