Sexual Harassment

IS sexual harassment an economic crime?
Yes, sexual harassment is, an economic crime, in the context of:

• The impact of sexual harassment in the income of the victims/survivor
• The impact on the health of the victim/survivor, to the detriment of their earning capacity
• The loss of trained and skilled workforce to the nation
• The invasion of and destruction of the dignity; respect; status; of the victim/survivor
• The loss of the Brand of the victim/survivor when she/he has to stand before judgmental public and give testimony about sexual harassment perpetrated against her/him
• The loss of self-esteem of the victim/survivor
• The loss of credibility among a public which is entrenched in patriarchy, “kwani kutongozwa…ni kosa…” a public which often cannot differentiate between consensual sexual relations and coercive sex
• The impact of psychological trauma on the victim/survivor of sexual harassment
• The trauma impacted on the family; friends; colleagues; of the victim/survivor of sexual harassment
• The loss of sexual libido in the victim/survivor of sexual harassment

The list is long…to the nation

Sexual harassment is:

• Loss of skilled and talented workforce
• Loss of productivity
• Cost of medical treatment of victims/survivors of sexual harassment
• Loss of tax revenues when a victim/survivor is sacked from the place of employment and the vacancy remains vacant. In the case of-

> Students in learning institutions, loss of valuable potential workforce

> Mama Lishe, loss of income to families

The list is long, I need to write a scholarly essay on the subject under review.

However

If we make the decision to formally recognize sexual harassment as an Economic Crime we also need to include the human element in the definition, that sexual harassment is an economic crime, and a crime against humanity. This option, would give true justice to the victim/survivor of the crime of sexual harassment what activists for women’s rights define as sexual coercion of being the ‘owner’ of the incident/s and of the narrative. Meaning, I am personally not opposed to sexual harassment being defined and addressed as an economic crime, I however want the victim/survivor to take a more active role, as one of the complaints. Meaning, it should be (example)

Leila Sheikh and The JMT versus Babu Dhalimu and not Jamhuri versus Babu Dhalimu

The victim/survivor has got to play an active role as one of the complainants, instead of playing the passive role of ‘witness’. This way, the ‘ownership’ of the process would be among the Jamhuri and the victim/survivor. It means there is affirmation of the loss and trauma the victim/survivor undergoes. It means she/he is recognized as the injured party. It means she/he can bring out the bile, otherwise, it would stay inside and corrode her/him like acid.

Including the victim/survivor alongside the Jamhuri as a complainant would include the Clause for compensation for her/him.

Compensation for:

• Loss of income
• Loss of health
• Loss of status
• Loss of self esteem

So, while the TAKUKURU is drawing up instruments to amend the TAKUKURU Act, Clauses need to be included for the:

• Recognition of the victim/survivor
• Compensation for loss of income; health; status; self esteem
• The Post Traumatic Stress induced by sexual harassment.

Leila Sheikh
Survivor
January 26, 2021