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That Thing You Just Did is Sexual Harassment. Didn’t Know? Let’s Talk About ItBy Ahmad-Tijani Agbaje on July 12, 2024

A new pandemic is currently rearing its hideous head in Nigeria.

And no, it’s not the quietly nasty cholera outbreak that’s moving through the country.

We’re talking about Sexual Harassment. 

Just like the cholera wahala – and the ebola one before it – the genesis of recent conversations about Sexual and gender-based violence (SGBV) is Lagos (the College of Medicine at the University of Lagos, to be exact).

Some foul sexual harassment accusations have surfaced online about male students and lecturers assaulting and harassing female students at the University of “First Choice” and it’s definitely been… something.

While sexual harassment is not exactly uncommon in Nigeria – remember the BBC documentary, “Sex For Grades” back in 2019 that got two senior lecturers booted out of office (disrespectfully) – it’s an ugly scourge that survivors feel pressured to speak about in hushed tones, or not at all.

In Nigeria, 31% of women have experienced physical violence and 9% have experienced sexual violence, according to the 2018 Demography and Health Survey

Also in 2018, a World Bank survey reported that 70% of female graduates from Nigerian tertiary institutions had been sexually harassed in school by their fellow students and lecturers.

To add to this horrific tapestry, in a report by Amnesty International released in 2021, they said “There are no accurate statistics on its prevalence [rape]. [because] Most cases of rape go unreported, due to the fear of stigmatisation, victim-blaming and a lack of trust in the police and judiciary, amongst other factors”

If that doesn’t make you want to chew dry cement, we don’t know what will.

Anyways, since the pot is being stirred again, we thought it crucial to give you a crash course on sexual harassment – what it is (and isn’t), what it looks like, steps to take if you’re a victim, preventative measures, what our government is doing and what it should be doing, and of course, our now customary index of resources.

Don’t thank us o, in the words of Bobrisky,  “It’s the Lord’s doing.”

Okay, so, what is sexual harassment?

Unwanted sexual behaviour that could be seen (from the perspective of the person who is the target or recipient) as uncomfortable, offensive or humiliating – according to the United Nations.

Notice how there is no specification of time, environment or gender? Did you also notice how the onus of consideration is placed on the receiver (target) of said harassment, not the other party?

This shows you that sexual harassment can happen to anyone, at any time, in person or not, and even without the explicit intent to harass anyone.

Sexual harassment can take many forms, some glaring and others subtle, so let’s get into the types.

Verbal Sexual Harassment

Unwelcome verbal advances of a sexual nature can constitute sexual harassment. If someone makes comments or remarks that are sexually suggestive or explicit, and those comments make you feel uncomfortable, this may be considered verbal sexual harassment.

 Pro-tip:  Don’t have sexual conversations with anyone till they affirm they are okay with that. 

It doesn’t get clearer than that, folks.

Examples of verbal sexual harassment include:

  • Requesting sexual favours:  Uncouth behaviour.
  • Expressing a desire for sexual contact or conduct:  Keep it in your pants!
  • Using sexually explicit language:  Watch your mouth.
  • Telling sexual jokes:  It’s never funny.
  • Commenting on a person’s appearance:  A simple “I like your outfit” is fine, thanks.
  • Speaking in a sexual tone:  You sound like a fool.
  • Using sexually suggestive nicknames or terms of endearment:  Nobody sent you. 

To be clear, not every flirty comment is sexual harassment. Sometimes intent matters, like if someone tells a joke to be funny haha, not funny weird. But the line can easily be crossed, so it’s best not to toe it.

Non-Verbal Sexual Harassment

Sexual harassment can extend beyond spoken language.

Non-Verbal Sexual Harassment is unwanted (keyword) sexual advances that come in many forms, including – but not limited to – online communication (emails, texts, photographs) with sexually suggestive content or imagery – this includes nudes, pornographic content, lewd memes or even just sending them an inappropriate tweet.

These unwelcome communications and actions, while not involving physical touch, can constitute a form of sexual harassment.

