Harassment vs. assault … know the difference

  • Published
  • By Capt. Cheri Guikema
  • 39th Air Base Wing Sexual Assault Response Coordinator
INCIRLIK AIR BASE, Turkey --  Less than three years ago, members of the Air Force went directly to the Military Equal Opportunity Office if they wanted to file a sexual harassment claim.

Since then, the Sexual Assault Prevention and Response program was established and the fine line between harassment and assault has grown less distinct. In Corporate America, slapping someone on the buttocks would be considered sexual harassment but in the Air Force, it may be considered sexual assault.

Sexual harassment is defined by the Air Force in Air Force Instructions 36-2706, MEO program, as a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when submission is made either explicitly or implicitly a term or condition of a person's job, pay or career and rejection of such conduct is used as a basis for career or employment decisions affecting that person. Anyone who makes deliberate or repeated unwelcome verbal comments such as slurs or jokes, written communications such as emails or cartoons, gestures or physical contact of a sexual nature in the workplace is engaging in sexual harassment.

Sexual assault is defined by Department of Defense as, "Intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy, indecent assault to include unwanted, inappropriate sexual contact or fondling, or attempts to commit these acts. Consent is not given when a person uses force, threat of force, coercion or when the victim is asleep, incapacitated or unconscious."

As you can see, there may be some actions that could potentially fall into both categories, however, the MEO and Sexual Assault Reponses Coordinators offices are governed by two distantly different policies. MEO is a mandatory reporter of all crimes. That means if they have knowledge of a sexual assault, they must report it to OSI or SFS for investigation.

The SARC, however, is protected by privileged communication and is not required to tell the Office of Investigations or Security Forces Squadron of most sexual assaults (some exceptions do exist such as imminent danger and child abuse).

In an effort to protect the confidentiality of sexual assault victims, the MEO office has changed their intake procedures. If you go to MEO to file a claim of sexual harassment, they may refer you to the SARC first. The SARC will ensure your case is truly one of harassment, not assault, and then bring you back to MEO. Although it may sound bothersome, the change is meant to protect you and your rights.

If you're not sure, contact the MEO office at 676-6210, who will ensure that you are taken care of.