U.S Law
Sexual Assault: Definition
Specific laws vary by state, but sexual assault generally refers to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive. These crimes can range from sexual groping or
assault/battery, to attempted
rape. All states prohibit sexual assault, but the exact definitions of the crimes that fall within the category of sexual assault differ from state to state.
- See more at:
Sexual Assault Overview - FindLaw
Sexual Harassment Definition
- In the federal context, sexual harassment is considered to be a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Accordingly to the Equal Employment Opportunity Commission (EEOC) "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."
- There are two different types of sexual harassment claims, although the manner in which a court will distinguish between the two for purposes of deciding whether harassment has occurred has become blurred in recent years:
- Quid Pro Quo: Sexual harassment that occurs when a supervisor or one in an authority position requests sex, or a sexual relationship, in exchange for not firing or otherwise punishing the employee, or in exchange for favors, such as promotions or raises.
- Hostile Work Environment: Sexual harassment that occurs through the presence of demeaning or sexual photographs, jokes or threats. The inappropriate behavior or conduct must be so pervasive as to, as the name implies, create an intimidating and offensive work environment.
- See more at:
Sexual Harassment: What is it? - FindLaw
Australia Law
Sexual Harassment
Legal Definition of Sexual Harassment
Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated or intimidated, where a reasonable person would anticipate that reaction in the circumstances.
The Sex Discrimination Act 1984 (Cth) defines the nature and circumstances in which sexual harassment is unlawful. It is also unlawful for a person to be victimised for making, or proposing to make, a complaint of sexual harassment to the Human Rights and Equal Opportunity Commission.
Sexual harassment is a type of sex discrimination.
The
Sex Discrimination Act 1984 (Cth) makes sexual harassment unlawful in some circumstances. The Sex Discrimination Act makes it unlawful for a person to sexually harass another person in a number of areas including employment, education, the provision of goods and services and accommodation.
Examples of sexually harassing behaviour include:
- unwelcome touching;
- staring or leering;
- sexually explicit pictures or posters;
- unwanted invitations to go out on dates;
- requests for sex;
- intrusive questions about a person’s private life or body;
- unnecessary familiarity, such as deliberately brushing up against a person;
- insults or taunts based on sex;
- sexually explicit physical contact; and
- sexually explicit emails or SMS text messages.
Sexual and Indecent assault definition.
Sexual and indecent assault is a serious offence and anyone found committing an indecent act can potentially face a significant term of imprisonment. Indecent assault can include acts that some may not consider as an offence such as:
- kissing someone without their consent, or who might not be consenting;
- touching someone without their consent, or who might not be consenting.
Other types of indecent or sexual assault offences can cover more serious matters, such as rape, attempted rape, sexual intercourse without consent, aggravated sexual offences and indecency.
While there are overlaps, harassment and assault are not viewed as the same. The difference is that one is work place focused and the other isn't. A guy can give an unwanted invitation to go out on dates in a non-work environment (meaning neither the man nor women work there) such as a club, store or park and it wouldn't meet the legal definition of sexual harassment. Sexual Assault has wider reach and isn't confined to the work place. Groping would be sexual assault and it wouldn't matter if it happened in the workplace or not. A person can actually be charged for both sexual harassment and sexual assault charges.
In the 2 legal sites that I viewed. There were no mentioning of the two being the same.