Apart from online stuff, non-verbal sexual harassment also includes things like;

  • Showing them sexually explicit videos:  Why would you ever even do this?
  • Staring at someone in a lewd manner “Elevator gaze”: Carry your eye.
  • Following or stalking them:  It’s not sexy, cute, or playful.  It’s creepy. 
  • Intentionally exposing oneself:  Creepy x100.
  • Blocking someone from moving freely in a space:  When you’re not a prison warden. 
  • Making sexual gestures:  Get a job.
  • Sending unwanted gifts:  Who asked you?
  • Licking your lips while gazing at someone:  Get a chapstick and rest. 
  • Winking suggestively:  You look like you’re having a seizure. Stop! 
  • Blowing kisses: No one wants to smell your breath. With your white tongue.

Physical Sexual Harassment

Now, this is the type of harassment that most likely comes to mind when the topic is brought up, right?

Physical sexual harassment is any unwanted physical contact of a sexual nature. This can range from mild (harassment) to severe (assault) and includes any physical contact that makes the person feel uncomfortable, offended, or unsafe.

Sometimes, physical sexual harassment can graduate into full-on sexual assault, so here’s the difference; sexual harassment generally violates civil laws – you have a right to exist without being harassed – but in many cases is not a criminal act, while sexual assault usually refers to criminal acts.

Physical sexual harassment includes but is not limited to;

  • Patting, grabbing, rubbing, pinching, hugging or kissing.
  • Being subjected to a strip search in the presence of someone of the opposite sex.
  • Unwanted physical contact (e.g. an arm around the shoulder; a hand placed on a thigh or another part of the body; standing up against someone after being told to move away).
  • Unwanted invasion of someone’s personal space.

Sexual assault includes but is not limited to;

  • The most severe forms involve any penetration of the victim’s body, also known as rape. This includes attempted rape as well.
  • Forcing someone to perform sexual acts on the perpetrator or the victim themselves, such as oral sex or handjobs.
  • Groping, fondling or slapping.

A quick note before we move on: Your body is your own, and you have the right to feel safe wherever you are. No one should force you into unwanted physical contact, regardless of the situation. Husband o, boyfriend o, lecturer o, friend o, No one.

This includes pressuring you for sexual favours in exchange for something else, like a job or grades.

Common Misconceptions about sexual harassment

Sexual harassment is a wide, nuanced topic, and as such, people are bound to have some ideas about it that might not be so true.

That’s why we’re here to make a few things clear…

  • “Harassment is always sexually motivated.” Sexual harassment is often motivated by dominance, power, and/or bullying. Sexual gratification is usually just a bonus.
  • “It has to happen many times for it to be sexual harassment.” Sexual harassment can show up as a pattern of repeated actions, but even a single incident can be considered harassment.
  • “Only the person who is directly harassed is the victim.” Believe it or not, others who witness harassment or are aware of it may also be victims of harassment – they might also feel unsafe or uncomfortable just by witnessing it.
  • “Sexual harassment is a woman’s issue.” Men can be sexually harassed too. Sexual harassment affects everyone. In fact, according to this report, data from supported sexual assault referral centres (SARCs) in Nigeria show that 14% of the SGBV survivors who reported to the SARCs were males and most often boys under 14 years old. Scary.
  • “They didn’t say anything about me specifically, so it can’t be sexual harassment.” It is illegal to harass a person by making offensive comments about people in general. If it makes them feel targeted, uncomfortable or unsafe, it is harassment.
  • “The harasser must rank higher than the victim for it to be harassment.” Anyone can harass anyone, the power dynamic between individuals is not a factor in determining sexual harassment. It can occur between colleagues, friends, or even strangers. Read with your lips; Anybody.
  • “Sexual harassment isn’t a big deal if it’s not physical/rape” Sexist comments, crude jokes, unwanted sexual attention and communications are a big deal. It can create a hostile environment and cause people to feel unsafe, which is against human rights and the law.
  • “Women falsely accuse men of sexual harassment all the time.” In fact, rape and sexual harassment are even under-reported in Nigeria due to stigma, victim blaming and police failure to investigate sexual violence. Coming forward about sexual assault is often met with intense opposition for the victims. This includes public shaming, lawsuits aimed at silencing them, and even attempts by authorities to investigate the accuser, not the accused. In the society we live in, suffering in silence is “easier” than coming forward.

Identifying Sexual Harassment

How do you know if you’re being sexually harassed?

