Prevention of sexual harassment

Faculty of Medicine MU applies the basic principles in dealing with sexual harassment cases, which are available assistance, protection of the victim, avoidance of bias and maintaining objectivity and confidentiality. Counselling is provided to victims, witnesses and accused of sexual harassment. Any activity with sexual overtones without the other person's consent is unacceptable. The Faculty of Medicine fosters an environment where it is a commonplace to define oneself against such activity and behaviour.

Gender-based violence represents a continuum of inappropriate and unacceptable behaviour, ranging from "soft" forms of harassment to very serious forms of sexual violence. Gender-based violence takes many forms and can take place in both physical and online spaces. These can include gender-based harassment (derogatory comments that diminish a person's abilities because they are female/male or of a different gender identity), sexual harassment (sexually-oriented comments about a person's appearance or unwanted touching), or sexual violence (rape or sexual coercion).

Gender-based violence

Gender-based violence represents a continuum of inappropriate and unacceptable behaviour, ranging from "soft" forms of harassment to very serious forms of sexual violence. Gender-based violence takes many forms and can take place in both physical and online spaces. In particular:
- Gender-based harassment (derogatory comments that diminish a person's abilities because they are female/male or of a different gender identity)
- sexual harassment (sexually explicit comments about a person's appearance or unwanted touching)
- sexual violence (rape or sexual coercion)
Gender-based violence can manifest as:
- Stalking (repeated harassing messages, stalking)
- physical violence (kicking, pushing or punching, preventing movement)
- psychological violence (name-calling, insults, humiliation, ridicule, name-calling, deliberate failure to communicate)
- economic violence (denial of access to grants, funds for travel, for example, in comparison with colleagues, denial of equipment, office space, assistant support)
- organisational violence (downplaying, tolerating or encouraging individual violence by the management of the institution and those in positions of authority)
- Cyber-violence (sending intimidating or sexually explicit emails)

Sexual harassment

Sexual harassment is any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment. Sexual harassment includes sexual coercion, unwelcome sexual attention and sexist behaviour (use of gender stereotypes with a sexual connotation).

In the academic setting it may occur between students, between teachers, by teachers toward students and by students toward teachers.

Dictionary

Dumbing down

Making light of the actions of the perpetrator of a crime or minimizing the suffering of the victim. Belittling can be perpetrated by asking inappropriate questions, such as "Not that much happened to you when you knew him, did it?". It is one of the causes of secondary victimisation.

Gender

A term referring to socially and culturally conditioned and constructed differences between women and men that are historically and locally variable. They are not a natural and immutable characteristic of women and men, but reflect the current state of social relations between them. As such, gender stands in contrast to biological differences, between women and men

Gender-based violence

All acts of physical, sexual, psychological economic or other forms of violence that target women because they are women or men because they are men, or acts of such violence that disproportionately affect women or men.

Gender stereotypes

Simplistic and biased ideas concerning the characteristics, attitudes and roles of women and men in society, in employment and in the family. Generalizations about male and female characteristics can often lead to disadvantages for those whose behaviour deviates from the stereotype (e.g. pressure on boys and men interested in so-called 'feminine activities').

False accusations

Falsely accusing another person of a criminal offence, often with the intention of causing that person to be prosecuted. This is a criminal offence, so a person can be punished by imprisonment for committing it.

Violent person

An individual who commits any form of domestic or gender-based violence.

Victim vs. Victimised

Any person who feels that he or she is a victim of a crime is considered to be a victim of the crime committed, unless the contrary is apparent or there is a clear abuse of the victim's status. Only a natural person can be a victim of a crime.

The victim shall act as a victim if criminal proceedings have been initiated. The victim is a party to the criminal proceedings (as is the accused) and may also be a legal person.

Secondary victimisation

These are the consequences of, for example, insensitive behaviour and emotional damage to the victim by inadequate media access, indifferent attitude of the environment, repeated and long interrogations, distrust of the child's testimony, confrontation of the victim with the accused, etc.

Sexual violence

Any sexual conduct involving attempts to achieve sexual intercourse, unwanted sexual comments and advances, acts directed towards trafficking or otherwise directed against the sexuality of an individual using coercion. In most cases, sexual violence entails the use of sexuality as a tool of power.

Sexual coercion

under Section 186 of the Penal Code: Sexual coercion is committed by a person who coerces another (by force, threat of force or other harm, but also by taking advantage of his or her defencelessness) into self-defence. Sexual coercion also occurs if the perpetrator takes advantage of his/her position or the victim's influence/dependence (e.g. teacher, parish priest, employer) and through this coerces the other to have sexual intercourse, to sexually self-dispose, to expose himself/herself.

