Sexual harassment

Sexual harassment covers any unwanted or unwelcome sexual behaviour. Sexual harassment is sexual behaviour that can make you feel:

• ashamed
• offended
• humiliated
• intimidated
• frightened
• in pain

Sexual harassment includes if a person or group:

• makes sexual jokes, comments or gestures that are offensive or make you feel uncomfortable
• insults you sexually
• asks, emails or texts you for sexual favours
• stares at parts of your body, such as your breasts or genitals
• asks intrusive questions about your sex life
• shows or sends you pornographic or offensive material
• displays sexual material, such as posters or screensavers

It also includes a person or group:

• touching or grabbing your body in an unwanted way
• demanding you have sex with them

Sexual harassment includes indecent or sexual assault. Sexual assault is when you are forced, coerced (pressured) or tricked into doing a sexual activity, including:

• touching
• kissing
• oral sex
• penetrative sex

In Australia, sexual harassment is illegal under the Commonwealth Sex Discrimination Act 1984. This includes when you are:

• at work
• in school
• providing goods, services or accommodation

Different states and territories also have their own laws about sexual harassment. Some types of sexual harassment, such as sexual assault, are considered a criminal offence.

Sexual harassment does not include sexual activity you and a partner have both consented to.

What is consent?

Consent is when the people engaging in a sexual activity openly and freely agree to it. Before engaging in a sexual activity or behaviour, you should always ask for consent.

Sexual activities can include:

• flirting
• kissing
• touching
• having sex

If you give consent to a sexual activity, you can change your mind at any time.

If someone consents to one sexual act, that doesn't mean they consent to another.

People who are affected by drugs or alcohol can't properly give consent.

Sexual harassment can impact your mental and physical health.

Your mental health

Sexual harassment can be distressing. It can make you feel:

• ashamed
• anxious
• stressed
• powerless
• angry
• afraid

Being a victim of sexual harassment can lead to lower self-esteem and depression. In severe cases, it can cause post-traumatic stress disorder.

Your physical health

Sexual harassment can cause physical symptoms, such as:

• headaches
• backaches
• insomnia
• anxious and depression

You may also feel less productive or have trouble concentrating.

Your life

The mental and physical impact of sexual harassment can affect other parts of your life. If you experience sexual harassment, you may find that you:

• avoid work or school
• are less social
• struggle with school or work
• lose confidence or self-esteem

Do not tolerate sexual harassment. You have a right to work and live in an environment free of harassment.

Keep a record

It's a good idea to keep a record of the sexual harassment. Document everything that happens, including: 

• when it occurred
• the names of any people who saw what happened
• what you've done to try to stop it

You should also keep any evidence, such as:

• text messages
• social media comments
• emails

Tell the perpetrator to stop

If you feel safe and comfortable to, you can speak to the person who is harassing you.

You can try to resolve the situation by:

• telling the person that their behaviour is inappropriate
• asking them to stop

Reporting the sexual harassment

If you are being sexually harassed at school or work, you can speak with a close friend or a senior person, such as:

• your employer
• your manager
• your supervisor
• the human resources (HR) department at your workplace
• your teacher
• your professor

You can ask them to take action against the person who is sexually harassing you.

If the sexual harassment happens outside of school or work, you can report it to your local police station.

You can also make a written or online complaint about sexual harassment to the Human Rights Commission. 

Visit the Human Rights Commission (Opens in new tab) page for more information. 

Schools and workplaces should have a clear policy on sexual harassment. It should include a process for dealing with sexual harassment reports, to make sure that:

• reports are recorded clearly and addressed fairly
• reports are dealt with by a person with proper training
• the person making a report is not disadvantaged
• the person making a report is aware that they can also report to the Human Rights Commission or the police

The policy should also outline how a complaint is managed, and what action will be taken against a harasser.

Schools and workplaces should make sure that employees and students:

• are trained to deal with sexual harassment
• know where to find the school or organisation’s harassment policy
• know how to report sexual harassment and access support services

Visit the Fair Work Ombudsman (Opens in new tab) page for advice on sexual harassment in the workplace (Opens in new tab).

You can find more information about sexual harassment through:

• ReachOut (Opens in new tab)
• 1800RESPECT (Opens in new tab)

If you need support or want to speak to someone about sexual harassment, you can:

• visit the Headspace (Opens in new tab) website
• connect to a counsellor through Beyond Blue (Opens in new tab) on 1300 22 4636
• call 1800RESPECT (Opens in new tab) for confidential counselling services on 1800 737 732
• call Lifeline (Opens in new tab) for mental health services on 13 11 14
• visit Respect.gov.au (Opens in new tab) to find support services in your state

For more information on how to report sexual harassment, you can:

• call the Human Rights Commission (Opens in new tab) complaints information line on 1300 656 419
• email complaintsinfo@humanrights.gov.au (Opens in new tab)
• call Youth Law Australia (Opens in new tab) on 1800 953 673

The New South Wales Government (Opens in new tab) offers an easy read resource on sexual harassment and sex-based discrimination (Opens in new tab).

Languages other than English

Visit the Health Translations (Opens in new tab) page for resources in multiple languages, such as information on:

• where to get help if you are experiencing sexual harassment (Opens in new tab) 
• having a conversation with young people about sexual harassment (Opens in new tab) 
• work related sexual harassment (Opens in new tab) 

Information for Aboriginal and/or Torres Strait Islander people

13Yarn (Opens in new tab) is a free crisis support phone service run by Aboriginal and Torres Strait Islander people. It operates 24 hours a day, 7 days a week. You can call them on 13 92 76 (13 YARN).

The FullStop Australia (Opens in new tab) page provides support for sexual violence (Opens in new tab).