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whttevrr

(2,345 posts)
Thu Dec 12, 2013, 12:17 PM Dec 2013

Does sexual harassment have to include sex?

Is it imperative that the perpetrator have the intention of carnal knowledge?

I've noticed a few arguments about the six year old boy who repeatedly kissed a six year old girl, even after he was told not to. The premise is that the boy does not know what sex is, so how can he be sexually harassing anyone?

Is that a false premise, or a straw man?

Since when has ignorance excused behavior? If I am speeding down a street and I do not 'see' the posted speed limit... am I excused from the infraction? Is it illegal for a six year old child to drive? If the child is witnessed to be driving, will he be allowed to continue on his way? No? And, he probably won't be going to jail either, will he? He may not know how to drive... but he most certainly was driving in this particular example. The only real question is how to get him safely out of the car.

The point is...

I may not remember precisely what I was doing and thinking at six. But I knew what 'no' meant. No is seldom ambiguous. It is a word we hear almost from birth. By the time a child learns to actually speak, they have a pretty good idea what 'no' means.

The sexualization of the incident does not necessarily have to be of a carnal nature to be sexually biased. Certainly at six we all know the difference between boys and girls. We know that there is something different between the sexes. Even if we don't know exactly what those differences are, we certainly know that we are either boy or girl. And, we can readily recognize those differences in others.

In the legal definition of sexual harassment there is of course 'quid pro quo'. However, that is not the only form of sexual harassment that has been defined. There can be absolutely no expectation of carnal knowledge and still be a case for sexual harassment. Sexual harassment in the workplace can be as simplistic as unwanted touching. If you continuously try to hug a coworker and they say no, but you persist; you are guilty of sexual harassment and can open yourself and the company you work for to legal liability.

So again, how is it not sexual harassment if a boy continuously kisses a girl who says no. No means no. Unwanted touching is defined as sexual harassment. If you are told to stop by the person and those in authority and you do not, you are guilty of sexual harassment.

After reading through the threads here and looking at how the situation has been described in reportage, it seems pretty obvious that the act is indeed a prima facie case of sexual harassment. It really does not matter what the kid understands, his actions speak for him. The only real question is what steps does a society take to teach a six year old that what he is doing is inappropriate. Obviously, because of the child's age, this is not a felony criminal assault. And no one is saying it was described as such except maybe a misleading fox headline.

So I'm wondering... why say it can't be sexual harassment? Is it not one of the actual definitions of sexual harassment? It is obviously not felony sexual assault, but it most certainly harassment. And by it's very nature, carnal intent or not, it is also sexual harassment.

Why is that so hard to understand?

