Under Singapore law, sexual harassment encompasses a wide range of unwelcome conduct of a sexual nature. This includes unwanted sexual advances, inappropriate physical contact such as touching, patting, or pinching, sexually explicit comments or jokes, persistent requests for sexual favors, and intrusive questions about a person’s private life or sexual history. Non-verbal conduct, such as leering, making suggestive gestures, or displaying obscene or sexually explicit materials, can also constitute sexual harassment. The key factor is that the conduct is unwelcome and creates a hostile, offensive, or intimidating environment for the victim.

Several laws in Singapore offer protection to individuals who have experienced sexual harassment. The primary legislation is the Protection from Harassment Act (POHA), which provides civil and criminal remedies for harassment, including sexual harassment. Victims can apply for Protection Orders (POs) or Expedited Protection Orders (EPOs) under POHA. The Penal Code also criminalises certain sexual offenses such as outrage of modesty and sexual assault, which may be relevant in more severe cases of sexual harassment. In the workplace context, while the Employment Act does not specifically define sexual harassment, it imposes a duty on employers to provide a safe working environment, which includes taking reasonable steps to prevent and address sexual harassment complaints.

Yes. Sexual harassment is not limited to the workplace and can occur in various settings, including public places, online platforms, or social gatherings. The Protection from Harassment Act (POHA) has a broad scope and applies to harassment occurring in any location. Therefore, you can take legal action under POHA for sexual harassment that happens outside of your employment. Additionally, depending on the nature of the harassment, actions may also be pursued under the Penal Code or through civil lawsuits for damages. Consulting a sexual harassment lawyer in Singapore can help you determine the most appropriate legal avenue for your specific situation.

Gathering and preserving evidence is crucial in a sexual harassment case. Various forms of evidence can be used to support your claim, including:

• Text messages, emails, and social media messages containing harassing content.
• CCTV footage or photographs that may have captured incidents of physical or non-verbal harassment.
• Voice recordings of harassing conversations or incidents (while adhering to Singapore’s laws on recording private conversations).
• Witness testimonies from individuals who may have observed the harassment or its impact on you.
• Past complaints you may have filed internally or externally regarding the harassment.
• Medical reports or psychological evaluations documenting the emotional or physical distress caused by the harassment.

Yes, employers in Singapore have a duty to maintain a safe and respectful workplace free from sexual harassment. If an employer fails to take reasonable steps to prevent and address sexual harassment complaints, they can be held liable under the Employment Act for failing to provide a safe working environment, or potentially through vicarious liability for the actions of their employees. They may face legal action for damages or wrongful dismissal if the victim was forced to resign due to the hostile environment. Seeking advice from a sexual harassment law firm or employment lawyer can help both employees and employers understand their rights and obligations in these situations.

The legal process for filing a sexual harassment complaint in Singapore typically involves several steps:

1. Filing a Police Report: If the sexual harassment involves potential criminal offenses, such as assault or intentional insult, you can file a police report with the Singapore Police Force.
2. Lodging a Complaint Under POHA: You can file a complaint under the Protection from Harassment Act (POHA) in the State Courts to seek remedies such as a Protection Order (PO) or an Expedited Protection Order (EPO) to prevent further harassment.
3. Obtaining a Protection Order (If Needed): If the court grants a PO or EPO, the harasser is legally prohibited from engaging in further harassing behavior.
4. Proceeding with Civil or Criminal Legal Action: Depending on the severity of the harassment and the available evidence, you may choose to pursue civil legal action for damages or support the police in criminal prosecution of the harasser. You may also pursue action via a mediation lawyer if you wish to settle the matter privately and out of court.

It is highly recommended to consult with a sexual harassment lawyer to understand the specific legal process applicable to your situation and to receive guidance on gathering evidence and presenting your case effectively.