How to Deal with Sexual Harassment

Section 1: Guidelines on what to do if you are sexually harassed

What is sexual harassment?

Sexual harassment involves unwanted behaviour that is sexual or gender-based and can be physical, verbal or non-verbal. It includes (but is not limited to):

Unwanted physical contact of a sexual nature (pinching, patting, brushing against someone, assault, coercive sex)
Sexual violence or the threat of violence
Pressure for sexual activity
Belittling a person’s work, appearance or opinions based on their gender
Suggestive or lewd remarks

Under The Equal Status Acts, sexual harassment takes place where a person —

- subjects another person to an act of physical intimacy,

- requests sexual favours from another person, or

- subjects another person to any act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of written words, pictures or other material,

where —

i. the act, request or conduct is unwelcome to that person and could reasonably be regarded as offensive, humiliating or intimidating to him or her, or

ii. that person is treated differently by reason of his or her rejection of or submission to the act, request or conduct or it could reasonably be anticipated that the person would be so treated.

Under Irish law, service providers (including pub/ venue owners and festival organisers) are obliged to ensure that people accessing the service are not harassed or sexually harassed on their premises. If you are harassed during a session or at a festival, you can complain to the pub owner or festival organiser. If you are not happy with their response, you can bring a complaint to the Workplace Relations Commission under the Equal Status Acts. For details on how to do this, see the website of the Irish Human Rights and Equality Commission - https://www.ihrec.ie/

*IMPORTANT* If you see anyone acting inappropriately towards another musician/ participant, please call them out if it is safe to do so. We all have a role in stopping inappropriate behaviour and creating a safe environment for everyone.

For more information on bystander tips and advice, click here.

Section 2: Resources available in Ireland for people seeking advice and support

You can report to An Garda Síochána (Ireland’s police service). In the case of an emergency, tel. 999 / 112 OR in the case of a non-emergency contact your nearest and/ or local Garda Station. To locate your nearest Garda station, visit: https://www.garda.ie/en/Contact-Us/Station-Directory/ , or for information on how to report a sexual crime, visit: https://www.garda.ie/en/Crime/Sexual-crime/How-do-I-report-an-incident-of-sexual-crime-.html
The Rape Crisis Centre provides professional support to survivors of sexual violence: https://www.rapecrisishelp.ie/ . Call the 24-hour helpline: 1800 778 888 or drop into a local service for information and support: https://www.rapecrisishelp.ie/find-a-service/
The HSE National Counselling Service is available nationwide. Branches are listed on this site. Self-referral is possible: https://www.hse.ie/eng/services/list/4/mental-health-services/national-counselling-service/
Samaritans is a charity which provides emotional support 24 hours a day by telephone, email, face to face, SMS and letter for people who are in distress, struggling to cope and who are in need of emotional support, including those who are feeling suicidal. Freephone the 24-hour helpline: 116 123 https://www.samaritans.org/ireland/samaritans-ireland/
If you have affected by homophobic and/or transphobic violence, you can also freephone the National LGBT Helpline on 1800 929 539 (available Monday to Thursday: 6:30pm to 10:00pm/ Fridays: 4:00pm to 10:00pm/ Saturday and Sunday: 4:00pm to 6:00pm). Check out more supports: https://lgbt.ie/our-services/
The telephone counselling service linked to the National Counselling Service is detailed on the following site. It is free and funded by the HSE: https://connectcounselling.ie/
“Your Mental Health” has a good directory of services online with general mental health advice. Click on the “abuse” tab to get more specialised services: https://www2.hse.ie/mental-health
SIPTU negotiates for and campaigns with workers and citizens who suffer various forms of discrimination and disadvantage, workers who are on low pay and low incomes, who are poor, marginalised or socially excluded for whatever reason: https://siptu.ie/services/equality/
The Workers’ Rights Centre, established by SIPTU provide informed advice over the phone, and where necessary, represent workers in employment tribunals and other legal settings. Contact their confidential information helpline on: 1890 747 881
TUSLA – Child and Family Agency, Guidance Notes - Retrospective Abuse Report Form (RARF) November 2017: https://www.tusla.ie/uploads/content/RARF_Guidance_Note_FINAL.pdf
See: https://www.gov.ie/en/campaigns/no-excuses/ for a summary of all the resources available for victims of sexual violence.
Cosc the National Office for the Prevention of Domestic, Sexual and Gender-based Violence is an executive office of the Department of Justice and Equality. Details of organisations providing both national and local services are also listed on: http://www.cosc.ie/en/COSC/Pages/WP08000009

