Any form of sexual misconduct, assault or harassment is never okay.
King’s is committed to creating a welcoming, inclusive and safe environment for all members of our community. This means protecting our students, staff and visitors both on our campuses and in our digital spaces from the following unacceptable behaviours:
- bullying
- harassment
- sexual misconduct, and
- restriction of free speech or academic freedom.
All forms of sexual harassment, misconduct and assault are contrary to the Equality Act 2010 and to King's College London's Dignity at King's - Prevention of Bullying, Harassment and Sexual Misconduct Policy
Sexual Misconduct and Harassment
Sexual Misconduct is a form of harassment and is unacceptable behaviour of a sexual nature.
It can include:
- Sexual harassment (unwanted behaviour of a sexual nature).
- Sexual violence.
- Intimate partner violence.
- Sexual assault.
- Grooming (when a person builds a relationship with another person such as a child, a vulnerable person or a person in a lesser position of power, so that they can abuse them and manipulate them into doing things)
- Coercion or bullying with sexual elements.
- Sexual invitations and demands.
- Comments.
- Non-verbal communication (body language)
- Creation of atmospheres of discomfort.
- Promised resources or advancement in exchange for sexual access.
The term ‘sexual harassment’ captures only some of the possible abuses of power that may occur. Sexual misconduct more specifically raises issues of unequal relationships, consent, and the prevention of equal access to education, opportunities and career progression.
Sexual Harassment can be defined as:
- conduct of a sexual nature that has the purpose or effect of violating someone's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment; and
- less favourable treatment related to sex or gender reassignment, that occurs because of a rejection of, or submission to, sexual conduct
Examples of Sexual Harassment and Misconduct
Sexual harassment can occur in many forms, and can take place either at work, outside work, in person, or online. While this is not an exhaustive list, examples include:
- physical conduct of a sexual nature, unwelcome physical contact or intimidation.
- persistent suggestions to meet up socially after a person has made clear that they do not welcome such suggestions.
- showing or sending offensive or pornographic material by any means (e.g. by text, video clip, email or by posting on the internet or social media).
- unwelcome sexual advances, propositions, suggestive remarks, or insults related to a person’s sex, perceived sex or gender reassignment.
- offensive comments about appearance or dress, innuendo or lewd comments.
- leering, whistling or making sexually suggestive gestures; and
- gossip and speculation about someone's sexual orientation or transgender status, including spreading malicious rumours.
Sexual assault
Sexual assault is a criminal offence and contrary to the university bullying and harassment and disciplinary procedures. A person commits sexual assault if they intentionally touch another person, the touching is sexual and the person does not consent. It involves all unwanted physical contact of a sexual nature and ranges from pinching, embracing, groping and kissing, to rape and sexual assault which involves penetration without consent.
Important to know:
- Consent is agreeing by choice and having the freedom and capacity to make that choice.
- A person is free to make a choice if nothing bad would happen to them if they said no.
- Capacity is about whether someone is physically and/or mentally able to make a choice and to understand the consequences of that choice.
Consent
Consent is the agreement by choice where the individual has both the freedom and capacity to make that choice. Consent cannot be assumed based on a previous sexual experience, or previously given consent, or from the absence of complaint, and each new sexual act requires a re-confirmation of consent as the foundation of a healthy and respectful sexual relationship. Consent may be withdrawn at any time before or during a sexual act.
Freedom to consent: for consent to be present, the individual must freely engage in a sexual act. Consent cannot be inferred from a lack of verbal or physical resistance.
Consent is not present when submission by an unwilling participant results from coercion, force, threat, intimidation or the exploitation of power. Coercion is when someone is pressured unreasonably for sex, which can include manipulation. Force includes any physical or emotional harm or threat of physical or emotional harm which would reasonably place an individual in fear of immediate or future harm, with the result that the individual is compelled to engage in a sexual act.
Capacity to consent: free consent cannot be given if the individual does not have the capacity to give consent. An individual is incapacitated when asleep, unconscious, semi-conscious or in a state of intermittent consciousness, or any other state of unawareness that a sexual act may be occurring. Incapacitation may occur on account of a mental or developmental disability, or as the result of alcohol or drug use.
If you think you have been the target of sexual misconduct, assault or harassment, it may be hard to know what to do or how to feel. What happened was not your fault. What you do next is your choice.