What is Sexual Misconduct
Sexual Misconduct relates to all unwanted conduct of a sexual nature and ranges from pinching, embracing, groping and kissing, to rape and serious sexual assault which involves penetration without consent. This includes, but is not limited to:
- Sexual harassment as defined by Section 26(2) Equality Act 2010;
- Assault as defined by the Sexual Offences Act 2003;
- Rape as defined by the Sexual Offences Act 2003;
- Physical unwanted sexual advances as set out by the Equality and Human Rights Commission: Sexual harassment and the law, 2017;
- Intimidation or promising resources or benefits in return for sexual favours as set out by the Equality and Human Rights Commission: Sexual harassment and the law, 2017;
- Distributing private and personal explicit images or video footage of an individual without their consent as defined by the Criminal Justice and Courts Act 2015.
Consent
A person consents to a sexual interaction taking place if they agree by choice and have the freedom and capacity to make that choice.
Consent cannot be assumed on the basis of a previous sexual experience or previously given consent, and it may be withdrawn at any time. Consent must be enthusiastic, ongoing, and clearly communicated.
Freedom to consent is not present when submission by an unwilling participant results from the exploitation of power, coercion or force, regardless of whether there is verbal or physical resistance. Exploitation of power happens when someone in a position of power, be that real or perceived, uses their position to take advantage of someone else. Coercion or Force include any physical or emotional harm or threat of physical or emotional harm which would reasonably place an individual in fear of immediate or future harm, with the result that the individual feels compelled to engage in a sexual act.
Capacity to consent is not present when an individual is asleep, unconscious, semi-conscious, or in a state of intermittent consciousness, or any other state of unawareness that a sexual act may be occurring. Incapacitation may also occur on account of a mental or developmental disability, or as the result of alcohol or drug use. Signs of incapacitation may include, but are not limited to, one or more of the following: slurred speech, unsteady gait, bloodshot eyes, dilated pupils, unusual behaviour, blacking out, a lack of full control over physical movements, a lack of awareness of circumstances or surroundings, and/or an inability to communicate effectively.
Examples of Sexual Misconduct:
- Pressuring or forcing someone to do something sexual;
- Touching someone sexually without their permission;
- Unwanted sexting – sending sexually explicit texts and images to someone without their consent;
- Unwanted sexual attention – for example ‘wolf-whistling’ and making sexualised comments about someone’s body;
- Engaging in sexual acts with someone who is too drunk, or too intoxicated, to give consent;
- Engaging in a sexual act with someone who is asleep or unconscious;
- Sexual intercourse or engaging in a sexual act without their consent;
- Kissing without consent;
- Inappropriately showing sexual organs to another person;
- Repeatedly following another person without good reason;
- Making unwanted remarks of a sexual nature.
Sex with someone who doesn’t consent is rape, and a very serious crime under UK law. It does not make a difference whether the people know each other or not, or what relationship they have.
Any form of sexual misconduct is against our Bullying and Harassment Policy for staff and the Student Harassment and Sexual Misconduct Policy.
Find Out More
Citizens Advice Provide information on rape and sexual assault
Met Police Provide further information on definitions of sexual assault, rape and consent.
Rape Crisis Provide information on the different types of sexual violence.
SafeSpaceZone
What Support Is Available If I Have Experienced Sexual Misconduct?
If you think you or someone you know has experienced sexual misconduct, there is a variety of support options available.
Our Student Experience Team are the first port of call for any questions you may have regarding the College’s policies or procedures regarding Sexual Misconduct. You can also disclose incidents to our team. You can also choose to report incidents via our anonymous SafeSpace Zone.
SafeSpace Zone – Students and staff can disclose how they have been affected by Sexual Misconduct using the College’s SafeSpace Zone. You can choose to do this anonymously or you can request support from an advisor. If you choose to talk to an advisor, they will be able to talk through the reporting options and support available to you, in confidence. We understand that sometimes people feel more comfortable accessing external support services. Please don’t feel limited by the services listed below, and if you think that you cannot find a support service that is applicable to you – please speak to the Student Experience Team student.experience@mla.ac.uk and they will be happy to search for additional services.
Sexual Assault Referral Centres SARCs offer medical, practical, and emotional support. They have specially trained doctors, nurses, and support workers. You don’t have to report an incident to the police to use a SARC. You can still refer yourself for assessment and medical care. If you do decide to make a report to the police, they can also arrange for you to attend a SARC for medical care and, if you wish, a forensic medical examination. The NHS non-emergency helpline 111 will be able to give details of your nearest SARC, or you can use a postcode search facility.
- Rape CrisisTo access help if you’ve experienced rape, child sexual abuse or any kind of sexual violence, or if you need details of local Rape Crisis services. They also offer information about sexual violence for survivors, people supporting survivors (including men and boys), and information about their work.
- Survivor’s Network They are fully accredited members of Rape Crisis England and Wales. They offer professional relevant services to survivors of any gender aged 14+ who have experienced any form of sexual violence. They have helplines for people who self-identify as women, for people who identify as trans, non-binary and support and referral services for men and boys. Only Brighton residents can use their Counselling and ISVA services, but the drop-ins and helplines are open to anyone.