96 replies = new reply since forum marked as read
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Does sexual harassment have to include sex? (Original Post) whttevrr Dec 2013 OP
What crime should he be charged with in your opinion? nt el_bryanto Dec 2013 #1
He is six, and he was not charged with a crime. whttevrr Dec 2013 #2
People just won't familiarize themselves with the facts. Nine Dec 2013 #74
No crime. It should be a school matter. pnwmom Dec 2013 #62
Yes, it's sexual harassment. The childs needs it explained to him properly how inapropriate his idwiyo Dec 2013 #3
I was thinking more of a letter of apology, or something... whttevrr Dec 2013 #5
This is not a first offence for this child & and there already was one suspention prior to this. idwiyo Dec 2013 #9
If you have to explain to a kid what sexual harassment is then upaloopa Dec 2013 #51
He is guilty of sexual harassment, regardless of what he does or doesn't comprehend. idwiyo Dec 2013 #54
No he doesn't know what it is upaloopa Dec 2013 #60
Sorry, I don't use Ignore. idwiyo Dec 2013 #68
Kids commit transgressions all the time that they don't fully understand. Nine Dec 2013 #75
Thank you. I am not a parent, so you said it better than I could. idwiyo Dec 2013 #95
Failure to parent within approved government guidelines... Decaffeinated Dec 2013 #93
Failure to teach a child basics like "You must not kiss or touch another person without permission" idwiyo Dec 2013 #94
As an EEO Specialist... wolfgirl Dec 2013 #4
As a supervisor... whttevrr Dec 2013 #7
There is 'quid pro quo' and 'hostile work environment' Major Nikon Dec 2013 #70
Wow. Have I walked into the Twilight Zone? Vashta Nerada Dec 2013 #6
Who is vilifying who? whttevrr Dec 2013 #10
Not you. Vashta Nerada Dec 2013 #12
Then why post that here? whttevrr Dec 2013 #16
Confusing observations of behavior with vilification is convenient for the sub-literate. LanternWaste Dec 2013 #11
So what would be the appropriate crime for this child? Vashta Nerada Dec 2013 #14
He is not criminally responsible for his actions at six. whttevrr Dec 2013 #17
So what's the point of this thread? Vashta Nerada Dec 2013 #18
General Discussion of current topics? whttevrr Dec 2013 #20
Isn't school a place Dorian Gray Dec 2013 #91
And if he doesn't... pipi_k Dec 2013 #40
He should have an idea Revanchist Dec 2013 #37
So if it were biting... pipi_k Dec 2013 #42
Well that kind of biting is usually associated with toddlers, not 6-year-olds gollygee Dec 2013 #47
He should probably be in therapy Crunchy Frog Dec 2013 #86
6yo doesn't understand simple concepts like "You can only kiss someone if they agree to it"? idwiyo Dec 2013 #55
I really don't care what you people think about this topic anymore. Vashta Nerada Dec 2013 #57
You can delete your coment, if you want people stop responding to it. Otherwise, tough luck. idwiyo Dec 2013 #58
nt Sheldon Cooper Dec 2013 #59
That must be really annoying. Nine Dec 2013 #76
+1 historylovr Dec 2013 #81
Ha Dorian Gray Dec 2013 #92
More like rationalizing a perceived right to intervene into any and every Egalitarian Thug Dec 2013 #67
I don't think that it was sexual harassment Dorian Gray Dec 2013 #90
Sexual harassment must include sexual intent. Xithras Dec 2013 #8
Kiss on the chick WITHOUT concent is indeed a sexual harassement. idwiyo Dec 2013 #13
Perhaps he has some cognitive issues Crunchy Frog Dec 2013 #87
A key part of the definition is the use of the word unwelcome. whttevrr Dec 2013 #15
Anyone has the right to say no to ANY sort of physical contact. Xithras Dec 2013 #22
What legal precedent do you reference to make that assumption? whttevrr Dec 2013 #26
As a man, I've had a good number of those things happen to me on the job. Yavin4 Dec 2013 #30
That depends... whttevrr Dec 2013 #33
Yes. Yavin4 Dec 2013 #36
So, when do you report to HR to make your complaint? Sheldon Cooper Dec 2013 #46
Start with the human resource office for your company. Sheldon Cooper Dec 2013 #35
How about the laws in all 50 states? Xithras Dec 2013 #38
Can you post a link? whttevrr Dec 2013 #39
Can you make ANY case that makes ANY sense beyond a series of assertions? sibelian Dec 2013 #45
Geesus cripes. 99Forever Dec 2013 #73
Post removed Post removed Dec 2013 #78
Something is definately wrong with you. 99Forever Dec 2013 #80
Try kissing a coworker on the cheek despite geek tragedy Dec 2013 #28
And there you go... pipi_k Dec 2013 #44
It's utterly disgusting. Not even the innocence of a six year old child is to remain unpolluted. sibelian Dec 2013 #48
I'm glad I'm getting old. This country is getting too freaking uptight for my taste. Comrade Grumpy Dec 2013 #61
"Which often has more to do with the filthy mind of the observer." xulamaude Dec 2013 #77
Your interpretation isn't correct Major Nikon Dec 2013 #71
I'm just wondering when looking at a woman will be considered quinnox Dec 2013 #19
Really? whttevrr Dec 2013 #21
Ok, take the kid to a foster home, or reform school quinnox Dec 2013 #24
Nnooo... whttevrr Dec 2013 #27
Well, you seem to think kids touching each other is sexy. sibelian Dec 2013 #50
It already is and has been for many years Major Nikon Dec 2013 #72
Children are not sexually active:Why is that so hard to understand? Johonny Dec 2013 #23
I don't know about that explanation. whttevrr Dec 2013 #31
Why does the age of the BOY get to determine how the GIRL DevonRex Dec 2013 #43
That is the question, isn't it. historylovr Dec 2013 #82
I think just plain harassment is appropriate, along with violating their "unwanted touch"rule magical thyme Dec 2013 #25
The problem as I see it... Whiskeytide Dec 2013 #29
Exactly... whttevrr Dec 2013 #34
Thank you! historylovr Dec 2013 #52
You are right. It's definitely looks like noone gives a shit about the girl. idwiyo Dec 2013 #56
Any kind of touch can be sexual harassment; as can suggestive language, unwanted comments about a yellowcanine Dec 2013 #32
Yes, otherwise it is just harassment or am I missing something about the wording. Rex Dec 2013 #41
We were in 2nd grade, and her name was Christie. JoePhilly Dec 2013 #49
There are better ways to handle this than blowing a fit and suspending a six year old Warpy Dec 2013 #53
Multiple chances were given. When there is repeated misbehavior, consequences must become stronger. Nine Dec 2013 #84
No. You're confusing the term. Glassunion Dec 2013 #63
Message auto-removed Name removed Dec 2013 #64
Actually agree with you mostly. Agschmid Dec 2013 #65
So do I. In_The_Wind Dec 2013 #69
There has to at least be.. sendero Dec 2013 #66
The intentions of the principal actor are immaterial. whttevrr Dec 2013 #79
Oh, good Lord. The guy who complained is lucky he didn't die when somebody blew e-cig vapor on him. Comrade Grumpy Dec 2013 #83
Completely.. sendero Dec 2013 #89
So? It had to do with repeated unwanted violation of the girl's physical space. eridani Dec 2013 #96
I went to a lot of trouble to explain why. Clearly you don't believe it. So why ask? nolabear Dec 2013 #85
No, because if it does, it's rape BainsBane Dec 2013 #88

Nine

(1,741 posts)
74. People just won't familiarize themselves with the facts.
Fri Dec 13, 2013, 08:34 PM
Dec 2013

I have repeatedly seen untrue claims that the school had this boy charged with a crime. Never happened. I've also seen it suggested that the school should have kept this "in house." It WAS "in house." No one would have ever known about this if the mother hadn't gone crying to the media.

pnwmom

(108,978 posts)
62. No crime. It should be a school matter.
Fri Dec 13, 2013, 06:18 PM
Dec 2013

But it's not too early to start explaining to kids that unwelcome attentions like that are wrong and that they're against school rules.

