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The Public Service Commission circular dated 7th April 2023 states that using words as ‘sayang’ and ‘dear’ on colleagues had been classified as a form of sexual harassment.
Generally speaking ‘assault’ occurs when someone threatens bodily harm to another in a convincing way. Assault often is followed by battery, which is defined as unlawful physical conduct (often an act of violence, but also unwanted sexual contact). Physical sexual harassment includes actions such as touching, holding, molesting, kissing, pinching, and hugging. Also "sexting", which is sending lewd text messages on various platforms, including Whatsapp, had been classified as visual sexual harassment. Not all threats are considered assault. To rise to the level of an actionable offense (in which the plaintiff may file suit), three main elements must be present:
The act was intended to cause apprehension of harmful or offensive contact; and
The act indeed caused reasonable apprehension in the victim that harmful or offensive contact would occur.
An imminent physical gesture signifying a threat
Words, without an act, cannot constitute an assault or as a matter of fact to sexual assault. For example, no assault has occurred where a person waves his arms at another and shouts, "I'm going to kill you!" where no gun or other form of weapon is visible or apparent. However, if the threatening words are accompanied by some action that indicates the perpetrator has the ability to carry out a threat, an assault has occurred.
Stating so, this circular is enforced by the commission's promotion and disciplinary division, which prevails over only on civil servants which state, those guilty of the offences could face disciplinary action under Regulation 4A of the Public Officers Regulations (Conduct and Discipline) 1993.
If it were to be enforced and made into law probably it might open the ‘floodgates’ to the courts as they might need to encounter unnecessary claims.
The said circular states that a victim, when lodging a report, should detail what they went through due to the harassment, such as feeling insulted and emotional or mental distress. The complaint should also include the time, date, and place of the incident.
This is an approach brought by the ruling government to safeguard the dignity, safety, and interest of civil servants.
Written by: Pradeep Raj Sivanesan