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Sexual Harassment

Sexual Harassment: A form of discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

•  Submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, career, or
•  Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person or
•  Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

This definition emphasizes that workplace conduct, to be actionable as abusive work environment, harassment need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive and the victim does perceive the work environment as hostile or abusive.

..."Additionally, officers and enlisted personnel of the Navy or Marine corps will be processed for administrative separation on the first substantiated incident of sexual harassment involving any of the following circumstances: (An incident is considered substantiated if there is a courts-martial conviction or the commanding officer determines sexual harassment has occurred)

1. Actions, threats, or attempts to influence another's career or job for sexual favors; or

2. Physical contact of a sexual nature, which if charged as a violation of the UCMJ, could result in a punitive discharge

Examples of Sexual Harassment

•  Verbal Sexual Harassment Non-Verbal Sexual Harassment
•  Whistling or Cat Calls Unwanted attention to the body
•  Sexual comments about clothing,
•  body, activities Displaying Sexual Visual
•  Personal sexual questions Item depicting sexual parts
•  Telling jokes or stories Sexually suggestive gestures
•  Turning discussions into sexual topics

Penalties

Threatening the career, job, salary:
-Article 127 Extortion
-Article 128 Assault
-Article 134 Communicating a threat

Punishment under UCMJ Article 127

•  Dishonorable Discharge
•  Forfeiture of all pay/allowances
•  Confinement 3 years

Punishment under UCMJ Article 128

•  Confinement of 3 months
•  Forfeiture of 2/3 pay for 3 months

Punishment under UCMJ Article 134

•  Dishonorable Discharge
•  Forfeiture of all pay/allowances
•  confinement for 3 years

Making sexual comments and/or gestures:

-Article 117 Provoking speech and gestures
-Article 134 Indecent, insulting, or obscene language
prejudicial to good order and discipline

Punishment under UCMJ Article 117

•  Confinement for 6 months
•  Forfeiture 2/3 pay for 6 months

Punishment under UCMJ Article 134 - Communicated to any child under the age of 16 years

•  Dishonorable discharge
•  Forfeiture of all pay/allowances
•  Confinement for 2 years
Other cases
•  Forfeiture of all pay/allowances
•  Confinement for 6 months

Observation of Sexual Harassment and neither stopping it or reporting it to the proper authorities

-Article 77 Violation of Principle

Punishment under UCMJ Article 77

•  Dishonorable Discharge
•  Forfeit all pay
•  Confinement 6 months

Making unsolicited or unwelcome physical contact

-Article 120 Rape
-Article 128 Assault
consummated by a battery

Punishment under UCMJ Article 120 - Rape

•  Death or such other punishment as a court-martial may direct.

Carnal knowledge (child age 12+)

•  Dishonorable Discharge
•  Forfeiture of all pay/allowances
•  Confinement for life without eligibility for parole

Carnal Knowledge (child age 11-)

•  Dishonorable Discharge
•  Forfeiture of all pay/allowances
•  Confinement for life without
eligibility for parole

Punishment under UCMJ Article 128

•  Bad conduct discharge
•  Forfeiture of all pay/allowances
•  Confinement for 6 months

If upon child less than 16 years

•  Dishonorable discharge
•  Forfeiture of all pay/allowances
•  Confinement for 2 years

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