Here's one tip that will guarantee you will never be accused of sexual harassment in the military.
Don't join.
Okay, now that we've got that out of the way, if you have joined, I'm Cody Harnish, UCMJ attorney, and today we are talking about sexual harassment under the UCMJ. What it is and what it is not.
Now, after you watch this video, you should be good to go for your quarterly sharp refresher.
No. Okay. I'm kidding. Obviously, I have nothing to do with that,
Now, in the civilian world.
Sexual harassment is a workplace employment issue, doesn't typically involve or rise to the level where law enforcement gets involved. However, if you're in the military, of course it's different because now in the military, it's been codified to have its own separate Article under the UCMJ making it a criminal offense. That's right.
If you are convicted of sexual harassment in the military, you could become a convicted felon,
And under the new UCMJ Article, it is punishable by a dishonorable discharge and two years confinement, and a felony conviction.
Now, as you can see here.
It's a long legal definition of what sexual harassment is.
So let's break it down Barney style.
Unwanted advances.
This means any repeated or unwelcome advances of a sexual nature.
But the key word there is unwelcomed, inappropriate comments.
Although you think your joke is hilarious and harmless, it can get you some deep water here.
Making sexual jokes. Remarks or comments that make other people feel uncomfortable, qualifies as sexual harassment. We're talking criminal behavior now here, people. Visual displays. Displaying sexual material in the workplace like posters, screensavers, or images.
Can create a hostile environment for your colleagues. For your battle buddies.
Where I see this coming to play most is when people are just scrolling on their phone and they're showing each other memes.
It seems innocent. You didn't create the meme.
You didn't create the joke. You're just showing it because you think it's funny. Well, be careful who you show it to.
And who's around.
Because that might make the person you're showing it to, or the person behind them, or in another person in the office, uncomfortable.
And then they might make an allegation of sexual harassment.
Then we have the most obvious the quid pro quo.
This is when someone uses their position of power to demand sexual favors in return for career advancement, promotion or other benefits.
One example of this is when an NCO tells someone of a lower rank, hey, if we sleep together, I'm going to pass you on your test.
And they accept that is sexual harassment, obviously there is a situation where someone is using a quid pro quo in exchange for this, for that to get a sexual favor.
And that is not only unethical, it is illegal.
So now let's talk about what sexual harassment isn't.
It isn't consensual relationships.
As long as both parties agree and it doesn't violate any fraternization rules, then that generally is not harassment.
But again, I would advise you to meet the love of your life, off post. Okay, that's going to prevent any awkward situations, any miscommunications and any. Misunderstandings from getting you in trouble at work, isolated comments.
One comment might not constitute harassment.
But it's best just to avoid making them.
Generally, one comment not enough.
But if the comment is severe.
You're going to find yourself in hot water.
What else is not sexual harassment? Well, friendly gestures, high fives, handshakes, and non sexual compliments are usually fine as long as everyone is comfortable.
But again in today's world, it's best just to keep your hands to yourself.
Now you might be the most perfect Soldier, Sailor, Marine, Airman and still catch a charge.
Yeah, I said catch a charge.
Like catching a bad cold. You could be going about your business being the most professional and still be accused of sexual harassment. And that's because people sometimes think because they feel a certain way, that it must be true. But guess what? Feelings are not objective truths.
Just because someone feels like you might be coming on to them doesn't make it true.
Now, you might be curious. Well, if they feel that way, isn't perception reality? Well, not in the law again. Feelings don't make an objective truth. And in the law, there must be a requirement of a criminal mens rea. That means a criminal state of mind.
The accused must have actual knowledge that he or she is making a sexual advance or demand or request for sexual favors, or engaging in other conduct of a sexual nature.
So if you find yourself under investigation, know that there is a process. Invoke your rights. Ask for an attorney and fight.
Fight for your career.
And now, because it's criminal. Fight for your freedom.
like, share, comment or follow for more information on military law. And in the meantime, I'm going to keep defending America's defenders.
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