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Complaints of Sexual Harassment

Muhammad Hassan Ilyas English

There is no doubt that Allah has created humans on a certain nature which repeatedly violate by misusing their intentions and becoming enslaved by their desires. Whether it’s the temptation of wealth, power, or superiority in gender, humans fall prey to them and get easily dominated. The expression of all these inclinations should be restricted to their rightful place. Even though the Creator has made adequate provisions in the world for them, if human nature becomes corrupted, individuals fulfill these demands through means that may cause harm to others and lead to their exploitation and abuse.

To sexually harass someone is indeed a despicable act. The heinousness of this action increases even more when the path to registering such complaints in society is also closed off. The study of human history shows that both men and women have accepted this slavery to the dictates and desires of society. Just as an innocent woman has to endure pain after sexual assault, similarly, a man also has to suffer from this torment, like Joseph, who also endured the advances of a woman like Zuleikha.

The organization of society, freedom of expression, and the establishment of state institutions have not only made the prevention of such injustices a part of societal norms, but also heightened people’s awareness of safeguarding their dignity. However, in this era of social media, where news spreads to millions of people in moments, those affected by sexual harassment also have some legal and moral responsibilities, which must be considered to protect their rights.

In recent years, the way sexual harassment cases are dealt with has evolved. When an individual affected by sexual harassment accuses someone, whether it be through media or by law enforcement agencies, the accused’s image and identity are publicly exposed. In our view, this approach is completely wrong.

Accusing someone of sexual harassment is synonymous with diminishing their societal status. The individual, their family, and their acquaintances are all viewed as criminals in society’s eyes. Thus, the case is tried in the court of public opinion, where there are no rules or laws. First, clothes are stripped away, then character assassination begins. One group and its supporters label the other without any conclusive evidence, while the other group and its affiliates keep the accusers at arm’s length, branding them as liars and blackmailers. This unethical practice perpetuates falsehoods, lies, and accusations to the next generations. With time, these lies become historical truths within their circles. Consequently, not only families, institutions, and countries, but entire nations become resentful towards each other.

After the advent of the internet and Facebook, people have gained the courage to speak out against and discuss the heinous act of sexual harassment. However, it is felt that along with societal upbringing, there should also be regular legislation in this regard, and instead of presenting allegations in public courts, they should be brought to relevant forums until logical conclusions are reached.

In our opinion, the following aspects should be considered in societal upbringing and legislation:

Accusing someone of sexual harassment should be considered a punishable offense if it is not done in a relevant department. Until the complainant or the accused is proven guilty, no one should speak about any party. The complainant should be convinced and encouraged to discuss the matter on the appropriate forum. Ordinary people should neither spread such allegations nor publicize them.

Instead of ordinary courts, specialized departments should be established for such allegations, and the department should not be allowed to make the name of the accused public until the crime is fully proven. The same rule should be applied regarding identity of the accuser.

Media and newspapers should feel their social responsibility and refrain from releasing news on such matters through their channels.

For proving the crime, instead of searching for eyewitnesses, psychological analysis should be done based on past records and circumstantial evidence to reach the depth of the matter. Online complaint systems should be established to register cases and protect the complainant from maltreatment.

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Efforts should be made to ensure that if any wrongdoing or violation has occurred, the case should not be made public until a thorough investigation is conducted. Besides legal experts, reputable individuals from society should also be involved in the process to ensure transparent investigations of such sensitive incidents and to clarify the nature of the crime.

Once someone is proven guilty, the complainant or the authorities should announce their identity immediately so that others can be warned, but their friends, family, and relatives should be protected. In the Western world, the record of such people is included into the system so that every institution and authority dealing with the individual know the case.

If an accusation is proven false, then the accuser should face punishment or penalty. The accused should also have the right to announce that someone falsely accused them, which could not be proven.

After the accusation is proven, along with giving physical punishment to the criminal, psychological treatment should also be provided to address their illness so that their condition can be treated, and they can play a positive role in their family and society in the future.

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These recommendations are merely presented as a sample. Experts in this field can further deliberate on this matter.

Incidents of sexual harassment on social media are often heard, and they usually involve well- known figures in society. These incidents capture the interest of the general public, and the entire issue is discussed in a particular emotional atmosphere. These are sensitive and delicate matters that affect people’s lives, so we must prove our responsibility and seek refuge in God, lest one day we become targets of such accusations ourselves and then spend our entire lives justifying our innocence in the court of public and facing their hatred and anger. Therefore, what we desire for ourselves tomorrow, let us start thinking about it for others from today.