Info Hub

 

Types of Behaviour

Sexual Harassment

Sexual Harassment is defined under the Employment Equality Acts 1998 – 2015 and The Non-Fatal Offences Against the Person Act 1997 including the Criminal Justice (Miscellaneous Provisions) Act 2023. It includes any act of physical intimacy, request for sexual favours, other act or conduct including spoken words, gestures or the production, display or circulation of written words, picture or other material that is unwelcome, violates a person’s dignity and could reasonably be regarded as sexually offensive, humiliating or intimidating or causing fear. A single incident can constitute sexual harassment.

 

The following are examples of behaviours associated with sexual harassment: (non-exhaustive list)

•     Physical contact such as unnecessary touching, patting, pinching or brushing against another body.

•     Making unwanted remarks of a sexual nature, either directly, third party, or via email, text, internet or social media apps.

• Sexual advances, propositions or pressure for sexual activity, continued suggestions for social activity that are unwelcome, unwanted or offensive, flirtations, suggestive remarks, innuendos or lewd comments.
• The display of pornographic or sexually or gender based suggestive, offensive or explicit pictures or videos, objects, written materials including posters, emails, slogans, clothing, text-messages, social media messaging or apps including the production of deep fakes or AI.
• Leering, whistling or making sexually suggestive gestures.
• Conduct that denigrates or ridicules or is intimidatory or physically abusive of a person because of their gender or sex. 

To constitute harassment/sexual harassment the behaviour complained of must firstly be unwelcome. It is up to each employee/student/other (e.g. visitor or sub-contractor) to decide

(a) what behaviour is unwelcome, irrespective of the attitude of others to the matter and 

(b) from whom such behaviour is unwelcome, irrespective of the attitudes of others to the matter. 

 

Sexual Violence

Sexual Violence is defined under the Criminal Law (Sexual Offences) Act 2017, The Non-Fatal Offences Against the Person Act 1997 and the Criminal Justice (Miscellaneous Provisions) Act 2023 ( non-fatal strangulation and stalking) and covers a broad range of inappropriate and unwanted behaviours of a sexual nature. Sexual violence can be committed by a person of any gender, and it can occur between people of the same or different genders. It is often gender targeted and perpetrated to demean, diminish, intimidate and instil fear. Sexual violence may occur between strangers or acquaintances, including people involved, or formerly involved, in an intimate or sexual relationship.

The following are examples of behaviours associated with sexual violence (non-exhaustive list)

• Any behaviour of a sexual nature that is committed without informed, affirmative, freely given consent.

• All forms of sexual violence including attempting to engage in sexual intercourse (rape) or engaging in a sexual act (sexual assault) without consent.

• Touching inappropriately through clothes without consent.

• Grooming, gaslighting, psychological or emotional abuse.

• Controlling, coercive and threatening behaviour including all or some forms of domestic abuse (sexual, emotional, physical, psychological, financial) including threats by a partner or ex-partner.

• Non-consensual taking and/or unsolicited sharing of intimate images and/or sexual materials (photos, videos, recordings) of another person(s) or threatening to share.

• Verbal or physical harassment in a sexual context.

• Creating, accessing, viewing or distributing child abuse material online or offline.

• Creating, accessing, sharing, storing or distributing deep fakes, AI or nudify app productions.

• Stalking behaviours online or in person.

• Misuse of power, by academic or professional staff towards students or more junior levels of employee or misuse of power in a relationship between students or employees who have unequal institutional power.

• Predicating inclusion or access to work or study opportunities or other advantages on participation in interactions of a sexual nature.

• A promise of resources, access to education, opportunities and career progression in exchange for sexual activity.

 

Gender Based Violence

Gender-based violence against women is violence that is directed against a woman because she is a woman or that affects women disproportionately( (Article 3, Istanbul convention) It applies to all incidents where gender is the basis for sexual violence, violence and harassment. LGBT+ people (lesbian, gay, bisexual, transgender and other people who do not fit the heterosexual norm or traditional gender binary categories) are also subjected to violence which is based on their factual or perceived sexual orientation, and/or gender identity.Women of colour and those from other minority groups are also more likely to experience sexual violence. Men can also be targeted with gender-based violence.

