The Untold, Underreported, And Unheard Reality Of Male SexualHarassment
- Edleen T Makiwa
- 4 days ago
- 11 min read
Written by: Edleen T Makiwa, 4th Year B. Com LLB (Hons) Student, Marwadi University
ABSTRACT
The sexual harassment of men is indeed an untold, underreported, and unheard reality. Male sexual harassment often goes untold and is underreported due to a variety of reasons, like social stigma, fear of ridicule, lack of awareness, and lack of support. Notably, male sexual harassment is not adequately recognised and acknowledged across legal jurisdictions, and this results in the reluctance of men to report their experiences. In a society where phrases like ‘justice shall prevail’ are prevalent, how are we defining the term ‘justice’ if it is not prevailing among the male victims of sexual harassment in the community? Society has made it a norm that sexual harassment is gender-specific, that is, it only affects women, but this is merely a myth. A man is a victim of sexual harassment just like a woman is. Society has failed the men in society by failing to recognise them as victims of this evil. This article unfolds the harsh reality of the sexual harassment of men and the protection of male victims across different jurisdictions, along with the reasons for the underreporting of male sexual harassment.
1. INTRODUCTION
More often than not, when the term “sexual harassment” is brought to the surface, we generally associate it with women, with the female gender, but is this the reality, or are we merely overlooking the fact that the male gender is just as vulnerable to sexual harassment as their female counterparts? Could it be that societal stereotypes have obscured the experiences of male victims, leaving them underreported and unheard? As Roberta C. Matuson rightly notes, “Many people believe that sexual harassment is limited to females.” Sexual harassment, in general, can be understood as an unwanted conduct with sexual undertones if it occurs or is persistent and demeans, humiliates, or creates a hostile and intimidating environment is calculated to induce submission by actual or threatened adverse consequence.[1]
Sexual harassment also refers to any “unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment.”[2] While this definition primarily addresses sexual harassment in the workplace, it is important to note that it takes place in different social settings, such as church, home, school, etc. Sexual harassment is usually done by someone in a position of authority over the victim, like a teacher or lecturer to a student, an employer to an employee, or a superior to his or her subordinate.
Globally, studies have shown that males rarely report if they are subjected to sexual harassment, but this does not imply that they do not experience it. Male sexual harassment is underreported due to various reasons, viz, the fear of being perceived as weak, societal stereotypes, disbelief, toxic masculinity, etc. It is thus important to address such factors and accept male sexual harassment as a real and serious issue. This then raises the million-dollar question: Is the law adequately protecting victims of male sexual harassment? By addressing this question, this article aims to examine male sexual harassment, its prevalence, the factors that cause underreporting, the challenges involved, societal attitudes, and the role of the law in normalising the fact that males are also victims of sexual harassment by bringing about different protections and remedies for such cases.
2. LEGAL FRAMEWORK ON MALE SEXUAL HARASSMENT IN DIFFERENT JURISDICTIONS
Sexual harassment laws being passed in the majority of jurisdictions are either gender-neutral or women-focused; this, therefore, implies that it is a rare occurrence to find legislation specifically focusing on the protection of men. This shows a significant gap in the protection of men from sexual harassment and other abuses. The harsh reality of male sexual harassment is that it is not only perpetrated by women but by their fellow men as well, and such should not go unnoticed.
2.1. India
Additionally, for instance, a male intern at a mobile marketing firm in Bengaluru accused one of the product managers at the firm of sexual harassment at the workplace, alleging that the product manager forced himself on him and touched him inappropriately.[3] However, these are only reported cases; what about the ones that went underreported then? This shows that a lot of men are indeed subjected to sexual harassment, but they fail to report for various reasons.
India, however, lacks specific legislation for the protection of men from sexual harassment or the punishment of offenders. The Protection of Children from Sexual Offences Act of 2012 is a gender-neutral statute protecting children below the age of eighteen years from sexual offences. According to section 12 of the Act, whoever commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to a fine.[4] Thus, it protects children from sexual harassment regardless of their gender.
In addition to not having a specific law on male sexual harassment, the definition of sexual harassment under India’s general criminal law, the Bharatiya Nyaya Sanhita of 2023, adopts a gender-specific perspective, further highlighting a legislative vacuum in the protection of men from sexual harassment. Section 75 of the Bharatiya Nyaya Sanhita of 2023 states that, “A man committing any of the following acts: (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favors; or (iii) showing pornography against the will of a woman; or (iv) making sexually colored remarks, shall be guilty of the offence of sexual harassment.”[5] This section falls under the heading providing for criminal force and assault against women, and it frames men as the perpetrators and women as the victims. Therefore, if a general criminal law of the land itself provides a gender-specific provision, a question arises: where, then, do men get their legal protection from sexual harassment?
The absence of an enumerated law specifically addressing male sexual harassment in India presents a significant loophole in the legal system, one that demands urgent legislative attention, especially considering that an Act is already in place protecting women from sexual harassment, that is, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013. Thus, in the interests of justice and equity, it can only be fair to extend the same or similar protection to men.