Section 3: Reporting and legal process in Ireland

For information on the process of reporting and what to expect, please see the Rape Crisis Centre’s “Reporting and Legal Process” information page. This page contains information on contacting the Gardaí, Sexual Assault and Treatment Unit’s, reporting to the Gardaí, The Director of Public Prosecutions (DPP), the pre-trial meeting, victim impact statements, pre-trial supports, verdicts, and sentencing. There are also further resources and information located on the left tab of the website page.

The Divisional Protective Services Units:

If you want to report but are unsure, you can also go to “The Divisional Protective Services Units” (DPSU) which support the delivery of a consistent and professional approach to the investigation of sexual and domestic crime. Personnel assigned to DPSUs have been provided with a bespoke training course consisting of a number of modules addressing issues such as: investigation of sexual crime; child protection; investigation of domestic abuse; online child exploitation and sex offender management. This training course has been developed by the Garda National Protective Services Bureau (GNPSB), in conjunction with the Garda College. Call in, or ring your local An Garda Síochána station and ask for details and who to contact from “The Divisional Protective Services Unit”.

In the case of sexual assault:

You do not need to decide immediately whether to report the assault. To give yourself the option of doing so at a later stage, but to ensure you capture forensic evidence that may be very important for your case, you may decide to attend one of six Sexual Assault Treatment Units (SATUs) across the country - find the SATU nearest you.

For more information on Sexual Assault Treatment Units and forensic examinations, please click here.

For further information and support, you can always contact your local Rape Crisis Centre or any of the supports mentioned in section 2.

Section 4: Resources available in the north of Ireland for people seeking advice and support

You can report to Police Service of Northern Ireland (PSNI) – emergency tel. 999 OR if outside UK, tel. 101. See: https://www.psni.police.uk/ for more information.
See Police Service of Northern Ireland (PSNI) “sexual violence and abuse” webpage where you can report an incident and/ or view useful information and support: https://www.psni.police.uk/crime/sexual-violence-and-abuse/
The Rowan Centre deliver a range of support and services to children, young people, women and men who have been sexually abused, assaulted or raped, whether this happened in the past or more recently. Contact their helpline on: 0800 389 4424 or visit their website for more information: http://therowan.net/
Nexus NI offer services and support to people who have been affected by sexual violence in any form. Call the 24 hour helpline: 0808 802 1414 or for more information, tel. 028 9032 6803 http://www.nexusni.org/
LifeLine is the north of Ireland crisis response 24 hour free helpline service for people who are experiencing distress or despair: https://www.lifelinehelpline.info/ tel. 0808 808 8000 . Deaf and hard of hearing Textphone users can call Lifeline on: 18001 0808 808 8000
Women’s Aid offers a range of specialist services to women, children and young people who have experienced domestic violence. Call the 24 hour domestic and sexual abuse helpline: 0808 802 1414, or for more information, tel. 028 9024 9041 http://www.womensaidni.org/
Victim Support NI is an independent charity which offers a free and confidential service, whether or not a crime has been reported and regardless of how long ago the event took place: https://www.victimsupportni.com/ Belfast office: tel. 028 9024 3133 / Foyle Office: tel. 028 7137 0086
NSPCC provides support and help for children, young people or families of young person who has experienced abuse: https://www.nspcc.org.uk/ tel. 0808 800 5000
“Just Us Project” provides support and information for people with a learning disability who have experienced sexual violence and abuse: https://www.justusni.org/

Section 5: Reporting and legal process in the North of Ireland

For information on reporting and the legal process in the north of Ireland, please see Victim Support NI “The Victims’ Journey” webpage.

This page has been designed to help walk you through what might now happen, whether or not you decide to report the crime including information on the Police investigation, the decision to prosecute, pre-trial court visit, attending court and support, victim personal statement, verdict, sentencing, and supports available after court.

