Sexual harassment is a pervasive issue that affects individuals worldwide, regardless of gender, age, or background; however, women are much more likely to experience sexual harassment in greater numbers. It is crucial to define and understand the concept to address it effectively. Sexual harassment is a form of discrimination and abuse that involves unwelcome sexual advances, comments, requests for sexual favours, or any other verbal or physical conduct of a sexual nature that creates a hostile or intimidating environment for the victim.
Maltese Law and Sexual Harassment
Malta has made significant strides in addressing sexual harassment through its legal framework. No matter one’s position or social status, the Maltese legal framework ensures that anyone, regardless of their status, who engages in sexual harassment will be held accountable. High-ranking individuals and people in a position of power, if found guilty, can also face severe consequences, including fines and imprisonment. (See full legal framework below)
The Importance of Reporting Sexual Harassment
Reporting sexual harassment is a crucial step in combating this issue, both in Malta and globally. It is essential to break the silence and encourage victims to speak out. Reporting empowers survivors, holds perpetrators accountable, and can contribute to creating safer environments for everyone.
In schools, workplaces, and all settings, reporting incidents of sexual harassment allows authorities to take action, enforce policies, and provide support to those affected. It also serves as a deterrent for potential harassers, sending a clear message that such behaviour will not be tolerated.
A Case of Courage: Reporting Sexual Harassment
To illustrate the importance of reporting, let’s take this recent incident, where a young woman named Sarah (name was changed) decided to report an incident of sexual harassment.
Sarah’s incident happened in a place where many people would consider themselves to be safe. This was one of the main reasons why Sarah decided to report it and to ensure it didn’t happen to other women. Sarah told WHAM that she was in a public bathroom when she caught a guy with a mirror under the bathroom stalls pointing towards where the toilet was so he could get a view of what was inside.
She initially reported her abuse by visiting the office dealing with these issues in the same place where the incident happened. Subsequently, she also consulted with a lawyer, who advised her to file a report with the police. Sarah confirmed that the police took the issue very seriously and procedures are ongoing. By raising awareness about the importance of reporting, Sarah hopes to inspire others to come forward and also report, hence making Malta a safer place for all.
Should you feel you have experienced sexual harassment of any type, or are unsure of what constitutes sexual harassment, or you want to file a complaint, you can find all the relevant information here: https://ncpe.gov.mt/en/Documents/Our_Publications_and_Resources/Resourses_and_Tools/Handbooks_and_Manuals/sexual_harassment_code_of_practice.pdf
Should you have a story you would like to share with wham.com.mt, please do not hesitate to contact us in the strictest confidence at [email protected]
The following are Maltese Law linked to Sexual Harassment
Chapter 456
- (1) Without prejudice to the provisions of article 29 of the Employment and Industrial Relations Act, it shall be unlawful for any person to sexually harass other persons, that is to say: (a) to subject other persons to an act of physical intimacy, or (b) to request sexual favours from other persons; or (c) to subject other persons to any act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of any written words, pictures or other material, where the act, words or conduct is unwelcome to the persons to whom they are directed and could reasonably be regarded as offensive, humiliating or intimidating to the persons to whom they are directed; or (d) the persons so subjected or requested are treated less favourably by reason of such persons’ rejection of or submission to such subjection or request, it could reasonably be anticipated that such persons would be so treated.
- (2) (a) Persons responsible for any workplace, educational establishment or entity providing vocational training or guidance or for any establishment at which goods, services or accommodation facilities are offered to the public, shall not permit other persons who have a right to be present in, or to avail themselves of any facility, goods or service provided at that place, to suffer sexual harassment at that place. (b) It shall be a defence for persons responsible as aforesaid to prove that they took such steps as are reasonably practicable to prevent such sexual harassment.
- (3) Persons who sexually harass other persons shall be guilty of an offence against this article and shall, without prejudice to any greater liability under any other law, be liable on conviction to a fine (multa) of not more than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to imprisonment of not more than six months or to both such fine and imprisonment.
Chapter 452, Article 29.
- (1) It shall not be lawful for an employer or an employee to harass another employee or to harass the employer by subjecting such person to any unwelcome act, request or conduct, including spoken words, gestures or the production, display or circulation of written words, pictures or other material, which in respect of that person is based on sexual discrimination and which could reasonably be regarded as offensive, humiliating or intimidating to such person.
- (2) It shall not be lawful for an employer or an employee to sexually harass another employee or the employer (hereinafter in this article referred to as “the victim”) by: (a) subjecting the victim to an act of physical intimacy; or (b) requesting sexual favours from the victim; or (c) subjecting the victim to any act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of written words, pictures or other material where -(i) the act, request or conduct is unwelcome to the victim and could reasonably be regarded as offensive, humiliating or intimidating to the victim; (ii) the victim is treated differently, or it could reasonably be anticipated that the victim could be so treated, by reason of the victim’s rejection of or submission to the act, request or conduct.
Chapter 9251A
- (1) A person who pursues a course of conduct: (a) which amounts to harassment of another person, and(b) which he knows or ought to know amounts to harassment of such other person, shall be guilty of an offence under this article.
High positions or powerful individuals are not exempt from the law in Malta. The legal framework ensures that anyone, regardless of their status, who engages in sexual harassment will be held accountable. High-ranking individuals found guilty can face severe consequences, including fines and imprisonment.