  • Focus on how you feel: Your feelings are the most important indicator. Does someone’s behaviour make you feel uncomfortable, intimidated, or pressured?

  • Unwanted is unwanted: It doesn’t matter if the harasser meant to be funny or complimentary. If their behaviour is sexual and unwanted, it can be harassment.

  • Severity can vary:  Harassment can be a single severe incident or a repeated pattern of behaviour.

  • It’s not about gender:  Sexual harassment can happen between anyone, regardless of gender or sexual orientation.

 Pro-tip:  You should document any incidents of sexual harassment or assault, including the date, time, location, pictures, and details of what happened. If you have any, get some witnesses to testify. This can be helpful if you need to report the harassment formally.

What’s the government doing?

So, we’ve talked about the basics. Now, what’s the deal with the Nigerian government and sexual harassment?

(Spoiler alert: Not that much.)

According to a report by the World Policy Center, Nigeria does not have explicit legislation prohibiting sexual harassment, violence, or abuse at school.

In 2020, when there was an alarming surge in rape and sexual assault cases in the country, and the government pledged to “take action”, the Anti-Sexual Harassment Bill (that was introduced back in 2016), bubbled back to public consciousness.

The objectives of the bill were essentially;

  • To make it a crime to harass students sexually – no ifs, ands, or buts.
  • To make sure that university heads who ignore harassment complaints could also face trouble.
  • To get rid of the “mutual consent” defence for sexual harassment cases on campus. Basically, if it’s harassment, it’s harassment, period. The prosecution doesn’t have to prove the accused person intended to harass the victim.
  • Establish an Independent Sexual Harassment Prohibition Committee within institutions to investigate and decide on sexual harassment complaints by its provisions.
  • It also proposes up to 14 years jail term for offenders – which we love, really.
  • The whole idea is to keep things professional between teachers and students and make colleges safe places to learn and grow, not places where people get harassed.

Hurray, right? 

Well. The Anti-Sexual Harassment Bill is still waiting to be passed into law.

In 2020, the bill faced opposition from the leadership of the Academic Staff Union of Universities (ASUU).

The then-President of the Union, Professor Abiodun Ogunyemi, expressed reservations about the bill’s potential impact during a public hearing held in February 2020.

Professor Ogunyemi said the bill might unfairly label teachers and hurt their careers and personal lives. He believed a solution should address harassment but also protect lecturers.

Is it just us or is that kinda…

Anyway, in 2023, the Chairman of the Senate Committee on Judiciary, Senator Opeyemi Bamidele said the conference committee of both chambers (The Senate and The House of Representatives) harmonised differences they had and resolved to pass the bill.

For some context – in case the legal jargon wan tear your head – Bills are documents that, upon review by the government, become law.

Nigerian bills pass through The House of Representatives, The Senate, and then The Presidency before becoming law.

All that’s left now is presidential assent, so the Anti-Sexual Harassment bill is at it’s last bus stop.

Mind you, this has been on Mr President’s metaphorical desk (and maybe the real one too, who knows) since June 2023, and yet, nothing.

Maybe if the bill had been passed, the incidents at the University of Lagos wouldn’t have happened, or at least, there would be a clearer channel of reportage.

This super slow pace of bills in the Nigerian legislative system makes how fast the presidency assented to the change in the National Anthem all the more amazing.

The (change in National Anthem) bill completed its first and second readings on May 23rd 2024 and was subsequently passed on May 28th and signed into law by the president the following day. In the House of Representatives, the bill passed through its first, second and third reading on the same day!

Hm, It is well.

So, with the best chance we have at an Anti-Sexual Harassment Law still stuck in bureaucratic go-slow, what are we left with?

Thank you so much for that question.

The other legislation around this topic is… not horrible, but it’s not ideal either.

Across Africa, 42 countries – out of 54 – have laws that explicitly prohibit sexual harassment, violence or abuse at school, regardless of gender, and guess who is not part of that 42?

Nigeria.

Also, 33 African countries have laws that explicitly prohibit sexual harassment at work for all workers, regardless of gender.

Again, who is not part of that 33?

Nigeria.

