Penalties for sexual harassment have existed in the Human Rights Act since its inception in 1981, Women's Advisory Council chairperson Mrs. Kim Young stressed this week.

Mrs. Young was responding to a claim by former member of the Women's Resource Centre steering committee, Mrs. Gay Robinson, that the 1992 Human Rights Amendment Bill offered no incentive for people to report sexual harassment if there were no penalties.

"The Women's Advisory Council and the Human Rights Commission view the offence of sexual harassment seriously and there has been a penalty and procedure in place for this offence since 1981,'' Mrs. Young said.

When a complaint of sexual harassment is lodged with the Commission, it determines whether the complaint has merit, she said. And an officer of the Commission will attempt to settle the matter to the satisfaction of both parties.

Mrs. Young said the Commission may also request a public board or inquiry to investigate the matter.

If a person accused of sexual harassment is found guilty of the offence for the first time, a fine not exceeding $1,000 can be imposed, she said.

A second or subsequent offence could bring a fine of up to $3,000 or a maximum three-month prison term or both.

Mrs. Young stressed that these penalties cover any form of sexual harassment, not only in the work place.

And she noted that sexual harassment is also covered under the criminal code in the charge of "intrusion on the privacy of a female''.

Defining sexual harassment as "deliberate or persistent unsolicited verbal comments, gestures, or physical contact of a sexual nature that is unwelcome by the recipient'', Mrs. Young said the personal affects of this offence were many.

She said it: Destroyed the victim's self-confidence and belief in the right to say `No'; Produced anger in the victim if it was continually treated as a trivial matter or joke; Made a woman conscious of her physical existence and vulnerability; Diminished the victim's efficiency and personal freedom as she planned her work and every day life in order to avoid the harasser; Caused illness and nervous depression; and Made the victim feel that if she complained, she was the guilty one.

Mrs. Young said the proposed amendments would broaden the scope of the Human Rights Act and were "certainly welcomed'' by the Council as a "sensitive reaction to today's liberated society where men and women should be treating each other equally and with respect''.

"The majority of the victims of sexual harassment are female,'' she said.

"And in Bermuda where 52 percent of our Bermudian work force is female and where a large number of households are headed by females who may be in a tenant situation, this broadening of the Act is considered to be a supportive and progressive step forward in the equality of rights for women.

"It is important for employers and managers to establish clear policies and guidelines for acceptable behaviour in the workplace and to make sure that employees are aware of these guidelines and adhere to them.'' Mrs. Young said The Employers Council and the Human Rights Commission had policy guidelines available for any companies or landlords who had not already instituted guidelines.

She also noted that Quebec in Canada had taken an even harder line and recognised sexual harassment as a Workers' Compensation issue.

MRS. KIM YOUNG -- `It's important for employers and managers to establish clear policies.'