idwiyo

(5,113 posts)
3. Yes, it's sexual harassment. The childs needs it explained to him properly how inapropriate his
Thu Dec 12, 2013, 12:39 PM
Dec 2013

behaviour is. The mother of said child should be fined for failure to discipline her son.

whttevrr

(2,345 posts)
5. I was thinking more of a letter of apology, or something...
Thu Dec 12, 2013, 12:45 PM
Dec 2013

There does not seem to be consensus in whether or not her child even did anything wrong. Imagine the difficulty in trying to charge the mom with something that would include a fine.

idwiyo

(5,113 posts)
9. This is not a first offence for this child & and there already was one suspention prior to this.
Thu Dec 12, 2013, 12:53 PM
Dec 2013

If the child still doesn't understand that his behaviour is wrong, it's now parents fault. Taking into account his mother's behaviour and outright lies (they are GF & BF), his mother clearly doesn't believe her child is doing anything wrong. She is responsible for her child, and her failure to stop harassment should be punished.

upaloopa

(11,417 posts)
51. If you have to explain to a kid what sexual harassment is then
Thu Dec 12, 2013, 04:54 PM
Dec 2013

tell him that he is guilty of it he couldn't have know he was sexually harassing someone.
He was harnessing someone but he is not guilty of something he doesn't comprehend.

idwiyo

(5,113 posts)
54. He is guilty of sexual harassment, regardless of what he does or doesn't comprehend.
Thu Dec 12, 2013, 10:28 PM
Dec 2013

This is not the first incident, or even second. He did not physically assault that girl like hitting her, pulling her hair, etc. He very deliberately kept kissing her and preventing her from playing with other children. He was told to stop it and refused to do it. 6 yo is perfectly mature enough to understand very simple concepts like "No", "Stop doing it", "This girl does not want to be kissed", "You can only kiss someone if they agree to it". It's up to appropriate child behaviour specialists how to deal with it.

The girl is the victim in this situation and she must be provided with safe and secure environment at school. Period. She must be sure that it's not going to happen again. If it can only be done by removing that boy from school, than it should be done. If they can provide someone to supervise him at all times, great, if not, than he should be removed.

When it comes to his mother, she is responsible for her failure to discipline her child, that's why I suggested something like a stiff fine. Her behaviour indicates she seriously lucks in parenting department. I seriously believe that it's time when appropriate child-protection authorities should be involved.

Nine

(1,741 posts)
75. Kids commit transgressions all the time that they don't fully understand.
Fri Dec 13, 2013, 08:48 PM
Dec 2013

A kid playing with matches may not realize he is doing anything wrong. That's why you take the matches away, explain that matches are dangerous for children and are not allowed to be played with, and try to put the matches in a place less accessible to the child.

A kid who says, "That lady sure is fat!" may not be intending to be cruel. But the recipient of that remark is still likely to be hurt and embarrassed. Good parents explain what's wrong about making comments like that.

If another child causes my child distress at school, receives multiple warnings that the behavior is wrong, and continues to do the behavior, I would want that child punished, preferably in a way that takes him/her away from my child. The first time could have been childish innocence. The 10th or 20th time is just misbehavior. Any parent who says they would not want the exact same protection for their own child is full of crap.

 

Decaffeinated

(556 posts)
93. Failure to parent within approved government guidelines...
Sat Dec 14, 2013, 09:22 AM
Dec 2013

Can't see any way that could turn evil as hell...

idwiyo

(5,113 posts)
94. Failure to teach a child basics like "You must not kiss or touch another person without permission"
Sat Dec 14, 2013, 10:09 AM
Dec 2013

should be punished.

If this was an adult, he would be charged. As this is a child, his parents must be held responsible for what his actions.
In this case parents (mother at least) knew there was a problem and failed to stop it. Don't see why they should be given a pass.

As it stands, that little girl just learnt that she can never be safe. Her abuser literally gets a free pass to keep doing what he was doing. His parents left free to keep raising future rapist.

Makes me sick reading post after post lowing how unfair all this is to the boy, with fuck all concern expressed toward that little girl.

wolfgirl

(972 posts)
4. As an EEO Specialist...
Thu Dec 12, 2013, 12:43 PM
Dec 2013

the definition of sexual harassment in the workplace generally is as follows:

"Sexual harassment is a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of one’s employment; (2) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or (3) such conduct interferes with an individual’s performance or creates an intimidating, hostile, or offensive work environment."

Outside the workplace, the behavior could be considered harassment (sexual or non-sexual) when it involves unwelcome verbal or physical conduct of a sexual nature.

Regarding this particular incident with the children, the ADULTS (parents & teachers) should be aware of the behaviors of their children and take actions as needed to assure no one is being subjected to any unwanted behaviors - be it bullying, inappropriate touching/kissing, inappropriate verbal behaviors as well.

Hope this is helpful!

whttevrr

(2,345 posts)
7. As a supervisor...
Thu Dec 12, 2013, 12:52 PM
Dec 2013

If an employee comes to me with a complaint about a coworker who is making unwanted physical contact I am obligated to take corrective action and report this behavior to my management team. Sexual harassment also includes non quid pro quo activities. Lurid behavior, pornography, unwanted physical contact or comments, and even a person overhearing coworkers talking in an inappropriate manner can open up legal liability for sexual harassment.

