Note:   See separate the Consultation Draft of  the Sexual Harassment Bill in its entirety

The Law Reform Commission (“LRC”), in keeping with its law reform agenda, is seeking to examine the legislative issues that touch and concern sexual harassment conduct in the Cayman Islands. In this regard, stakeholders and the general public are invited to provide comments on the draft Sexual Harassment Bill, 2012 formulated by the LRC.

Sexual harassment refers to unwanted and unwelcome conduct of a sexual nature engaged in by a person who directs that conduct to another person. The essential characteristic of the definition is that the conduct is unwelcomed and the sentiments are not reciprocated by the recipient.

Issues surrounding sexual harassment conduct formed the basis of discussions undertaken by the Young Business and Professional Women’s Club (“YBPW”) which established a Taskforce in 2005 to investigate, assess and provide legislative recommendations, to the then Government, that would facilitate the protection of persons from sexual harassment and stalking in the Cayman Islands. A report was prepared by the YBPW in which the prevalence of sexual harassment was highlighted and it concluded that sexual harassment is a serious problem in the Islands requiring legislative intervention.

In responding to the sexual harassment issue and in an effort to protect human dignity and ensure the right of individuals to a safe and non-threatening environment, the Cayman Islands Government enacted the Gender Equality Law, 2011. This Law however deals only with sexual harassment as it relates to gender discrimination within employment and occupational contexts. More recently and through the auspices of the Portfolio of the Civil Service a committee has been established to formulate a sexual harassment policy. A draft of that policy is currently the subject of deliberations by the committee.

Cultural perceptions, attitudes and justifications for sexual harassment, in the view of the LRC, have contributed to a failure to understand and adequately respond to the problem. Consequently, many persons do not know how to report sexual harassment or from whom to seek assistance. As a result, the problem is usually ignored and not enough is done to address it primarily because there is no comprehensive legislation or policy to respond to the issues.

Whilst a majority of the victims of sexual harassment conduct are women, men also suffer from sexual harassment by women and it is possible for sexual harassment to occur between members of the same gender. Therefore, legislation which requires a sexual harassment policy and provides for appropriate remedies needs to be formulated in a manner which addresses both male and female victims regardless of the gender of the perpetrator or aggressor.