Sexual harassment, sexual misconduct, and sexual assault are different offenses, each with distinct behaviors and degrees of seriousness. It is important to differentiate the three since they require separate responses and legal actions.
Sexual Harassment
Sexual harassment, as defined, is unwelcome behavior of a sexual nature that is uncomfortable or hostile. However, this does not always involve physical contact. It can be just as damaging. For example, a manager continually makes sexual comments or jokes that make employees feel uncomfortable. This is sexual harassment.
Sexual harassment is not only limited to employer-employee relationships. It also involves employee-employee relationships. For example, an employee sends inappropriate emails to coworkers despite being asked to stop. At the same time, these non-physical actions are, in a sense, disruptive and intimidating.
Sexual Misconduct
Sexual misconduct is a broader term that includes inappropriate behavior that is typically without the physical force that is involved in sexual assault. Sexual misconduct could include coercing someone into sending explicit images or videos or taking advantage of a power imbalance. In most cases, sexual misconduct is limited to violations of boundaries.
Sexual Assault
The most severe behaviors, including physical contact or coercion, often using force or threats, are most associated with sexual assault. For example, sexual assault is clearly defined if someone forcibly touches or rapes you.
Sexual assault consists of an act of being held down against your will and forced into sexual intercourse. This action goes beyond a workplace harassment issue to a criminal offense, whose punishment is imprisonment and fines.