Major Nikon

(36,827 posts)
70. There is 'quid pro quo' and 'hostile work environment'
Fri Dec 13, 2013, 07:21 PM
Dec 2013

Both are sexual harassment. The latter generally involves pervasive and ongoing activity (although not necessarily). However, any smart manager/supervisor should be taking action before it becomes repetitive and crosses that legal hurdle. The best policy is to be proactive rather than reactive.

 

Vashta Nerada

(3,922 posts)
6. Wow. Have I walked into the Twilight Zone?
Thu Dec 12, 2013, 12:50 PM
Dec 2013

We're talking about a freaking six year old. He has no concept of sexual harassment. I'm sure he has no idea what he has done wrong.

And people here are vilifying him?

whttevrr

(2,345 posts)
10. Who is vilifying who?
Thu Dec 12, 2013, 12:54 PM
Dec 2013

Please be specific in your recriminations. Please quote where I am vilifying anyone.

 

LanternWaste

(37,748 posts)
11. Confusing observations of behavior with vilification is convenient for the sub-literate.
Thu Dec 12, 2013, 12:56 PM
Dec 2013

Confusing observations of behavior with vilification is convenient for the sub-literate to advertise their biases... not that you would ever allege to do such a thing.




Nor do six year olds ever engage in violence, have any concept of it, or have any idea of right and wrong.

whttevrr

(2,345 posts)
17. He is not criminally responsible for his actions at six.
Thu Dec 12, 2013, 01:04 PM
Dec 2013

But he is morally responsible to learn how to respect the rights of others.

Dorian Gray

(13,493 posts)
91. Isn't school a place
Sat Dec 14, 2013, 09:18 AM
Dec 2013

where children should learn proper social behavior? All I see is people discussing the issue in a social way and suggesting that his behavior is anti-social and that his mother seems to be contributing to the problem. I don't see anybody advocating for actual legal punishment or being labeled as a sexual harasser at all.

pipi_k

(21,020 posts)
40. And if he doesn't...
Thu Dec 12, 2013, 03:13 PM
Dec 2013

learn to respect the rights/boundaries of others, it may not be that he refuses to.

It might be that he can't, for some reason.

Could be that he just cannot fathom the boundary between himself and others, and might require years of therapy of some sort in order to "get it".

It's possible he could be on the opposite end of the spectrum from myself. My boundaries are a little too WELL developed...to the point where I don't like being touched or touching others. Even at a very young age, as I recall...like five.

Revanchist

(1,375 posts)
37. He should have an idea
Thu Dec 12, 2013, 02:15 PM
Dec 2013

This is not the first time he was told not to do it. How many times should he be allowed to repeat the same action before there are consequences?

What if it wasn't kissing but it was biting, do you think he should be allowed to continue that behavior or should he be suspended after being told repeated times that what he is doing in not appropriate?

Should we just tell the little girl to suck it up because "boys will be boys"?

I doesn't have to explained to him as sexual harassment but it needs to be explained to him that he is not allowed to go around kissing or touching someone who does not what to be kissed or touched.

pipi_k

(21,020 posts)
42. So if it were biting...
Thu Dec 12, 2013, 03:17 PM
Dec 2013

My youngest sister's daughter bit all the time.

She bit my mom one time, and mom bit back.

Unfortunately, my niece wasn't acting out because she was a brat. After lots of neurological testing, the doctors found something wrong in her brain (seizures of some sort) and treated her with meds.

She stopped biting.

So when repeated "no" doesn't work, maybe it's time to think of other causes besides shitty parenting or that the kid is just the spawn of Satan...

gollygee

(22,336 posts)
47. Well that kind of biting is usually associated with toddlers, not 6-year-olds
Thu Dec 12, 2013, 04:36 PM
Dec 2013

A child who repeatedly bit another child at the age of 6 would get into a lot of trouble at school.

Crunchy Frog

(26,582 posts)
86. He should probably be in therapy
Sat Dec 14, 2013, 02:36 AM
Dec 2013

or receiving some kind of special services to help with his socialization issues.

I doubt that punishing him or suspending him from school will accomplish anything constructive.

idwiyo

(5,113 posts)
55. 6yo doesn't understand simple concepts like "You can only kiss someone if they agree to it"?
Thu Dec 12, 2013, 10:38 PM
Dec 2013

"Don't do it again" - which he was told repeatedly? "What you are doing is bad"?

Are you for real?

This child kept kissing and restraining this girl from playing with other children. I an perfectly sure he well understands it's not the right thing to do.

I am much more concerned with the safety and well being of the girl at this point. She is the victim. If the only way to keep her feeling safe and secure is to remove that boy from school, than it should be done.

 

Vashta Nerada

(3,922 posts)
57. I really don't care what you people think about this topic anymore.
Thu Dec 12, 2013, 10:53 PM
Dec 2013

Really.

I've hidden this thread and I still get annoying yellow new replies to it.

Nine

(1,741 posts)
76. That must be really annoying.
Fri Dec 13, 2013, 08:53 PM
Dec 2013

Almost as annoying as having another person repeatedly kiss you after it has been made clear again and again that such actions are unwanted.

 

Egalitarian Thug

(12,448 posts)
67. More like rationalizing a perceived right to intervene into any and every
Fri Dec 13, 2013, 06:55 PM
Dec 2013

aspect of other people's lives and demand submission and conformity to what ever strikes them as good or moral at the moment.