2.2. The United States of America
The Equal Employment Opportunity Commission defines sexual harassment as “unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment”.[6]
The United States of America has enacted gender-neutral laws concerning sexual harassment. Unlawful discrimination based on sex, which includes sexual harassment, is prohibited in workplaces with fifteen or more employees at the federal level under Title VII of the Civil Rights Act of 1964. This means that men can be protected from sexual harassment by their fellow men or by women because, under this law, both men and women can be perpetrators. Harassment under this Act is illegal when it is so frequent and severe that it causes a hostile work environment or when it causes an adverse employment decision, such as the victim being terminated or demoted.[7] For instance, a male employee at a tech company shared how he was subjected to unwelcome sexual comments from a colleague during an office party, which he initially laughed off, but the comments became more frequent and invasive over time, thereby affecting his comfort and performance at work.[8] This highlights how men are also victims of sexual harassment. The Equal Employment Opportunity Commission deals with cases of sexual harassment and investigates allegations regardless of the gender of the accuser or the accused.[9] Title VII holds the employer vicariously liable for the harassment committed by employees and supervisors if they fail to take adequate preventive and corrective measures after becoming aware of the harassment.[10]
In addition to federal laws, various states in the United States of America have enacted sexual harassment laws that offer protection to all genders. These state-level laws are gender neutral and are often tailored to address specific matters of sexual harassment within their jurisdictions. For instance, the New York State Executive Law Human Rights Law prohibits sexual harassment in all workplaces regardless of the number of employees, and California’s Fair Employment and Housing Act protects employees of all genders from sexual harassment by their coworkers, supervisors, etc.
Therefore, this shows that the United States of America acknowledges the fact that all genders can be victims and perpetrators of sexual harassment. By providing gender-neutral laws, it ensures that victims can get remedies if they are subjected to sexual harassment.
2.3. The United Kingdom
Sexual harassment is legally defined under section 26 of the Equality Act of 2010 as unwanted conduct of a sexual nature or that is related to gender reassignment or sex, by one person for or purpose of violating another’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for another person.[11] This Act considers sexual harassment as a form of unlawful discrimination on the grounds of gender reassignment or sex.[12] The definition provided under the aforementioned Act extends to everyone irrespective of gender, and this is evidence that men are recognised as victims of sexual harassment in the United Kingdom. It is important to note that it is the victim who decides whether certain sexual behaviour is unwanted, not the perpetrator. In cases of sexual harassment that takes place in the workplace, employers have a duty of care to protect their workers, irrespective of gender, from sexual harassment, and they can be held vicariously liable for harassment done by their employees in the course of employment.[13]
Since October 2024, under the Workers Protection (Amendment to the Equality Act of 2010) Act of 2023, a duty has been imposed on employers to anticipate when sexual harassment may occur and take reasonable steps to prevent it, and in case it has already taken place, an employer must ensure that it does not happen again.[14] Failure to comply with this duty by the employer may lead to an uplift in the compensation by the employment tribunals up to twenty-five per cent, and can lead to enforcement by the Equality and Human Rights Commission.[15]
Notably, the definition of sexual harassment under the Equality Act of 2010 is gender neutral as compared to that of India’s Bharatiya Nyaya Sanhita of 2023, which maintains a gender-specific perspective. Despite the absence of a specific law for male sexual harassment, the United Kingdom ensures that everyone, regardless of gender or sex, is protected from sexual harassment through its gender-neutral laws. Hence, recognising the presence of male sexual harassment.
3. REASONS FOR THE UNDERREPORTING OF MALE SEXUAL HARASSMENT
· Lack of Awareness
A common belief that women are primarily or solely victims of sexual harassment has led to a lack of awareness and knowledge that men, too, can fall prey to this evil, leading to confusion in victims about whether their experience qualifies as sexual harassment. There is also insufficient awareness that women can be perpetrators. Because of this, men fail to report if they are harassed by their female counterparts due to fear of not being taken seriously or even being outright disbelieved. Therefore, the lack of awareness amongst men as to what constitutes sexual harassment, coupled with the lack of public recognition of females as perpetrators, contributes to the underreporting of male sexual harassment.
· Social Stigma
There is a prevalent social stigma that men cannot be victims of sexual harassment, assault, or abuse, that they are invulnerable and in control. These misconceptions silence male victims and lower reporting rates. From a tender age, men are often socialised into believing that they are too strong to be subjected to harassment of any kind, including sexual harassment, whether perpetrated by their fellow men or by women. From a tender age, boys are told that “men do not cry”, “men do not complain”, “men keep their feelings to themselves, sharing is for women”. These notions shape how they view masculinity with regard to emotional expression. As they grow older, many men prefer internalising their feelings; they would rather keep quiet about sexual harassment than speak up due to the fear of being labelled as weak. As a result, feelings of embarrassment, fear of societal ridicule, and negative judgment contribute to men’s reluctance to report their experiences of sexual harassment. What kind of society are we creating if we are misleading the boy child into believing that opening up is a sign of weakness? We dismantle these backwards perceptions and create a society where every victim feels safe to open up about sexual harassment, regardless of gender.