Criminal offence

An unlawful act that is made punishable by a criminal law and exhibits the characteristics specified in such law

Types of offences

Misdemeanors (negligent crimes and those intentional crimes for which the penal law provides for imprisonment with a maximum penalty of five years or less.), felonies - crimes that are not misdemeanors under the penal law, especially serious crimes - intentional crimes for which the penal law provides for imprisonment with a maximum penalty of ten years or more.

Criminal notification

A report of facts indicating that a crime has been committed, which may be made to any police authority or public prosecutor's office and may be made orally or in writing. The report must indicate to which law enforcement authority it is addressed, who makes it and what matter and person(s) it concerns.

Victimisation

The process by which a person becomes a victim of a crime.

Rape

under Section 185 of the Penal Code: Rape is committed by an offender who forces another person to have intercourse or other forms of sexual gratification by violence, threat of violence or other grievous harm, or by taking advantage of his or her defencelessness. Other serious harm may include, for example, the publication of photographs of the victim or the removal of children. The defencelessness will be involved, for example, if the person raped is under the influence of drugs, alcohol or asleep. Rape also includes situations where the perpetrator puts the victim in a state of defencelessness (e.g. by getting her drunk). Rape also includes oral, anal and similar practices.

Particularly vulnerable victim

Victims who are at greater risk of secondary harm or intimidation by the perpetrator. These victims may also be particularly vulnerable to exacerbating the stress and emotional trauma experienced as a result of being involved in the criminal proceedings themselves, e.g. during interrogation. The law identifies several groups of particularly vulnerable victims - victims under the age of 18, elderly or disabled persons, victims of trafficking offences, victims of sexual offences, offences involving coercion, violence or threat of violence, offences committed because of membership of a nation, race, ethnic group, religion or class.

The most common myths about sexual assault

The perpetrator is usually a stranger
As mentioned in the previous chapter, most cases of sexual violence are perpetrated by people close to you who you know well, often trust or depend on, or are an authority figure. Only about 20% of cases are assaulted by a stranger.


The main motive for sexual violence is sexual desire
Sexual violence is primarily about exercising power and control, humiliation and taking advantage of the physical or other superiority that the perpetrator has over you. Sexual desire plays almost no role in these cases.

Sexual violence only affects attractive young women
Sexual violence can affect anyone, regardless of gender, age, sexual orientation, etc. It is not the subjective attractiveness of the victim that plays a major role in sexual assault, but the desire for control and power on the part of the attacker.

Only a man can be the aggressor
Sexual violence is also committed by women against men. It is even more difficult for men to confide their trauma or even report sexual violence to the police. The biggest obstacle is usually the stereotypical perception of men as fearless individuals who must always defend themselves against women.


There are no compelling reasons why a victim cannot report a sexual assault immediately
On the contrary. Victims face a number of obstacles in their decision to report the assault. Fear or feelings of shame and guilt play a role, which are strongly supported by the still persistent stereotype that victims are to blame for the assault. They then find it very difficult to confide in someone about their traumatic experience. However, it may also be the perpetrator's threats that prevent them from talking about the violence, and ambivalent feelings towards the perpetrator may also prevent reporting if it is someone very close to the victim. The victim's young age or current psychological state may also be an obstacle.

If she really didn't want to, she would have resisted
If the victim does not actively resist the sexual violence, it does not mean that she approves of, likes or does not mind the violence. It means that there are objective reasons why she is unable or incapable of developing any resistance. She may fear that her attacker's aggression will escalate through her defensive actions, she may be paralyzed by the attack, or she may have previous experience that resistance is futile and only exacerbates the effects of the sexual assault.

Rape cannot occur in a relationship
Whoever forces another to have sexual intercourse or other similar sexual intercourse, or takes advantage of his or her defencelessness to do so, commits the offence of rape, whether the victim is a stranger or his or her own partner.


I'm sure she was wearing something provocative
Sexual violence is always the responsibility of the perpetrator. Most victims of sexual violence were dressed in ordinary civilian clothes, such as a regular pantsuit, a T-shirt and jeans, a summer dress, a winter jacket, work clothes, or even children's pajamas. No clothing is responsible for sexual violence.