Dorian Gray

(13,493 posts)
90. I don't think that it was sexual harassment
Sat Dec 14, 2013, 09:15 AM
Dec 2013

but I do think that he was harassing her. And that he was reprimanded for it and continued the behavior suggests that, perhaps, an actual punishment is in order. And separating him from the little girl who does not want his attention, affection or acts is probably a good idea, as well.

She shouldn't have to suffer through unwanted attention.

Xithras

(16,191 posts)
8. Sexual harassment must include sexual intent.
Thu Dec 12, 2013, 12:53 PM
Dec 2013

If there is no sexual intent, it's not sexual harassment. It's just plain, old fashioned harassment. Nobody was saying that a 6 year old should be allowed to touch people with impunity, but you can't attach adult concepts to a childs actions.

The dictionary definition of sexual harassment: "Unsolicited verbal or physical behaviour of a sexual nature."

If kisses on the cheek, without sexual intent, can be considered "behavior of a sexual nature", then half of Europe engages in incest every single day.

The kid is six, he had no sexual intent. He DID intend to harass the girls, but to call is sexual harassment is to attach intent without any evidence of its existence. It's "projecting" of the worst sort.

idwiyo

(5,113 posts)
13. Kiss on the chick WITHOUT concent is indeed a sexual harassement.
Thu Dec 12, 2013, 12:58 PM
Dec 2013

That child clearly doesn't understand where the boundary is when it comes to behaviour like this. I blame his mother for it.

Crunchy Frog

(26,582 posts)
87. Perhaps he has some cognitive issues
Sat Dec 14, 2013, 02:41 AM
Dec 2013

that keep him from understanding the concept of boundaries. Maybe it's not anyone's fault, and he simply has some inborn limitations.

And why just mom? Why not Dad as well?

whttevrr

(2,345 posts)
15. A key part of the definition is the use of the word unwelcome.
Thu Dec 12, 2013, 01:01 PM
Dec 2013

If a girl of any age does not want to be kissed it is her right to say no.

Anyone who violates that right is guilty of sexual harassment.

Xithras

(16,191 posts)
22. Anyone has the right to say no to ANY sort of physical contact.
Thu Dec 12, 2013, 01:19 PM
Dec 2013

If someone makes physical contact with you anyway, it's harassment or assault. If they do it with sexual intent, then it's sexual harassment or sexual assault.

But there has to be a sexual component to the contact in order for it to be considered "sexual harassment". A kiss on the cheek is not an inherently sexual act (unless you're a religious fundamentalist or lived in Elizabethan England), so without any indication that it was intended to provoke a sexual response, provide sexual gratification, or promote some other sexual intent, then it's simply "plain old" harassment or assault.

whttevrr

(2,345 posts)
26. What legal precedent do you reference to make that assumption?
Thu Dec 12, 2013, 01:33 PM
Dec 2013

Most legal reference say that it is not the intent of the accused but the consent of the person who feels harassed. I think you should look it up and come back with something better than just repeating what you said earlier. It is not about intent. it is about consent. If it is unwelcome it does not matter what the harassers intent is.

http://www.un.org/womenwatch/osagi/pdf/whatissh.pdf


Unwelcome Behavior is the critical word.

Sexual harassment includes many things...
•Actual or attempted rape or sexual assault.
•Unwanted pressure for sexual favors.
•Unwanted deliberate touching, leaning over, cornering, or pinching.
•Unwanted sexual looks or gestures.
•Unwanted letters, telephone calls, or materials of a sexual nature.
•Unwanted pressure for dates.
•Unwanted sexual teasing, jokes, remarks, or questions.
•Referring to an adult as a girl, hunk, doll, babe, or honey.
•Whistling at someone.
•Cat calls.
•Sexual comments.
•Turning work discussions to sexual topics.
•Sexual innuendos or stories.
•Asking about sexual fantasies, preferences, or history.
•Personal questions about social or sexual life.
•Sexual comments about a person's clothing, anatomy, or looks.
•Kissing sounds, howling, and smacking lips.
•Telling lies or spreading rumors about a person's personal sex life.
•Neck massage.
•Touching an employee's clothing, hair, or body.
•Giving personal gifts.
•Hanging around a person.
•Hugging, kissing, patting, or stroking.
•Touching or rubbing oneself sexually around another person.
•Standing close or brushing up against a person.
•Looking a person up and down (elevator eyes).
•Staring at someone.
•Sexually suggestive signals.
•Facial expressions, winking, throwing kisses, or licking lips.
•Making sexual gestures with hands or through body movements

Sheldon Cooper

(3,724 posts)
35. Start with the human resource office for your company.
Thu Dec 12, 2013, 02:07 PM
Dec 2013

If no satisfaction at that level, contact the EEOC. It's really quite simple. Or, perhaps you weren't actually serious and just wanted to make some sort of point? In any case, you now have your answer so you needn't pretend anymore.

Xithras

(16,191 posts)
38. How about the laws in all 50 states?
Thu Dec 12, 2013, 02:34 PM
Dec 2013

Under your definition, ANY unwanted physical contact could be construed as sexual harassment or sexual assault. The actual laws, on the other hand, require that the contact be for the purpose of sexual gratification, harm, or of a "sexual nature". A six year old isn't going to have any concept of sexual desire, and any actions will therefore lack the "sexual" component needed to qualify as any sort of sex crime in any state in America.