· Lack of Support
Male victims often feel underserved and unprotected because most of the institutional and societal support systems focus more on female victims. This imbalance reaffirms the idea that sexual harassment is a female-associated offence, further discouraging male victims from reporting. Additionally, there have been reports that male victims who confide in their peers about their experiences are often met with a lack of support and disbelief, which invalidates their trauma and discourages them from seeking professional help and reporting to the authorities. Hence, the underreporting of male sexual harassment.
4. CONCLUSION
The underreporting of male sexual harassment is not only a legal gap across the globe, but it is also a social issue rooted in social stigma, fear of ridicule, lack of awareness, and support, amongst others. It is high time that we, as India, acknowledge the existence of the sexual harassment of men in the workplace, in schools, colleges, prisons, and in society, and take proactive action against it. We must acknowledge the untold, underreported, and unheard reality of male sexual harassment. Therefore, the researcher recommends the following:
· India, like the United States of America and the United Kingdom, should adopt gender-neutral laws that are inclusive of all individuals.
· India should enact legislation specifically addressing male sexual harassment, just as there is specific legislation for the sexual harassment of women.
· Education and awareness about male sexual harassment.
· Creation of support systems for male victims of sexual harassment to make them feel safe and supported.
Let us rise and be protectors of the boy child, and give the same priority to the boy child as we give to the girl child. When a female child has been abused, the nation rises in fury and anger and unites against the perpetrator. However, why do we remain silent in the face of the abuse of a male child? We must encourage the boy child that it is okay to open up about sexual harassment and to seek help rather than internalise their experiences. As I conclude, I end with the famous words of Angelina Jolie, “We must send a message across the world that there is no disgrace in being a survivor of sexual violence, the shame is on the aggressor.”
[1] St. Xavier’s College, https://www.sxccal.edu/wp-content/uploads/2023/06/POSH-ACT-AND-UGC-REGULATIONS.pdf (last visited Jan. 27 2025).
[2] Legal Dictionary, https://legaldictionary.net/sexual-harassment/ (last visited Jan. 27, 2025).
[3] Sanath Prasad, ‘Forced himself on me, touched me inappropriately’: male intern of Bengaluru company accuses manager of sexual harassment, The Indian Express (Sept. 20, 2023), https://indianexpress.com/article/cities/bangalore/bengaluru-company-male-intern-sexual-harrassment-complaint-8948217/.
[4] The Protection of Children from Sexual Offences Act, 2012, § 12, No.32, Acts of Parliament, 2012 (India).
[5] The Bharatiya Nyaya Sanhita, 2023, §75, No. 45, Acts of Parliament, 2023 (India).
[6] Melanie D. Lipomanis, Employers Must Recognize and Protect Male Victims of Sexual Harassment at Workplace, Porzio Bromberg & Newman (Feb. 01, 2025, 02:56 PM), https://pbnlaw.com/employers-must-recognize-and-support-male-victims-of-sexual-harassment-in-the-workplace-it-is-not-as-infrequent-as-you-think/.
[7] Phillips and Associates, PLLC, https://www.newyorkcitydiscriminationlawyer.com/federal-sexual-harassment-laws/ (last visited Feb. 01, 2025).
[8] Douglas Lipsky, Can Men Be Victims of Sexual Harassment? Understanding the Often-Overlooked Issue, Lipsky Lowe LLP (Feb. 01, 2025, 10:03 PM), https://lipskylowe.com/can-men-be-victims-of-sexual-harassment-understanding-the-often-overlooked-issue/.
[9] Hall and Lampros, LLP, https://www.hallandlampros.com/blog/2023/05/male-victims-of-sexual-harassment/ (last visited Feb. 01, 2025).
[10] Ibid, note 7.
[11] The Equality Act, 2010, §26, Chapter 15, Acts of Parliament, 2010 (United Kingdom).
[12] Maria Malyk, UK Sexual Harassment Laws for the Workplace, EasyLlama (Feb. 05, 2025, 04:15 PM), https://www.easyllama.com/blog/uk-sexual-harassment-laws.
[13] Equality and Human Rights Commission, https://www.equalityhumanrights.com/guidance/sexual-harassment-and-harassment-work-technical-guidance#whoisprotectedagainstharassmentandvictimisation (last visited Feb. 05, 2025).
[14] Government of the UK, https://www.gov.uk/government/news/new-protections-from-sexual-harassment-come-into-force (last visited Feb. 05, 2025).
[15] Ibid.
Impactful wonderful insights,thank you i learned so much!
Your comparison of jurisdictions, India, the US, and the UK, offers a clear view of differing legal approaches. It would be great to see how other regions, like Africa or Latin America, fare in comparison.