Everyone Plays a Role in Supporting Victims of Sexual Harassment

By: Anne-Marie Langan*

Recent statistics gathered by Statistic Canada’s Centre for Gender, Diversity and Inclusion reflect that “nearly 1 in 2 women and roughly 3 in 10 men report ever experiencing harassment or sexual assault in the workplace.”[1] There are many barriers to reporting a crime like sexual assault and workplace sexual harassment including lack of knowledge and understanding of the laws and policies, thoughts, beliefs, and affective responses of those around them, fear of retaliation and power imbalances[2].

It is not surprising, therefore, that these incidents are underreported. Fourty one percent of those who reported workplace harassment received no response and the majority of those who did were disappointed with the response they received.[3] Similarly, very few victims report sexual assault to police (approximately 5% of victims) and one in five of the reported cases were coded as the equivalent of “unfounded” and no further steps are taken to investigate.[4] With employers and police officers alike many victims “were faced with insensitivity, blaming questions, lack of investigation, and lack of of follow-up” which exacerbated their distress.[5]

This begs the question: what can be done to encourage and support those who experience sexual assault and harassment to report it and seek support rather than suffer in silence?

Studies have found that most survivors of sexual assault and harassment would prefer to report it to a trusted person with whom they have already established an emotional connection, such as a friend or family member.[6] Another important consideration is whether the disclosure will be kept confidential.[7] Survivors may also be reticent to report if the type of behaviour they experienced is normalized in the workplace.[8] As noted by Holland and Cortina, “The cultural acceptance of non-penetrative violence against women acts as a powerful deterrent to formal help-seeking. Girls and women describe experiences of sexual harassment, coercion, and violence as commonplace in their interactions with boys and men”[9] Finally, when a report is made and not taken seriously and deemed baseless by employer and police, this can have a devastating emotion impact on the victim and dissuade them from ever making a report to authorities again[10].

Conversely, having a source of emotional support while reporting the incident and the ensuing investigation has been found to have a very beneficial impact on survivors.[11] The study done by Wright et al., in which they provided sexual assault providers with a support person through and following their sexual assault examination, found that:

“Participants who received validation and support from either family or advocacy following their SA exams showed resilience through their healing process and began to gain perspective about their SA experiences. Even though these participants each faced invalidation or lack of support from either informal or formal sources at some point in their process, having some effective support helped counteract the other negative experiences. Because of their positive support experiences of feeling validated and believed, this group of participants described their desire to help others who experience SA”[12]

The results of these studies of participants’ experiences in reporting suggest that employers and police forces who are serious about supporting survivors of sexual assault and harassment should consider the following:

a) Providing training to those responding to the incidents regarding the behaviours that constitute sexual harassment and how these impact the victim and the community/ workplace at large.

b) Provide training to all employees and community members regarding the importance of supporting those in our lives who have had these experiences.

c) Having sources of support for victims throughout the process of reporting, investigating, and following up to ensure that they have a positive experience that supports their healing rather than exacerbates their distress.

[1] Government of Canada, S. C. (2024a, February 12). Gender results framework: A new data table on Workplace Harassment. The Daily at p.1. https://www150.statcan.gc.ca/n1/daily-quotidien/240212/dq240212a-eng.htm

[2] Holland KJ, Cortina LM. “It Happens to Girls All the Time”: Examining Sexual Assault Survivors’ Reasons for Not Using Campus Supports. Am J Community Psychol. 2017 Mar;59(1-2):50-64 at p.52. doi: 10.1002/ajcp.12126. Epub 2017 Mar 6. PMID: 28262981. (“Holland & Cortina”)

[3] Employment and Social Development Canada. (2017). Harassment and sexual violence in the workplace. Canada.ca. https://www.canada.ca/content/dam/canada/employment-social-development/services/health-safety/reports/workplace-harassment-sexual-violence-EN.pdf

[4] Murphy-Oikonen, J., McQueen, K., Miller, A., Chambers, L., & Hiebert, A. (2022). Unfounded Sexual Assault: Women’s Experiences of Not Being Believed by the Police. Journal of interpersonal violence, 37(11-12), NP8916–NP8940. https://doi.org/10.1177/0886260520978190 (Murphy-Oikonen et al.)

[5] Ibid at NP 8932.

[6] Holland & Cortina, Supra, note 2.

[7] Ibid.

[8] Ibid.

[9] Ibid. pg. 61.

[10] Murphy-Oikonen et al. Supra note 4.

[11 ] Wright, E. N., Miyamoto, S., & Anderson, J. (2024). “Having One Person Tell Me I Didn’t Do the Wrong Thing”: The Impact of Support on the Post-Sexual Assault Exam Experience. Violence against women, 30(10), 2721–2742. https://doi.org/10.1177/10778012231156153 (Wright et al.)

[12] Ibid pg. 2728-2729.

*Anne-Marie Langan B.A., B.S.W., LL.B., LL.M. is the project lead for the sexual violence projects at Peterborough Community Legal Centre, including the SHAPE project, which provides legal advice and education for those experiencing sexual harassment in the workplace and the Your Way Forward project which provides support for those who have experienced intimate partner sexual violence. These projects are sponsored by the government of Canada’s Justice Department and Legal Aid Ontario. She can be reached directly at anne-marie.langan@ptbo-nogo.clcj.ca .

Disclaimer: This post contains general legal information as of October 28, 2024, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.