- Live Fear Free: 24hr support for victims of domestic violence and sexual violence.
- Rape Crisis Network Europe: RCNE is the network of European rape crisis centres. They aim to make sure that anyone who experiences sexual violence can get the help they need.
- Respond: Helpline, counselling and psychotherapy for children, adults and elders with learning difficulties who are either victims or perpetrators of sexual abuse.
- Safeline: Specialised charity working to prevent sexual abuse and to support those affected in their recovery.
Male Helpline: 0808 800 5005
General Helpline: 0808 800 5008
Young people’s Helpline: 0808 800 5007
- The Survivors Trust: Rape and sexual abuse can happen to anyone regardless of their age, gender, race, religion, culture or social status. Living with the consequences of rape and sexual abuse can be devastating. All survivors are entitled to receive the best possible response to their needs whether or not they choose to report.
- Women Against Rape: Based on self-help. They provide support, legal information and advocacy; and campaign for justice and protection for all women and girls, including asylum seekers, who have suffered sexual, domestic and/or racist violence.
- National Female Genital Mutilation Centre: The National FGM Centre’s Vision is to keep children and young people safe from FGM and other Harmful Practices, including ending new cases of FGM by 2030.
- National Domestic Abuse Helpline: Run in partnership between Women’s Aid and Refuge, this is a national service for women experiencing domestic violence, their family, friends, colleagues and others calling on their behalf. The Helpline can give support, help and information over the telephone, wherever the caller might be in the country.
- Refuge: Largest domestic abuse organisation in the UK. On any given day their services support thousands of women and their children, helping them to overcome the physical, emotional, financial and logistical impacts of abuse and rebuild their lives — free from fear.
- Women’s Aid: National domestic violence charity that helps up to 250,000 women and children every year. They work to end violence against women and children, and support over 500 domestic and sexual violence services across the country.
- Hollie Guard: Developed by the Hollie Gazzard Trust, which helps to reduce domestic abuse. The Hollie Guard turns your smartphone into a personal safety device. In danger? Status your phone or tap the screen to generate an alert. Your location and audio/video evidence will automatically be sent to your emergency contacts who can take action to help you quickly.
- Rights of Women: They run advice lines on Criminal and Family Law.
- Mankind UK: Male rape support and resource service for men who have been sexually abused, assaulted, raped. National UK charity based in East Sussex offering telephone helpline, counselling and support, one to one, groups and support for partners and families.
- Survivors UK: Helps male survivors of childhood sexual abuse and adult sexual assault/rape. They can offer a range of support services including counselling and therapy appointments as well as online chat. All services are provided by trained professionals. They welcome anyone who identifies as male, trans, non-binary, has identified as male in the past, or anyone who feels that they are the right fit for them.
- Men’s Advice Line UK: The Helpline for male victims of domestic abuse.
- IDAS: Most domestic abuse is directed at women and girls, but men can also be victims of domestic abuse, both in gay and straight relationships. They support hundreds of men every year, helping them overcome the harmful impacts of being subject to abuse.
- Safeline: A dedicated service for men and boys in England and Wales affected by sexual violence and abuse and those who support them.
- Revenge Porn Helpline: A free resource full of useful information for victims of revenge porn, information about what the law says, what can be done to limit its effects and help from organisations such as Facebook, Twitter and Google, along with links to various resources and support agencies.
- Victim Supportline:helpline for anyone affected by crime.
- StopNCII.org: StopNCII.org is a free tool designed to support victims of Non-Consensual Intimate Image (NCII) abuse.
- SWGfL: A secure platform for recording and reporting online abuse.
- The National Stalking Helpline: Practical advice and information to anyone who is currently or has previously been affected by harassment or stalking.
- Action Against Stalking:Umbrella organisation championing the rights of stalking victims across the UK and across the globe.
- Paladin – National Stalking Advocacy Service: Provides advice to victims of stalking and advocacy to high-risk victims of stalking, raises awareness of dangers and risks of stalking, develops a victim’s network of support as well as providing training to professionals and campaigning.
- Protection Against Stalking:The vision of this organisation is to change society’s perception of stalking and to improve the safety for all victims of stalking and harassment and for perpetrators to be held to account by the Criminal Justice system.
- Report a Stalker:Information and advice on how to report a stalker.
- Women’s Aid: Am I in an Abusive Relationship?: Everyone has arguments, and everyone disagrees with their partners, family members and others close to them from time to time. But if this begins to form a consistent pattern, then it is an indication of domestic violence and abuse. This questionnaire can help you understand whether you may be experiencing domestic abuse.
- Teenage Helpline: Teenage Helpline is a charitable organisation that provides services to young people across the UK. Their primary service involves putting young people in contact with peers, as well as providing peer-to-peer mentoring and other support that is required.
- Healthy relationships | Family Lives: This article is aimed at parents, but it can also provide a useful overview of what a healthy/unhealthy relationship looks like to young adults.
