Harassment or flirting? When the lines blur at office parties

Sexual harassment may not necessarily be increasing, but people are becoming more aware of where flirting ends and harassment begins. With office party season around the corner, alcohol, lowered inhibitions and colleagues socialising outside the usual lines drawn at the workplace can make understanding the realities of the crime even more important. Attorney Emile Myburgh said beyond laying complaints with human resources, victims also have legal options and sexual harassment can have both criminal and civil consequences. Someone who is uncomfortable about approaching police directly could first speak to a lawyer, doctor or another trusted professional, he said, while civil remedies could include seeking a harassment order. Myburgh said the law provided significant protection and, in his experience, police treated complaints seriously. The attorney said greater awareness of sexual harassment and what constitutes unacceptable behaviour could be influencing a perceived increase in its frequency. But it was also possible there were genuinely more instances of sexual harassment. “More people realise things that had happened to them when they were children, or that happened to them at work that they felt uncomfortable about, was actually not cool. That it was sexual harassment and that they can do something about it.” Touching someone without consent, invading their personal space or forcing sexual contact can constitute harassment. Women were statistically more likely to be victims, although men could also be sexually harassed. Consent is equally not permanent once given, Myburgh said. Alcohol can make matters more complicated, but Myburgh said being drunk is not an excuse for inappropriate behaviour. “Neither for the perpetrator, nor for the victim. “Taking advantage of someone whose judgment may be impaired by alcohol could place a person in dangerous legal territory,” he said. Workplaces may also create more opportunities for harassment because people spend significant amounts of time together. “It often is worse at work,” Myburgh said. “We, over time, see someone and start developing feelings. An office environment is more prone to lead to instances where sexual harassment can take place.” He said he had been involved in matters where digital communication also played a role. Sending sexually explicit photographs to a colleague is something employers take seriously. Even where an intimate image was originally shared consensually within a relationship or workplace romance, it could create problems later if the relationship sours. Myburgh said context was important when it came to physical contact, but professional boundaries should be respected. Unless a colleague was genuinely a friend, think twice before hugging them at a work or office function, he said.