Sexual violence and harassment supports

Sexual harassment is defined under the Employment Equality Acts 1998–2023 as any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. 

Many forms of behaviour can constitute sexual harassment. A single incident can constitute sexual harassment. Sexual harassment includes behaviours like those in the following list, which is illustrative and not exhaustive:  

• Physical conduct of a sexual nature – this may include unwanted physical contact such as unnecessary touching, patting, pinching or brushing against another person’s body; assault; and coercive sexual intercourse.  

• Verbal conduct of a sexual nature – this includes unwelcome sexual advances; sexual comments made to others to embarrass an individual by singling them out; propositions or pressure for sexual contact; continued suggestions for social contact after it has been made clear that such suggestions are unwelcome, unwanted or offensive; suggestive remarks, innuendo or lewd comments.  

• Non-verbal conduct of a sexual nature – this may include the display of pornographic or sexually suggestive pictures or objects. It may also include graffiti, written materials, emails, text messages, social media posts, stalking, indecent exposure, leering, whistling or making sexually suggestive gestures. 

• Gender-based conduct – this includes conduct that denigrates or is abusive of a person for reasons related to their sex, such as derogatory or degrading abuse or insults that are gender-based. This might include conduct that insults or degrades a person because they are pregnant or because they are a member of the LGBTQIA+ community, etc. 

Sexual misconduct is defined as “any form of unwelcome behaviour of a sexual nature that may be subject to disciplinary proceedings.

This includes crimes of sexual violence, sexual cyberbullying of any kind including non-consensual taking and/or sharing of intimate images, creating, accessing, viewing or distributing child sexual abuse material online or offline, stalking behaviours whether online or offline in a sexual context, and any verbal or physical harassment in a sexual context.”  

Sexual misconduct can be committed by a person of any gender, and it can occur between people of the same or different genders. It is often gender targeted and perpetrated to demean, diminish and intimidate.

Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship.  

Sexual violence is any form of sexual activity or act that is unwanted and that occurs without consent. Acts of sexual violence may constitute a criminal offence.

Explainer: how sexual violence offences are defined in Irish law.

The following are examples of sexual violence (not an exhaustive list): 

• Rape 

• Sexual assault 

• Attempting to engage in sexual intercourse or engaging in a sexual act without consent 

• Unwanted strangulation during sexual intercourse 

• Inappropriately showing sexual organs to another person 

• Stalking behaviours, whether online or offline, which are now being considered to be criminal acts. Details of this can be found in the Criminal Justice (Miscellaneous Provisions) Act 2023 

• Non-consensual taking or sharing of intimate images or recordings 

• Creating, accessing, viewing or distributing child sexual abuse material online or offline 

• Controlling, coercive and threatening behaviour 

Both sexual harassment and sexual violence can be committed person to person or by communicative means such as written correspondence, telephone, text, email, social media or other electronic means.

SVH includes sexual cyberbullying of any kind, such as non-consensual taking or sharing of intimate images; creating, accessing, viewing or distributing child sexual abuse material online or offline; stalking behaviours, whether online or offline in a sexual context; and any verbal or physical harassment in a sexual context. 

Coercive control is a pattern of behaviour used by an individual to dominate, manipulate and exert power and control over another person in an intimate or close relationship.

This term is often associated with domestic abuse and is recognised as a form of psychological and emotional abuse.

Coercive control typically involves a wide range of tactics and behaviours aimed at diminishing the victim’s autonomy and independence, making them feel trapped, fearful and unable to escape the abusive relationship. Coercive control is a criminal offence in Ireland (section 39 of the Domestic Violence Act 2018).  

Complicity is defined as any act that knowingly helps, promotes or encourages any form of sexual harassment or sexual violence by another person. 

Consent is the ongoing, mutual and freely given verbal or non-verbal communication of a decision or feeling of willingness to engage in sexual activity where the person has both the freedom and the capacity to make that decision.

This is consistent with the definition of consent in the Criminal Law (Sexual Offences) Act 2017, where an individual “freely and voluntarily agrees to engage in that act”.  

Consent cannot be assumed on the basis of a previous sexual experience or previously given consent, and consent may be withdrawn at any time, both before or during the sexual activity. 

Freedom to consent: For consent to be present, the individual has to freely engage in a sexual act. Consent is not present when it arises from the exploitation of power or coercion or force, regardless of whether there is verbal or physical resistance. 

Coercion or force includes any physical or emotional harm or threat of physical or emotional harm that would reasonably place an individual in fear of immediate or future harm, intimidation, manipulation or blackmail with the result that the individual feels compelled to engage in a sexual act. 

Capacity to consent: Free consent cannot be given if the individual does not have the capacity to give consent. Incapacitation may occur when an individual is asleep, unconscious, semi-conscious or in a state of intermittent consciousness, or any other state of unawareness that a sexual act may be occurring. Incapacitation may also occur on account of a mental or developmental disability or as a result of alcohol or drug use. 

Alcohol or drug use: Incapacitation arising from alcohol or drug consumption should be evaluated on the basis of how the alcohol or drugs have affected the individual. Signs of incapacitation may include, but are not limited to, one or more of the following: slurred speech, unsteady gait, bloodshot eyes, dilated pupils, unusual behaviour, blacking out, a lack of full control over physical movements, a lack of awareness of circumstances or surroundings, and an inability to communicate effectively. Intoxication is never a defence for committing an act of sexual violence or sexual harassment or for failing to obtain consent. If there is any doubt as to the level or extent of one’s own or the other individual’s incapacitation, the safest approach is to not engage in a sexual act.