Definitions

Sexual misconduct is a complex area with multiple definitions which are covered in this chapter.

Sexual misconduct

For the purposes of this session, sexual misconduct is uninvited, unwelcome or non-consensual behaviour of a sexual nature.

It is an umbrella term used to include sexual harassment (Equality Act, 2010) and sexual violence (Sexual Offences Act, 2003) which are explained more below.

Sexual misconduct is behaviour that can be interpreted by a person as sexual and which offends, embarrasses, harms, humiliates or intimidates them or a group of people.

Sexual misconduct can be:

physical
verbal
visual

Sexual misconduct can be committed in different ways, such as:

in person
through an email
through a phone message
through social media

Sexual misconduct can happen outside of the workplace such as at learning and social events.

If the reason you have contact with the person is through work, it is still a workplace matter.

All employees and learners are strongly encouraged to report any instances of sexual misconduct. We recognise this may be difficult for some people so please seek support if you feel you need it when making a formal report to us. You can find more information on the support available to you within this session. You can also find this in your XL Team's sexual misconduct policy.

In the XL Team, sexual misconduct may be perpetrated or experienced by employees, learners, patients, visitors or suppliers.

Sexual harassement

Sexual harassment is legally defined as unwanted behaviour of a sexual nature. It includes verbal, non-verbal and/or physical acts and is any conduct which could:

be of a sexual nature
be unwanted
have the purpose or effect of violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for a person

Examples of sexual harassment in the workplace can include:

sexual language, comments or jokes
displaying or sharing sexually graphic pictures, posters or photos
suggestive looks, staring or leering
touching someone against their will, for example hugging them

It also includes treating someone less favourably because they have submitted to (such as willingly engaged in or coerced into) or rejected (for example they have turned down someone's advances) sexual harassment in the past.

One incident is enough to be an act of sexual harassment.

Someone may experience sexual harassment even if they are not the intended victim (for example, being a witness to it).

Sexual harassment isn't 'just banter'.

What some people might consider as joking or banter, or part of workplace culture, can be considered to be sexual harassment.

There are common myths about sexual harassment that let unacceptable behaviour and culture persist in the workplace, such as:

Sexual harassment may not always be immediately obvious to those involved and those affected may only realise after the incident has taken place.

The law is clear that sexual harassment can be both about the intent of the behaviour, and the impact the behaviour has on the victim-survivor and/or witness(es).

Sexual assault and sexual violence

Some forms of sexual misconduct are also criminal offences including, but not limited to:

sexual assault (or attempted sexual assault)
rape
stalking
disclosing, or threatening to disclose, private sexual images to cause distress
exposure and voyeurism (including upskirting)

The criminal offence of sexual assault is where one person intentionally touches another person sexually without their consent.

Sexual violence can be more broadly considered to include sexual acts that a person did not consent to, both verbal and physical.

Sexual violence includes:

sexual coercion from social pressure, intimidation, and physical force
rape (an assault involving penetration of the vagina, anus, or mouth by a penis)
other types of sexual assault which might include child sexual abuse or the torture of a person in a sexual manner

Trauma and being trauma-informed

Trauma is an event that combines fear, horror and/or terror with an actual or perceived loss of control. It can often be a life-changing event with negative and sometimes lifelong consequences.

Being trauma-informed means understanding that exposure to trauma can affect a person's neurological, biological, psychological, and social development.

The definition of trauma-informed is:

understanding how trauma can affect individuals, groups, and communities
recognising the signs, symptoms, and widespread impact of trauma

Read more about trauma-informed practices.

You have reached the end of this chapter on definitions and understanding what sexual misconduct is. Please remember there are support organisations and services available to you if any of this content has been upsetting.

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