And thank goodness for that.


whttevrr

(2,345 posts)
39. Can you post a link?
Thu Dec 12, 2013, 02:48 PM
Dec 2013

Can you show me one state that says sexual harassment is dependent on intent and NOT on the principle of unwelcomed actions?

I got a few minutes...

With all 50 states proclaiming what you are arguing, it should not be difficult for you to prove your point with a link to some legal document in one of the 50 states, right?

sibelian

(7,804 posts)
45. Can you make ANY case that makes ANY sense beyond a series of assertions?
Thu Dec 12, 2013, 04:32 PM
Dec 2013

Does your case consist of anything other than a kind of imaginary see-through plastic bowl labelled "sexual" turned upside down on a table being slid around and fitted over a scattered pile of phenomena that you feel empowered to slide over and include anything that you like so long as there's some tenuous relation to phenomenon based on gender with the sole purpose of making it look like males are incapable of innocence?

99Forever

(14,524 posts)
73. Geesus cripes.
Fri Dec 13, 2013, 08:25 PM
Dec 2013

There's something fucking wrong with you. The above "list" is intended FOR ADULTS. What part of that is it that you don't understand?

Seriously, our society doesn't charge CHILDREN with ADULT CRIMES, period, yet here you are blathering on and on and on that a 6 YEAR OLD be held to the same standards as ADULTS.

Just plain fucking contemptible.

Response to 99Forever (Reply #73)

99Forever

(14,524 posts)
80. Something is definately wrong with you.
Fri Dec 13, 2013, 10:36 PM
Dec 2013

I detest militant horseshit dressed up as "concern."


I see right thru your crap and see the 'I hate anything with a penis' agenda that is you.

 

geek tragedy

(68,868 posts)
28. Try kissing a coworker on the cheek despite
Thu Dec 12, 2013, 01:45 PM
Dec 2013

her telling you to stop and use that defense against sexual harassment charge that will follow.

pipi_k

(21,020 posts)
44. And there you go...
Thu Dec 12, 2013, 03:27 PM
Dec 2013

sexual intent. Which often has more to do with the filthy mind of the observer.

I can think of quite a few times where, as a teenager, I was yelled at and insulted for doing something which, to me, had no sexual overtones or intent whatsoever, but which the observer's dirty filthy mind judged to be so.


In fact, there was a thread bouncing around the other day slamming a jewelry store for its slogan, "Every kiss begins with Kay" in which some people felt that buying overpriced jewelry was akin to paying for sex...oooh...he bought her a diamond...he's gonna get LAID tonight!!!

Really?

Since when does a kiss...which is where that slogan begins and ends...automatically mean sex and virtual prostitution?

It's a kiss, FGS!!!

I dunno. Maybe I'm just way too naive, even at the age of 61.

Anyway, it sort of disturbs me to see the numbers of people who equate the (repeated) kisses of a six year old child as something close to sexual harassment.

sibelian

(7,804 posts)
48. It's utterly disgusting. Not even the innocence of a six year old child is to remain unpolluted.
Thu Dec 12, 2013, 04:37 PM
Dec 2013

I feel sick. I've never seen so much twisted, hideous nonsense.

I saw someone on another thread describe the incident as evidence of "rape culture".
 

Comrade Grumpy

(13,184 posts)
61. I'm glad I'm getting old. This country is getting too freaking uptight for my taste.
Fri Dec 13, 2013, 06:16 PM
Dec 2013

And the self-righteousness is so thick you could cut it with a knife.

 

xulamaude

(847 posts)
77. "Which often has more to do with the filthy mind of the observer."
Fri Dec 13, 2013, 09:07 PM
Dec 2013

Just because you did things you thought were fine doesn't mean that if was fine.

"Filthy minds" not withstanding.

Major Nikon

(36,827 posts)
71. Your interpretation isn't correct
Fri Dec 13, 2013, 07:37 PM
Dec 2013

The behavior doesn't even have to be directed at the person who takes offense to it.

Your own example contradicts yourself. The key word is "unsolicited". My wife used to work in the same building as me and I used to freak people out who didn't know us by saying I was going to sexually harrass her (and would frequently). The key was it wasn't unwanted so it wasn't illegal.

Here are the prima facie elements required for sexual harrassment (hostile work environment) to cross the hurdle of illegality:
1.He or she suffered intentional, unwanted discrimination because of his or her sex.
2.The harassment was severe or pervasive.
3.The harassment negatively affected the terms, conditions or privileges of his or her work environment.
4.The harassment would detrimentally effect a reasonable person of the same sex.
5.Management knew about the harassment, or should have known, and did nothing to stop it.

Notice that sexual intent on behalf of the perpetrator never appears.

Furthermore, school children aren't employees, so we're not talking about illegal behavior in the first place. Kids should be taught that unwanted sexual advances are wrong. It doesn't matter if they don't fully understand the sexual implications. We teach kids not to do all sorts of things they may not fully understand why it's wrong. That's where adult responsibilities toward children come in.

 

quinnox

(20,600 posts)
19. I'm just wondering when looking at a woman will be considered
Thu Dec 12, 2013, 01:06 PM
Dec 2013

a possible sex harassment case, I can see it already. "Looking at a woman with lust in your eye, that's a crime, book him!"

