CONTENTS SEXUAL HARASSMENT SEXUAL ASSAULT RESOURCES
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FINAL NOTES Q. Will I have to prove I have been sexually harassed? In any of the above legal forums, as well as in the formal stages of the Queen’s internal complaint process, it is necessary to prove that you have been a victim of sexual harassment. The main source of proof is your own testimony about what happened. Legally, this evidence is sufficient. However, it is likely that the respondent will deny the events or give them an entirely different interpretation. Unlike what happens in criminal trials, you do not have to prove "beyond a reasonable doubt." Where the decision depends on two contradictory testimonies, the rules about the credibility of each version will apply. If one is as credible as the other, then you will lose, since you have the burden of establishing sexual harassment on a balance of probabilities. It is useful, therefore, to provide additional evidence. The three main sources of additional evidence are: an eyewitness, a confidante, or someone who experienced similar conduct from the harasser. The confidante may be a friend at work or school, or someone from your family. A witness about similar facts will usually be a colleague. Evidence of emotional harm may be proved through your own testimony supplemented, where available, by oral or written testimony from your doctor. Finally, evidence of lost opportunities may be put forward and will vary from case to case. Q. Can any criminal charges be brought against a sexual harasser? Sometimes sexual harassment can escalate into a pattern of behaviour which includes unwanted physical contact, threats of violence and actual acts of violence such as sexual assault. The police can lay criminal charges against someone who assaults you, physically or sexually attacks you or threatens you. Assault means any use of force or unwanted physical contact. The police can also charge someone for "stalking" you. This is when someone follows you repeatedly and won’t leave you alone. This is also called “criminal harassment.” Criminal charges means entering an entirely different legal system to the one we have been discussing in this section. The remedies for sexual harassment can be internal to the University, as well as external through the Human Rights Commission and other bodies. The next section will look at the issues of sexual assault, criminal harassment and the Criminal Justice System.
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