- Healthy Relationships: 32 Signs, Tips, Red Flags, and More: This article explains what a healthy relationship looks like and what it does not look like.
- Madly In Love (TheMix): Discusses mental health and relationships, including real stories/advice.
- Love is respect: Bank of resources around consent and healthy relationships.
MLA College is not responsible for the content of external sites. If you believe that any of these support services should not be promoted or you have a suggestion for an additional support service, please let us know by contacting student.experience@mla.ac.uk
I Think I Have Experienced Sexual Misconduct
If you think you have been affected by sexual misconduct, it may be hard to know what to do or how to feel. What happened was not your fault. What you do next is your choice.
- Think: Are you in immediate danger? If you are in immediate danger or seriously injured, you can call 999 (or 112 from a mobile), or your local emergency services.
- Find a safe space: If an incident has just happened, try and find somewhere you feel safe. If this isn’t possible and you are scared or fearful you should call the emergency services.
- Talk to a friend: Talking things through with someone you trust can sometimes help.
- Seek specialist support: What support is available if I have experienced sexual misconduct?
- Report:
- Reporting to the police: If you’re thinking of reporting to the police, rape crisis has produced a useful list of things to think about.
- Reporting the incident anonymously: You can call crime stoppers at any point on 0800 555 111 or use their online form.
- SafeSpace Zone: Students and staff can report an incident using the College’s SafeSpace Zone. You can choose to do this anonymously or you can request support from an advisor. If you choose to talk to an advisor they will be able to talk through the options and support available to you, in confidence.
- Take care of yourself: It’s important that you take care of yourself. If you’ve heard something distressing or if something is troubling you, Students can contact our student experience team student.experience@mla.ac.uk
I Think Someone I Know Has Experienced Sexual Misconduct
Supporting somebody who has experienced sexual misconduct can be daunting, especially when it is someone you know, and you are worried about saying or doing “the wrong thing.” You don’t have to be an expert to support someone but there are some simple things you can do that will help.
Most people will usually describe what has or is happening to them and how it’s making them feel. However, they may not be able to clearly define their experience. Understanding the behaviours associated with sexual misconduct is a good place to start if you want to support them. Find out more here: What is sexual misconduct?
- Think: Are they in immediate danger? If they are in immediate danger or seriously injured, you can call 999 (or 112 from a mobile), or your local emergency services.
- Find a safe space: If an incident has just happened, try and find somewhere they can feel safe. If this isn’t possible and they are scared or fearful, you should call the emergency services.
- Listen: If someone discloses an experience of sexual misconduct, just listen to what they tell you. Compassion, empathy and no judgment, can be incredibly helpful. Just taking the time to listen to someone and talk about what has happened can help.
- Believe: Rather than asking a lot of questions, just let them know that you believe them and will support them as best as you can. Try not to skip ahead to what to do practically without first validating what you have heard and listening to what they have to say.
- Reassure: Remind them that no one, regardless of relationship or status, has the right to hurt them and that no matter what, it is not their fault that this occurred.
- Give Options: Somebody who has experienced sexual misconduct may feel they have had power and control taken away from them. This means the most important thing is to respond in a way that increases their choice over what happens next. You can simply ask them what they need or want. They might not make the same decision you would; however, only they can decide what is best for them. You can help them explore options but avoid telling them what they should do. Find more information here: What support is available if I have experienced sexual misconduct?
- Respect: They might not want to report the incident to the police or the College. There are a lot of reasons why someone may choose not to report, only they can decide what is best for them.
- Take care of yourself: It’s important that you take care of yourself. It is not easy to support someone who has experienced any form of harassment. If you’ve heard something distressing or if something is troubling you, information on support services is available from our Student Experience Team student.experience@mla.ac.uk
- They might not want to report the incident to the police or the College. There are a lot of reasons why someone may choose not to report sexual violence/abuse.
- In most cases of sexual misconduct, the perpetrator is known to the victim.
- They might be concerned that people won’t believe them or may not identify what occurred as sexual misconduct.
- They may be concerned who else might be informed.
- They may have fear of or confusion about the criminal justice system or what happens if you report it to the College.
- If drugs or alcohol were involved, they may choose not to report because they are worried, they will get in trouble as well.
- It is up to them to decide what they want to disclose and to whom. Your support can help them talk through their concerns.
- Let them know that you believe them and support their decisions.
- Remind them that no one, regardless of relationship or status, has the right to hurt them and that no matter what, it is not their fault that this occurred.
- Connect them with resources that can help them understand what happens if you report to the police and or the College.
- Just saying “it’s not your fault” (without listening to what the person has to say).
- Using key ‘catch phrases’ or common sayings – e.g. “it will all be better with time”.
- Probing for details. Let them tell you what has happened in their own time.
- Blaming them – e.g. “what were you wearing?” and “were you drinking?” or “did you text them to come over?”.
- Showing disgust or shock.
- Smirking and showing obvious disbelief.
- “Why didn’t you say straight away? Why are you only coming forward now?”.
- Trivialising the experience – “it was only a bit of fumbling”.
SafeSpaceZone