 

quinnox

(20,600 posts)
24. Ok, take the kid to a foster home, or reform school
Thu Dec 12, 2013, 01:26 PM
Dec 2013

for this unforgivable crime, this boy showed a liking for a girl. We can't have that!

whttevrr

(2,345 posts)
27. Nnooo...
Thu Dec 12, 2013, 01:39 PM
Dec 2013

The kid repeatedly invalidated the girls right to say no. No one here is proposing he be sent away. He needs to be educated on what is appropriate and what is inappropriate.

I never mentioned criminal prosecution or sending him away. I just wrote that it was sexual harassment. No means no. And some people still don't get it.

If a child does something criminal, they typically are not charged with a crime. Even in this case the child was not charged with a crime. He was suspended and it was noted why he was suspended.

So let me ask you: At what point is it ok for the little girl to say no and have that respected?

sibelian

(7,804 posts)
50. Well, you seem to think kids touching each other is sexy.
Thu Dec 12, 2013, 04:47 PM
Dec 2013

So I don't really know that you're in much of a position to strike attitudes.

Major Nikon

(36,827 posts)
72. It already is and has been for many years
Fri Dec 13, 2013, 07:57 PM
Dec 2013

There's plenty of case law. Here is one:

Specifically, the EEOC alleged that some of the women were subjected to touching, groping, breast grabbing, leering, and derogatory comments. EEOC also alleged that when a longtime employee tried to complain about the harassment, she and her entire crew were terminated and not hired back. The EEOC further alleged that women were excluded from certain jobs at the vineyard.

http://www.eeoc.gov/eeoc/newsroom/release/6-15-05.cfm

http://www.google.com/search?q=hostile+work+environment+leering

Johonny

(20,851 posts)
23. Children are not sexually active:Why is that so hard to understand?
Thu Dec 12, 2013, 01:22 PM
Dec 2013

Though they mimic adult behavior they sure don't behave in a sexual manner as adults. Thus no one accepts a pedophiles excuse that the kids were asking for it. Nor does society allow children to give consent to have sex. Why, because children do not understand sexual behavior nor do physically or emotionally do they feel and behave as adults. I know people try to project adult sexual behavior and emotions on children but that does not mean it has any form of reality. This doesn't mean the child was not behaving in a inappropriate manner or that the child should not be punished like any other child disrupting a classroom, but to label a 6 year old as a sexual harasser... seems more a you problem then a them problem. I think the vast majority of people fully accept children do not behave as adults. Indeed our whole legal code basically is written in a manner that incorporates this concept.

whttevrr

(2,345 posts)
31. I don't know about that explanation.
Thu Dec 12, 2013, 01:54 PM
Dec 2013

I did not know what sex was as a child. But I understood that no means no. I even had girlfriends in grade school. It was silly and I had absolutely no clue what it was about. But I knew I liked girls. I gave one girl this little plastic duck ring. It was beautiful. And it broke my tiny little heart when she didn't want me or my ring any more. But you know what? I knew that she said no.

Sexual harassment is not about mine or your intent, it is about unwelcomed behavior.

It is wrong to touch or kiss a girl without her consent. I did not think of it as consent as a kid, but I knew what it was in an instinctual way. It is what it is.

Either you see it or you don't. Too bad too many men don't see it.

DevonRex

(22,541 posts)
43. Why does the age of the BOY get to determine how the GIRL
Thu Dec 12, 2013, 03:24 PM
Dec 2013

feels? SHE was made to feel as uncomfortable with his attentions as she would have been with the "creepy uncle's" attentions. And she has no agenda other than wanting it to stop when she says STOP.

historylovr

(1,557 posts)
82. That is the question, isn't it.
Fri Dec 13, 2013, 11:26 PM
Dec 2013

Why should she have to put up with his overtures if she doesn't want them? Period. The age doesn't matter. Nor, apparently, do the girl's feelings.

 

magical thyme

(14,881 posts)
25. I think just plain harassment is appropriate, along with violating their "unwanted touch"rule
Thu Dec 12, 2013, 01:33 PM
Dec 2013

They can leave the sex out of the harassment from his school record.

Bullying also seems appropriate, as in the past he and another boy had prevented the girl from playing with her other classmates.

And he also had been cited in the past for roughhousing with other kids.

The kid, and especially his parents, need serious counseling. He needs to learn to respect other people's boundaries.

Whiskeytide

(4,461 posts)
29. The problem as I see it...
Thu Dec 12, 2013, 01:46 PM
Dec 2013

... is that we're missing the point. Regardless of whether you label this sexual harassment, just harassment, battery or whatever, the effect on the little girl involved is getting lost in the media shuffle.

It appears from more recent reports that the teacher and the school admin did everything they reasonably could before resorting to re-portable discipline and a suspension. One report said he'd been suspended before for similar actions. The boy failed to correct his behavior, and the parents of the little boy failed to take care of it as well.

He appears uncontrollably obsessed with the girl. He's been told to stop, he's been disciplined - and yet he continues the behavior. It doesn't really matter what was in the mind of the little boy at that point. If his actions are freaking the little girl out (and how could they not be doing so?), something has to be done to STOP the behavior. Period.

At some point, the admin has to say "Enough - We're not going to let this kid keep damaging this little girl's psyche or self image - however you want to put it - because they're only six and don't know what sex really is".

whttevrr

(2,345 posts)
34. Exactly...
Thu Dec 12, 2013, 02:03 PM
Dec 2013

It really does not matter what the little boys intent is. It is about the little girl saying 'no' and being heard.