Non-Fatal Offences Against the Person Act, 1997 

Stalking

Stalking is a pattern of fixated, obsessive, unwanted and repeated behaviour that causes distress or fear. Stalking can happen with or without a fear of violence. Stalking can be perpetrated by anyone, including intimate partners or ex-intimate partners, someone who wishes to be an intimate partner, family members, acquaintances, work colleagues, classmates and strangers. Stalking is now a crime under the Criminal Justice (Miscellaneous Provisions) Act 2023.

Examples of stalking behaviour:

• Persistent and repeated following, watching, monitoring, tracking or spying either online or in person.
• Repeated requests for engagement in sexual or intimate behaviour.
• Threats of harm to a person or to self if person doesn’t oblige or engage.
• Threats of harm to or destruction of reputation.
• Impersonating a person online or in person.
• Disclosure of private information to other people without permission.
• Loitering near a person’s home, work and social environments.
• Interference with email, phone communications or online activity.
• Breaching a court order that prohibits communication.

If you think that you are being stalked, please contact our  Sexual Violence Prevention and Response Manager at TU Dublin Catherine Bolger 0873415507 or consent@tudublin.ie and you can also  take our stalking assessment - 'Am I being stalked?' which will provide you with more information. In an emergency please call 999 or 112. 

Online Sexual Violence

In Ireland the Harassment, Harmful Communications and Related Offences Act 2020, also known as Coco's law is an act dealing with non-Consensual Distribution of Intimate Images, and cyberbullying. This law makes it illegal to distribute, publish or threaten to distribute or publish an intimate image/video without consent with intent to cause harm or being reckless as to whether harm is caused and all grossly offensive and/or threatening communication about or to another person.

It also includes:

• Cyberstalking - repeated and deliberate use of internet and/or social media sites to engage in persistent, unwanted communication intended to frighten, intimidate or harass someone or spy on them.
• Image Based Sexual Abuse – recording, sharing or saving sexual or intimate photos or videos without the person’s consent.
• Deep fakes, AI and Nudify app production of images and/or videos without knowledge or consent.
• Upskirting – filming or photographing under a person’s clothes without their permission.
• Sextortion - Sextortion is a form of cyber extortion involving a threat or blackmail of having intimate information, images or clips shared without consent.  The threat or blackmail may be to get the victim to do or refrain from doing something, or the threat or blackmail may be purely for money or financial gain. It occurs in a number of ways:
• During a relationship or where a relationship has broken down – either partner can be the victim
• During online activity, sharing intimate images with another online partner, either strangers or people known to you
• Sharing of images on messaging apps
• Juveniles involved in the sharing of intimate images, in addition to being open to potential sextortion and online bullying, the sharing of any intimate image of a juvenile is Child Sexual Abuse Material. 

Non-fatal Strangulation or Non-fatal Suffocation

The Criminal Justice (Miscellaneous Provisions) Act 2023, added to the Non -fatal Offences against the Person’s Act 1997 to make these official charges. The amendment makes it illegal to Intentionally or recklessly strangle or suffocate someone, or impede their breathing, also now a serious harm offense if non-fatal strangulation/suffocation causes serious harm.

Criminal Justice (Hate Offences) Act 2024

The Act sets out a number of new offences. These are more serious versions of existing offences where the person committing the crime is motivated by hatred or demonstrates hatred because of a person’s:

• Race
• Colour
• Nationality
• Religion
• National or ethnic origin
• Descent
• Gender
• Sex characteristics
• Sexual orientation
• Disability

Crimes which are hate crimes when hatred is proven include:

• Damaging property
• Threatening, abusive or insulting behaviour in a public place
• Assault
• Assault causing harm or serious harm
• Harassment

The Sexual Violence Prevention and Response Manager at TU Dublin Catherine Bolger 0873415570 or consent@tudublin.ie is the First point of Contact for any incidents.

 

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