“Gyal me serious, me affi get yuh tonight. Haffi get your body even by gun point!” These lyrics made famous by reggae artiste Buju Banton in his 1992 hit song ‘Haffi get yuh tonight’ may have been regarded by some as merely provocative entertainment at the time. Viewed, however, through the lens of modern Jamaican society, such words take on a far more troubling significance. 

 Many women go to work every day to face supervisors who make unwanted comments like these lyrics about their intentions or even make bold suggestions that their career prospects depend on accepting their advances. This is an example of sexual harassment, which is a silent epidemic within various institutions in Jamaica. Some victims of sexual harassment often speak of it in hushed tones and whisper of their trauma in dark corridors while very much hurting inside. 

Women are predominantly the victims of this epidemic. Sexual harassment often goes unreported as victims fear embarrassment, retaliation, or they fear the shame of rejection or not being believed. 

A bold move in 2021 came when the Parliament of Jamaica enacted the Sexual Harassment (Protection and Prevention) Act, which became operational in July 2023. It is a significant and welcome step towards protecting individuals from unwelcome sexual advances. The Act establishes clearly that ‘’An employer shall make every reasonable effort to ensure that the workers employed by the employer are not sexually harassed in the course of their employment.’’

Further, the Act states that ‘’a person who is in charge of an institution shall make every reasonable effort to ensure that the students, residents, wards, inmates, patients or members as the case may be, of that institution are not sexually harassed.’’ This effort includes the employer issuing a policy statement in writing concerning the prevention of sexual harassment and the protection of the workers in the business or undertaking from sexual harassment. 

Importantly, this groundbreaking legislation extends beyond the traditional workplace. The Act recognises that sexual harassment can occur in a variety of settings, including educational institutions, housing arrangements, the provision of goods and services and other environments where one person exercises authority, influence or control over another.  

Sexual Harassment is defined under the Act as ‘’any conduct, act or behaviour that constitutes unwanted and unwelcome conduct of a sexual nature by one person towards another.’’ Sexual advances are considered under the Act to include physical contact of a sexual nature, a demand or request for sex or for favours of a sexual nature, the making of sexual suggestions, remarks or innuendos. Sexual advances also cover gestural, verbal, non-verbal or visual conduct of a sexual nature. 

The Act does not simply prohibit sexual harassment but establishes a structured process for reporting, investigating and resolving complaints, culminating in the jurisdiction of the Sexual Harassment Tribunal where necessary. 

A complaint may be made in writing to the designated person or committee within the workplace or institution. Once a complaint is received, the employer shall notify the worker within two days of receipt of the sexual harassment claim and commence an investigation into the allegations made within fourteen days of the claim being made and complete the investigation without delay. 

Where the matter cannot be satisfactorily resolved internally, or where the circumstances may require further intervention, a complaint may be referred to the Sexual Harassment Tribunal established under the act. The tribunal may order the offending conduct to cease, direct an employer to take corrective action, require implementation of policies, award compensation for injury and/or make any other order it considers necessary. 

The Act requires employers and persons in charge of institutions to protect information relating to complaints and complainants. In fact, every sexual harassment policy must contain a statement that the employer or institution shall not disclose information relating to a complainant or in the circumstances of a complaint, except where disclosure is necessary for the purposes of an investigation or where disciplinary action is taken. 

Further, the Act requires that employers and institutions maintain a register of sexual harassment complaints. This information, however, must be kept secure, and the confidentiality of the information must be preserved. Any person who knowingly or recklessly discloses information kept in the register commits an offence and shall, on summary conviction in a Parish Court be liable to a fine not exceeding Five Hundred Thousand Dollars or to a term of imprisonment not exceeding one month. 

Finally, the Act recognises that there are times when allegations of sexual harassment may be made maliciously, which can have a debilitating effect on one’s reputation. As such, the legislation provides that where a person knowingly makes a false complaint, he/she commits an offence and on conviction will be liable to a fine not exceeding one million dollars or, in default of payment, to imprisonment for a term not exceeding three months. 

Victims, that is, both men and women, should know that they are not without protection and that the law provides avenues for confidential reporting and redress. Equally, employers and institutions must recognise that preventing sexual harassment is not merely a moral obligation but a legal one. Ultimately, breaking the silence requires courage from those affected, and vigilance from those entrusted with authority. Only then can the deep-rooted culture of sexual harassment be firmly eradicated to allow every Jamaican citizen to work in a comfortable environment. 

Matthew Hyatt is an Attorney-at-Law.