Crimes related to sexually motivated assaults

Perpetrators of sexual violence may commit crimes including:

- bodily harm (§ 146 of the Criminal Code),
- grievous bodily harm (§ 145 of the Criminal Code),
- cruelty to a person entrusted to their care (§ 198 of the Criminal Code),
- dangerous threats (§ 353 CC),
- dangerous persecution (§ 354 CC),
- restriction of personal liberty (§ 171 of the Criminal Code),
- deprivation of personal liberty (§ 170 of the Criminal Code),
- oppression (§ 177 of the Criminal Code),
- abduction (§ 172 of the Criminal Code),
- extortion (§ 175 CC),
- rape (Section 185 of the Criminal Code),
- sexual coercion (§ 186 of the Criminal Code),
- sexual abuse (Section 187 of the Criminal Code),
- pimping (Section 189 of the Criminal Code),
- prostitution endangering the moral development of children (Section 190 of the Criminal Code),
- dissemination of pornography (§ 191 of the Criminal Code),

and others.

Sexual harassment in the university environment

Sexual harassment may assume various forms in the university environment, such as:

  • repeated unwanted sexual advances,
  • demanding sexual conduct for a countervalue (e.g. better conditions at an exam),
  • inappropriate comments of an individual or a group based on sex, gender or sexuality,
  • unwanted e-mails, photographs or messages of a sexual nature,
  • inappropriate sex jokes and obscene gestures,
  • exposing breasts, genitals or buttocks in a public context,
  • rape or attempted rape,
  • unwelcome touching.

Principles to dealing with cases at MU

Sexual harassment is a very serious form of inappropriate behaviour and is not tolerated at Masaryk University. The university applies the following principles to dealing with sexual harassment:

Available assistance

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Available assistance

Masaryk University provides counselling to victims, witnesses and those accused of sexual harassment, approaches them with an offer of assistance and provides the relevant information. All the necessary information and contacts are available on the website so that anyone can access them without having to explain their situation to anyone first. Contact persons provide information on possible solutions and assistance both inside and outside the university, so that the person making a report can choose the solution that suits him/her best. If the complainant contacts the contact persons, they offer to listen with understanding; they will not downplay the situation and will not push this person in any way. Psychological counselling is also available as part of university assistance.

Victim protection

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Victim protection

The safety of the person reporting the incident is a priority for MU and its representatives. The contact person who primarily communicates with this person remains the same all the time. The number of people involved in the resolution process is minimized. All persons involved are bound to maintain confidentiality. We prevent secondary victimization of the victim. The protection of the victim continues even after the resolution of the incident at all levels of working or study life.

Prevention of bias

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Prevention of bias

Any persons who could have a personal interest in the outcome of the resolution process are excluded from the resolution of the case (e.g., colleagues who do not want to harm their colleague). This protects both sides of the incident from bias.

Maintaining the objectivity of the resolution

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Maintaining the objectivity of the resolution

A different person deals with each party to the incident. These persons communicate with each other only to the extent of communicating the facts found.

Principle of confidentiality

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Principle of confidentiality

All persons involved in the resolution process are bound by confidentiality obligations. The information about the incident is kept confidential.

Gender sensitive communication

Gender-sensitive language is language that does not ridicule, objectify or discriminate against anyone on the basis of gender identity, expression, sexuality or any social or physical characteristics.

Information

Brochure (CZ only)

Documents

More information, documents and tips

Prevention of gender-based violence in work environment - NORA

Studying materials

The aim of the project is the prevention of gender-based violence at academic and research institutions in the Czech Republic.

Research (2012) has shown that there is a high prevalence of violence against women in the Czech Republic and that this type of violence is occurring mainly in a workspace (28% of women in the Czech Republic) or during their studies.

The project produced educational videos informing about gender-based violence and sexual harassment in the work environment of public academic and research institutions.

National Contact Centre for Gender & Science

NKC - Gender and Science is a specialised unit that focuses on promoting gender equality in research, supporting research organisations and government in promoting gender equality in science and research.

more information

Video materials

ABSENCE OF CONSENT

All types of sexual violence have in common
common denominator, which is lack of consent.

Consent can be seen as a continuous process in the course of any intimate encounter, where both partners can say stop at any stage, while the absence of open consent cannot be seen as a tacit yes.

New videos on social security

Four practical videos focused on social security have been created within the framework of the Ministry of Education and Science's Human Resource Management Strategy project, with the participation of 26 Czech public universities. The videos are designed to promote work-life balance for students and university staff and to raise awareness through easy-to-understand tools that address key topics such as personal integrity, healthy communication and building a safe environment at universities.

more information

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