Consent in Sexual Harassment
Consent in Sexual Harassment

Consent in Sexual Harassment

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  • Pages: 3 (1104 words)
  • Published: November 21, 2021
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Introduction

For the law, consent is the most paramount issue in sexual ethics. In the course of history, various consensual sexual conducts like adultery, homosexuality and fornication have been forbidden (Chamallas, 2012). In like manner, several forced sexual experiences like sexual harassment and prostitution are illegal too. In this essay am discussing consent in sexual conducts and what is considered sexual harassment and what is not, in legal matters.

Sexual Analysis

Sexual analysis refers to any unwelcome conduct whether physical or verbal which is convincing in nature and may impact negatively on a person’s life at the workplace or risk their employment. Unwelcome conduct is considered to be sexual harassment. If a person is denied promotion, demoted or poorly evaluated because they turned down a sexual encounter that is regarded as sexual harassment (Magley, et al., 2013). Sexual harassment is of two types;

  • The hostile sexual harassment: This kind of harassment exists when a comrade makes sexual advances that are severe to the extent of making the other worker uncomfortable. In most cases, the employee may be unable to carry out his or her responsibilities at work due to sexual harassment (Magley, et al., 2013).
  • The quid pro quo harassment: This happens when an employer or a manager coerces a staff member for sex and in return, promises to promote them or give them other favors in the workplace
    Sexual Inti

    ...

    macy and Consent

Sexual intimacy is ethically satisfactory in any relationship including able, consenting grown-ups. It is counter-intuitive to depend on a particular idea while considering the ethical issues of sex(Dank & Refinetti, 2012). While considering the moral establishments upon which sexual intimacy dwells: the prosperity of all concerned and the meeting of important human needs should be highly considered as they are the essential concerns while the biggest threat to a legitimate thought of sexual ethical concerns are the societal standards that in any culture. Previous research points out that sex contributes to the improvement of individual’s physical health. However, some sexual acts are considered illegal and unethical due to lack of consent. The enthusiastic agreement is usually the focus of unrestrained sexual ethics rather than marriage. Ethics emphasize that all partakers consent to any sexual conducts (Dank & Refinetti, 2012). Additionally, sexual ethics puts into considerations whether an individual is capable of consenting and the type of behaviors they can consent to. Persons under the age of sixteen are not considered by the law to have capabilities of consenting to sexual advances

Ethics in Sexual Consent

Consent is the difference between romance and sexual assault. As it happens, consent is a fundamental element of relations between human beings and allows for various behaviors that would else be regarded as illegal such as sexual harassment. In any case, if a person is discovered to have consented to any conducts that they complain to be uncomfortable, the conducts cannot be referred to as sexual harassment.

Factors Influencing the Legitimacy of Individuals Consent:

  • Capability: In the first place, the person must be legally capable of consenting to a certain conduct. This implies that th
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person must be of legal age and must have clearly comprehended the nature of the behavior they are consenting to. This requirement can be subjective to various factors, like mental soundness or making of hasty decisions due to the influence of alcohol or any other drugs. If an inebriated person fails to show disinterest in another person sexual advances, it may be claimed that they agreed to his or her conduct. Nonetheless, there may need to establish the degree of intoxication, as this will affect whether or not the person consent was valid according to the law (Beauchamp, et al., 2004).

  • Power relations: Power relation between the victim and the perpetrator is another critical factor to bear in mind. It may be a challenge to turn down an uninvited sexual advance if a person is in a substandard or susceptible position regarding age or position in the work environment. In most cases, the court takes this factor into consideration when assessing whether the consent was freely and willingly given.
  • Tactically consenting to behavior: The law state that consent to a sexual conduct should not be presumed. For instance, if an employer behaves towards an employee in a certain way and the employee does not openly tell him or her that it is not appropriate or uncalled for, the employer should not take it that the employee has tacitly agreed to his or her sexual advances. An answer can only be given either by words or conduct. Moreover, consent can be reserved at any particular time, and if a person consents to a certain action, it cannot be taken that, by insinuation, they consented to another (Mainiero & Jones, 2013).When it comes to consent by sexual harassment, the law is usually very firm. Every person should be aware of their rights and protection. Nobody should be tricked by a harasser that they consented to a certain conduct when they did not or that they neglected to make it clear that they were not comfortable. Consent can be an important background for sorting out what is certainly ethically wrong and what is not. Consensual sex may be without flaws, but it’s undeniably not okay.
  • Conclusion

    Sexual harassment is clearly evident in the workplaces today. It is unlawful for a person to make unwelcome sexual advances to their comrades who are under their supervision in the workplace (Beauchamp, et al., 2004).Every employer should ensure that this problem does not exist in their workplaces. Harassment usually has hidden costs to the business and affects the worker’s performance. Business owners should formulate policies that will combat this menace in their business settings. To avoid cases of sexual harassments in the workplace, all workers should be advised to refrain from sexual conducts in the business setting. Particularly, they should keep their office relations professional.

    References

    1. Magley, V. J., Fitzgerald, L. F., Salisbury, J., Drasgow, F. R. I. T. Z., & Zickar, M. J. (2013). Changing sexual harassment within organizations via training interventions: Suggestions and empirical data. The fulfilling workplace: The organization’s role in achieving individual and organizational health, 225-246.
    2. Mainiero, L. A., & Jones, K. J. (2013). Sexual harassment versus workplace
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