By Sarah Nansikombi.
What evidence is needed to successfully prosecute perpetrators of offence of sexual harassment whether at workplace or not ? Evidence in a broad sense refers to something that furnishes proof of a matter.
In the legal context, it is something legally submitted in court or other decision – making body to ascertain the truth of a matter.
Evidence may take various forms such as oral testimony, videotape, documents, messages, email, recording and other forms of communication.
To prove that you are being or were sexually harassed, you will need evidence indicating that harassment to collaborate or backup your claim.
The evidence will defer from one case to another because sexual harassment takes or manifests itself differently.
The following can be considered as evidence: Records of offensive communication from the harasser, including emails, voicemails, text messages, whatsapp messages, social media communications, screen shots, and others.
A good example is the case of Uganda versus Brian Isiko (Buganda Road Chief Magistrate’s Court before her Worship Gladys Kamasanyu.
Hon Hope Rwaboogo accused Brian Isiko with sexual harassment and he was charged with Cyber Harassment and Offensive Communication. The accused pleaded guilty to cyber harassment and Offensive Communication for his persistent and unsolicited solicitation of the legislator to enter into a relationship with him.
The court took note that the persistent phone calls and love text messages to the victim constituted sexual harassment and had clearly caused the victim a great deal of embarrassment and emotional pain.
But the other evidence can include your complaints and the company’s correspondences (or lack of a response), your employer’s written sexual harassment policies (if any) and testimony from witnesses. The other evidence can be any photos or videos of incidents involving the offender and the victim plus bills and other proof of harassment – related expenses like hotel accommodation receipts etc.
It should be noted that even in the absence of witnesses you can still prove that you have been sexually harassed if you ensure that you follow the proper steps and you are being as credible as you can possibly be.
There is an example of a case where the victim did not have other witnesses but only herself and court ruled in her favour.
In Attorney General versus Florence Baliraine Civil Appeal No.79 of 2003, the respondent sued the Attorney General for wrongful termination after her contract of employment was terminated in retaliation for refusing to offer sexual favours to her supervisor.
In an appeal the Court of Appeal was called to review the judgment on this ground that no sexual harassment was proved. The learned justices of appeal agreed with the trial court which heard evidence of the sexual advances.
They heard and adduced evidence: “ The plaintiff gave a heart rendering account at how the Seta Ssozi for a long time demanded to have a good time with her, how he demanded to have sex with her on the eve of the referendum election day and how he grabbed keys to her home.
They heard how the plaintiff asked for one day leave to pray for salvation and upon her return she was terminated on claims that she had failed to trace a personal fax message to Mr Ssozi’s wife.
The courts also found that the victim had suffered mental torture, embarrassment and inconveniences. Court rightly pointed out that this type of behavior amounted to sexual harassment for which the victim was entitled to damages for the wrongful termination■
Ms Sarah Nansikombi Journalist, Social Critic and Women Rights Activist