No means no.

idwiyo

(5,113 posts)
56. You are right. It's definitely looks like noone gives a shit about the girl.
Thu Dec 12, 2013, 10:53 PM
Dec 2013

Barely anyone acknowledges that this is repeated and very deliberate behaviour on his part.
Barely anyone actually said that this girl must be provided with safe and secure environment, regardless what it takes at this point.

yellowcanine

(35,699 posts)
32. Any kind of touch can be sexual harassment; as can suggestive language, unwanted comments about a
Thu Dec 12, 2013, 01:54 PM
Dec 2013

person's appearance, pornographic pictures on a computer where coworkers can see them, etc. The key questions are: are the actions unwelcome or not; is a coworker getting unfair advantage because of a personal relationship with a supervisor; and do the actions in question create a hostile work environment? And in the case of actual touch, depending on what it is, it may be sexual assault, which much more serious than sexual harassment and may be grounds for immediate dismissal/prosecution.

JoePhilly

(27,787 posts)
49. We were in 2nd grade, and her name was Christie.
Thu Dec 12, 2013, 04:42 PM
Dec 2013

She'd sneak up and kiss me, and I'd run away.

If I was sitting, she'd grab me from behind and then start kissing the side of my face, over and over.

Even when I said stop. She wouldn't stop.

Even when the teacher told her to stop, she would not.

She'd chase me around the coat room.

It was embarrassing.

She moved away between 2nd and 3rd grade.

And I missed her.

Sexual Harassment, or fond memory?

Warpy

(111,256 posts)
53. There are better ways to handle this than blowing a fit and suspending a six year old
Thu Dec 12, 2013, 05:08 PM
Dec 2013

Standing in a corner during recess is one. Losing TV and video games at home is another.

The kid is only doing it because it gets him attention. When that attention has an unacceptable cost, he'll stop.

Nine

(1,741 posts)
84. Multiple chances were given. When there is repeated misbehavior, consequences must become stronger.
Sat Dec 14, 2013, 01:13 AM
Dec 2013

At-home consequences were not an option in this case because the parent refused to cooperate. Standing in a corner is no longer done in schools; it is considered a shaming-type punishment. If you simply meant missing recess, you are talking about a suspension, which is exactly the type of consequence that was used. The only difference is that it was one-day (or two-day?), out-of-school suspension instead of a one-hour, in-school suspension. If you don't like to think of this boy's behavior as sexual harassment, then don't. Think of it as insubordination - defying the teacher's instructions over and over and over again. Think of it as bullying - touching another student over and over again in a manner the other student has made clear she doesn't like. Do you think a brief suspension is too harsh for those rule violations as well? Aren't these consequences simply providing the "unacceptable cost" you suggest will make the boy stop his misbehavior?

Glassunion

(10,201 posts)
63. No. You're confusing the term.
Fri Dec 13, 2013, 06:27 PM
Dec 2013

Is it imperative that the perpetrator have the intention of carnal knowledge?

Sexual harassment can be between differing, or same sex individuals, along with being the same or different orientation.

If a heterosexual man continually sends inappropriate pictures to another heterosexual man, this can be sexual harassment.

Something like hanging a poster in a locker room can be sexual harassment.

The list goes on and on.

Response to whttevrr (Original post)

whttevrr

(2,345 posts)
79. The intentions of the principal actor are immaterial.
Fri Dec 13, 2013, 09:24 PM
Dec 2013

Sexual harassment is about the effect the activities have on the person who objects.

Two guys tell the same joke to each other every morning. A man overhears it and objects. The complaint is made and the behavior continues. The guy telling the joke has absolutely no intention of sex with either man. The guy telling the joke says to the man who complained: "Awww, did I hurt your Vagina?"


That is sexual harassment.
 

Comrade Grumpy

(13,184 posts)
83. Oh, good Lord. The guy who complained is lucky he didn't die when somebody blew e-cig vapor on him.
Fri Dec 13, 2013, 11:31 PM
Dec 2013

sendero

(28,552 posts)
89. Completely..
Sat Dec 14, 2013, 08:39 AM
Dec 2013

.... non-sequitur "analogy". The kids kiss HAD NOTHING TO DO WITH SEX, PERIOD.

Twist yourself into pretzels trying to make it so, but it cannot be done.

eridani

(51,907 posts)
96. So? It had to do with repeated unwanted violation of the girl's physical space.
Sat Dec 14, 2013, 10:20 AM
Dec 2013

Teaching kids that this is unacceptable used to be called just plain old socialization.

nolabear

(41,963 posts)
85. I went to a lot of trouble to explain why. Clearly you don't believe it. So why ask?
Sat Dec 14, 2013, 01:16 AM
Dec 2013

Nothing anyone can say will change your mind, so what, exactly, are you looking for?

BainsBane

(53,032 posts)
88. No, because if it does, it's rape
Sat Dec 14, 2013, 02:49 AM
Dec 2013

Harassment is a civil rather than a criminal concept. Harassment is typically a hostile work environment or circumstances that make a person or a group uncomfortable based on gender or sexuality,

Assault and rape are criminal acts that involve forcible sexual contact on another person.

I'm not going to get into whether sexual harassment is the right term to describe a six year old's behavior. I myself would call it a problem with respecting personal boundaries. In general, however, sexual harassment does NOT involve sex. If it did, that would be sexual assault or rape.

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