In this paper from the University of Ibadan Law Journal, the authors outline where the direct and indirect Nigerian legal frameworks on sexual harassment are;

  • The Nigerian Criminal Code of 1916 
  • The Nigerian Penal Code (1960)
  • The African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Chapter A9 (CAP10, Laws of the Federation), 1990
  • The Constitution of the Federal Republic of Nigeria (as altered), 1999
  • The Independent Corrupt Practices Commission (and Other Related Offences Act), 2000
  • The Criminal Law of Lagos State (2011)
  • The Violence Against Persons (Prohibition) Act 2015
  • Various listed States’ Violence Against Persons (Prohibition) Act- Oyo, Ogun, Osun, Ekiti, Edo, Anambra, Enugu, Ebonyi, Benue, Cross River, Kaduna, Plateau and Bauchi
  • The National Industrial Court, Civil Procedure Rules 2017

But we won’t dump all the long talk on you, so the koko of it is that Nigeria’s current laws against sexual harassment are scattered and incomplete. There’s a real need for a single, clear law to address this issue effectively.

Nigeria’s fragmented approach to sexual harassment legislation is even more embarrassing when you look at what some other African countries are doing to combat this ugly menace.

South Africa’s Code Of Good Practice on The Prevention and Elimination of Harassment In the Workplace is a concisely written document that “Identifies the steps that employers must take to eliminate harassment” and explicitly explains the types of harassment, factors to establish sexual harassment, and even a bunch of stuff on racial, ethnic, or social origin harassment.

It also emphasises that “All forms of harassment against women, men and LGBTQIA+ and vulnerable persons in the workplace is an abuse of power”, and acknowledges that “harassment may include physical abuse, psychological abuse, emotional abuse, and sexual abuse”. 

Nigeria, see your mate, respectfully.

So, what do you do if you’re sexually harassed?

Immediate Actions: What to do in the moment

While it’s not uncommon to want to downplay sexual harassment – for all the reasons we’ve talked about above – it’s also important to remember that by speaking up for yourself, you’re breaking a cycle and potentially making your environment safer – whether that be school, home or work.

Dealing with sexual harassment depends on two things:

  • What exactly happened: You might want to handle a one-off occurrence differently than multiple advances.

  • Your feelings: While everyone reacts differently, sexual harassment can make you feel scared and ashamed. Really examining how it’s affected you can help you affirm that what happened wasn’t okay and allow you to talk about what happened with a supportive person.

If it happens…

  • Speak up (if safe): If you feel comfortable, or think you’re safe enough to, tell the person directly that their behaviour was inappropriate. Their reaction can help you decide your next move.
  • Report It: If speaking up isn’t an option, or it didn’t work, report the incident following your workplace or school’s policy. This might involve HR, or the Dean of Student Affairs or someone in a similar position.
  • Keep the receipts!: Documentation can be very helpful if you want to take things up. Consider gathering proof of the harassment (date, time, location, witnesses, pictures, and details of what happened), before reporting it.
  • Prioritise your safety: Remember, your well-being is most important. Choose the options that best keep you safe (sometimes that may also involve delaying your report), and don’t hesitate to seek help.

Reporting the Incident: How and where to report sexual harassment

One of the main issues the Anti-Sexual Harassment Bill aims to tackle is the lack of Independent Sexual Harassment Prohibition Committees within universities.

Sexual harassment on campus has proved pervasive enough that scholars recommend government “Establish formal reporting/monitoring mechanisms.”

There is also no specific reportage process for sexual harassment in general, but, here’s what you can do:

  • At school: Report to your student affairs representative, or if you’re comfortable enough, to the Dean/Head of Student Affairs with all your evidence. Even if nothing comes of it, just speaking up is a powerful thing, and may motivate other survivors to do the same.
  • At work: Most organizations in Nigeria have a sexual harassment policy (or at the very least, a harassment policy). This policy will outline the reporting process within the company. You can report the incident to your supervisor, the Human Resources department, or a designated complaints officer.
  • Report to the police: You can file a police report if the harassment involves a crime, such as sexual assault, stalking, or threats.
  • The National Human Rights Commission (NHRC): The NHRC is a government agency that investigates human rights violations, including sexual harassment. You can contact them through their website or by calling their toll-free shortcode: 6472.
  • Confide in a trusted adult: (Heavy on the trusted) Sometimes, the burden of sexual harassment/assault is too heavy to bear alone, and there’s no shame in talking to someone you feel comfortable opening up to. Just make sure they are supportive and won’t make things worse by victim blaming.
  • Reach out to an NGO like Stand To End Rape (STER), or Mirabel Centre

Don’t worry, we’ve added all resources to the index.

