Take complaint more seriously - LFL on lawyer's harassment at dinner event

Sexual harassment is everywhere and the legal community is far from immune, says Lawyers for Liberty executive director Melissa Sasidaran (above).

Sasidaran told Malaysiakini that the recent case in which a lawyer lodged a police report alleging that she was groped by another lawyer at the Criminal Lawyers Annual Party on June 22 must serve as an important wake-up call.

"It's time’s up on any form of harassment or violence against members of the Bar and the culture of discrimination, harassment and violence, particularly against its female members, must end," she said.

Sasidaran said it was telling that despite the Bar Council’s existing mechanism to facilitate reports on sexual harassment, there had been no complaints lodged since the circular on the matter was issued to members in 2007.

"This is surprising to hear. Is there no one questioning why no case was reported? Or is there a distrust in the mechanism that needs to be addressed?"

Female lawyers recently told Malaysiakini that sexual harassment was “rampant” within the legal fraternity and they had devised ways to keep one another safe from predatory behaviour especially at work-related social gatherings.

This included sharing among them a list of lawyers who had harassed others before so they could avoid being in unsafe situations.

"Sexual harassment is everywhere, and in recent years we have seen cases being highlighted in the medical community, at educational institutions and even by journalists when dealing with people in power," said Sasidaran.

"Sexual harassment is usually not taken seriously by higher-ups or even peers with the expectation that one has to just toughen up and take it as part and parcel of the job especially due to the power dynamics in career progression and client interaction."

"It might also involve a more senior superior where one might feel that one’s career might be jeopardised or that the traumatic experience would be made worse by mockery or teasing from one’s colleagues."

'Not adequate'

She added this could not only jeopardise the victim’s work performance but also cause emotional distress.

"Clearly shame and fear of a backlash perpetuate the problem causing most instances to go unreported.

"It is insufficient that a complaints mechanism is put in place but not enough is done to actively promote it and to encourage members to utilise the mechanism while ensuring that the complainant will not face any form of reprisal or hindrance in career progression.

"In the recent case, a statement by the organisers of the event is particularly glaring because it appears to condemn the victim for posting about the incident on social media and the organisers are seemingly more concerned with protecting the alleged harasser than the complainant."

"This should not be the attitude of the organisers who ought to protect their guests, all the more so a fellow lawyer. Such defensive posturing may be seen as an attempt to silence the complainant," said Sasidaran.

She also argued that Malaysia’s position on sexual harassment has long been inadequate because the applicable laws have not been specifically enacted to tackle the issue but rather piecemeal provisions found in laws such as the Penal Code and Employment Act.

"These laws have not been updated to take into account modern developments relating to sexual harassment. Consequently, these laws fail to provide comprehensive protection against sexual harassment."

"The current legal framework does not adequately define sexual harassment, does not provide protection in all settings and as currently, only covers harassment in the workplace.

"Further, there are no mechanisms for victims to access justice without going through the inadequate criminal process or a lengthy civil process," said Sasidaran.

Harassment is widespread

Association of Women Lawyers president Sheena Gurbakhash said she will meet Bar Council chairperson Abdul Fareed Abdul Gafoor to discuss how to address sexual harassment affecting lawyers but a date or agenda had not been set.

A survey by the association in 2014 showed that one in three lawyers in Kuala Lumpur and Selangor, male and female, had experienced sexual harassment or gender-based issues. 

This has been taking place despite the Bar Council having the mechanism to address complaints of sexual harassment.

The lawyers who have experienced harassment told Malaysiakini they did not complain to the Bar Council for fear of career repercussions.

Beyond the legal fraternity, it was also reported on Wednesday that the All Women’s Action Society (Awam) had revealed that women who had approached the police to file sexual harassment complaints were met with laughter.

They were reporting an individual who had obtained his victims' personal information from a clinic by posing as a doctor and enquiring about women who had recently undergone HIV screening there. -Mkini