In the case of sexual assault:

The Rowan Centre is the regional Sexual Assault Referral Centre (SARC). It provides a forensic medical examination by a specially-trained doctor. The Rowan Centre also provides assessment/ administration of emergency contraception, assessment and treatment for sexual-transmitted infections, emotional support, and referral to counseling or other suitable support services.

For adults, forensic evidence can be stored until you make a decision about whether you wish to report to the police or not.

Contact The Rowan Centre’s 24-hour free helpline on: 0800 389 4424 , or for more information on the services they provide, click here.

For further information and support, you can always contact any of the supports mentioned in section 4.

Section 6: Further Resources for Arts Practitioners on the island of Ireland: Safe to Create and Minding Creative Minds

Safe to Create, launched by Minister Martin in October 2022, is a collaborative programme of supports for artists and arts workers looking to transform workplace culture and practices, and to provide safe and respectful working conditions for those working in the arts and creative sectors. It is managed by Irish Theatre Institute, in partnership with the Arts Council, Screen Ireland and Minding Creative Minds, on behalf of the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.

The planned supports include:

A resource-rich website featuring practical information, guidance, toolkits and templates for artists, arts workers and organisations regarding ‘Dignity at Work’ rights and responsibilities. Safe To Create wants artists and arts workers to know their rights, to have information regarding dignity at work, and to know what services and supports exist when things go wrong.
A Wellbeing and Support Service for victims of harmful behaviours, including one-on-one counselling, access to legal advice and a 24-hour trauma helpline.
A training programme developed specifically for the arts and creative sectors on Dignity at Work issues, including on the topics of tackling bullying and harassment, bystander training, intimacy coordination and more.
A Code of Behaviour that organisations are asked to adopt, developed to enable arts and creative organisations to create workplaces free from bullying, harassment and intimidation of any kind. The Code will be accessible on the ‘Safe to Create’ website, along with a register that organisations and individuals can formally sign.
Workshops to provide information for individuals and support for organisations to utilise and implement the ‘Safe to Create’ supports and Code of Behaviour;
A ‘Report to Support’ anonymous reporting system, designed to provide a facility for those working in the arts and creative sectors to report incidents of bullying, harassment and sexual harassment without the need to identify themselves or disclose sensitive and personal details. Information collected via the “Report to Support” pilot will be aggregated twice annually and will be used to inform the development and delivery of additional Dignity at Work supports. The Safe to Create website will have information on steps individuals can take to make a formal or informal complaint on individual experiences.
A research programme of further study.

Click here to access the “Safe to Create” website.

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The following services are being offered by Minding Creative Minds (MCM) for all arts practitioners:

Dedicated 24/7 Helpline: Access to an experienced team of trained counselors and psychotherapists who can offer short-term intervention and advice covering practical, day-to-day issues that cause anxiety and stress.

Call:

Ireland: 1800 814 244
North of Ireland: 0800 0903677
International: +353 1 518 0277

Or Text/WhatsApp “Hi” to 087 369 0010

Legal Assistance – Consultation with Irish solicitors including those specialised in family law matters, property conveyancing, and criminal law. This provides 30 minutes of legal advice per legal topic per person on a one-to-one basis. If there are further legal issues arising here, MCM have advised that they would be in a position to explore these further.

Similar services are available in the following areas:

Advice on practical, day-to-day issues that cause anxiety and stress.
Financial Assistance & Consumer Assistance – Consultation with qualified financial advisors who can offer advice on household budgeting, borrowing/debt management, retirement planning, saving & investments.
Career Guidance & Life Coaching – Access a panel of career coach specialists for career guidance.
Support for non-Irish nationals & their families – helping to make the transition into the Irish system as smooth as possible.
Mediation Services – Help with disputes in the workplace, or issues related to family business, defective goods & services, building & construction.
Further information on these services and MCM can be accessed here.

These guidelines and resources have been compiled by Joanne Cusack, Deirdre Mulligan, and Kate Barry and published on the 27/7/2020. Updated (18/6/2021), (07/02/2022), and (03/11/2022).