Preventive Measures: How to create safer environments and prevent sexual harassment.

Before we get into this, let’s agree on one thing.

Sexual harassment and assault are caused by… (wait for it) sexual harassers and assaulters. 

Not the victims, not the time of day they were out, not the clothing they wore.

There have been reports of bestiality (having sexual relations with animals), child molestation and acts of sexual violence even in religious centres so this all proves that harassers and assaulters are just. Sick. People.

End of discussion.

Now that that’s out of the way, let’s talk about prevention.

Educational Programs and Training:

  • Educate employees, students, and the public about what constitutes sexual harassment, its impact on victims, and the importance of creating safe environments.
  • Talk to children in your house or community about sexual harassment and the ways other people should not be interacting with them. This enables them with knowledge and language on the subject so they know what harassment and abuse are and how to know if they’ve been victims.
  • It’s also crucial to address the root cause by emphasising clear boundaries and appropriate behaviour for young boys and men. Too often the onus is placed on the girl/woman when it’s really the boy/men who are (mostly) the perpetrators.
  • Train leaders and supervisors on how to handle allegations of harassment fairly and effectively.

Establish clear policies and procedures:

  • Workplaces: Having a clearly defined sexual harassment policy outlines expectations and consequences. This can discourage inappropriate behaviour and empower employees to report incidents.
  • Schools: Clear codes of conduct that explain and address sexual harassment can help create a respectful learning environment for students. (Ahem, Mr President, please, sign the Anti-Sexual Harassment Bill.)
  • Public Spaces: While implementing policies might be trickier, initiatives like bystander intervention training can equip people to identify and respond to harassment effectively (meaning you can also try to stand up for others – just don’t start beating anyone up as per superhero). Encourage bystanders to directly address the harasser, support the victim, or report the incident to a trusted authority figure.

Promote Open Communication:

  • Encourage regular conversations about respectful behaviour and boundaries. This can normalise open communication and discourage unwanted advances.
  • Create safe spaces for victims to report harassment without fear of retaliation.

Zero Tolerance Policy and Enforcement:

  • Make it clear that sexual harassment will not be tolerated through consistent enforcement of policies.
  • Take all complaints seriously and follow a clear investigation process that protects the rights of both the victim and the accused.

Sexual harassment and its sibling vices (abuse, assault, domestic violence) have long plagued this country.

Aren’t we tired?

Hian!

This is why we’ve specially crafted this week’s Safe Space Index.

We present it to you in hopes that it comes in handy in the fight against sexual harassment.

The Safe Space Index

 

How to NOT sexually harass people (secret tip)

Be respectful, and ask for their consent.

Notice how in all that has been said, the overarching factor is willingness (i.e., consent)?

A lack of consent can turn what you think is flirty/sexy banter into a lawsuit, so, stay sharp and don’t be silly.

Suppose you’re praying to God for the President to finally assent to the Anti-Sexual Harassment Bill (like us). In that case, you can raise awareness on your social media by using the hashtags: #AssentToSexualHarassmentBill, #SayNo2SGBVonCampus, and #EndSexualHarassmentonCampus.

Let’s get the ball rolling!

Also, if you want to take your activism to the streets, Siren Co (A women-centred community that emerged from the need for a virtual sanctuary during the 2020 lockdown. It’s now grown into a helpline offering medical advice, legal aid, and a supportive community for women), and Herbode (They are on a similar mission – aiming to build a physical and online “abode” for survivors of abuse and violence) are organising a walk against sexual assault and harassment starting tomorrow.

There are other dates as well, so, click the link to see if there will be one in your city!

So, what did you think of our lil crash course? Did we miss anything? Are there some nuanced situations you feel we didn’t discuss?

This is a safe space (pun intended), so use the comment section below and tell us what you think.

Sọ̀rọ̀ sóké and all that.

 

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