余婧律师接受《CHINA DAILY》记者采访

   提到性骚扰，或许大多数人对于受侵犯对象的第一反应就是女性，公司里、交通工具上。。。。。。无处不在的“黑手”让女性苦不堪言，但现实生活中，越来越多的男性也在遭受着来自女性甚至是来自同性的骚扰，就此，余婧律师接受中国日报（CHINA DAILY）记者采访，就这一问题进行了深度点评。

现将全文转发如下： 

记者：对男性实施性骚扰的群体是否更宽泛？

余：  虽然从实际遭受骚扰的个体数量来看受到性骚扰的更多的是女性，但从侵犯群体来说，对男性实施性骚扰的群体确实更为宽泛。

记者：哪些职业以及地点的男性容易遭到性骚扰？

余：  从事商业、服务业的人员更容易受到性骚扰，其中最为突出的是文化娱乐行业。高发地为酒吧、办公场所内的独立空间、公共交通工具上。

记者：男性和女性在遭到性骚扰以后的反应有什么不同？

余：  首先得明确男性遭受性骚扰的形式包括不限于：

1、肢体行为：主要为身体上的骚扰，如在公共汽车上、地铁上，故意紧贴对方的身体，产生肢体上的接触或碰撞等。

2、  电子信息：用手机短信或电子邮件的形式，故意发送黄色文字、黄色图片或黄

色笑话。

3、  语言行为：打电话或两人当面独处时故意谈论有关性的话题，询问个人的性隐

私、性生活。

4、 图片使用：两人独处时故意给对方观看黄色图像或限制级录像带等。

5、 同性骚扰：男性在公共洗手间、公共浴室等区域，容易遭到来自同性的肢体接

触或语言挑逗等骚扰。

6、视觉骚扰：有意见认为，女性穿着过于暴露，对男性造成视觉骚扰。

相比女性，男性遭到性骚扰后除部分选择刻意保持距离外，整体而言反应与女性相比有以下不同：

反应一：不主动、不拒绝、不明确表示异议。此种反应多针对女性骚扰者，但此种反应会导致骚扰方进一步实施骚扰，男性此种反应要小心以后自己陷入不利的境地。

反应二：明确表示拒绝或提出抗议。此种反应多针对同性骚扰者，但此种反应可能当下或事后遭到对方的报复。

反应三：暴力或软暴力反抗。比起女性的“隐忍”，男性被性侵犯者容易采取较为激烈的措施，有针对骚扰直接反抗演变成恶性故意伤害事件的；有采取破坏对方名誉等的“软暴力”手段。采取此类不当维权或过度维权的方法，往往让男性被“性骚扰”者由受害者变为加害人。

记者：遇到这种情况应该如何正确地保护自己，如何取证？

余：  男性防范性骚扰的自我保护意识基本都是欠缺的。取证工作较为困难，其中可以留意取得的证据包括：电子信息的留存；公开场合的骚扰注意收集目击者的证人证言。

记者：有法律途径可循吗？

余：  前我国法律中明确对“性骚扰”予以保护的还是在《妇女权益保障法》中，所以男性的反性骚扰维权还是在法律真空状态。

记者：采用法律途径官司胜诉的几率高吗？

余：  被性骚扰者采取法律手段维权，往往因为证据不足承担了败诉的后果，其中男性受害者成功维权的案例是少之又少。刑法等法律的规定对于大量存在的一般的性骚扰形式并不适用；而《治安管理处罚条例》又偏向于公共场合性骚扰甚至女性被性骚扰的处罚，对隐蔽环境中的性骚扰缺乏有效的惩处；而进行民事诉讼最困难就是举证。如果是文字、图像、电子信息的“性骚扰”行为，证据是容易留存的，而对于语言、肢体行为，被骚扰者的举证是很困难的。

记者：职场性骚扰起诉的对象应该为公司还是施加性骚扰的上司或同事？当事人容易因此被开除吗？

余：  应列施加性骚扰的上司或同事为被告。在我国法律未明确公司应制定对员工的“反性骚扰”方面的制度并确保实施的前提下，列公司为共同被告缺乏法律上的依据。不得不承认，有些公司为了避免公司出现负面新闻会做出开除当事人的不合法行为。如当事人有充足证据证明本人确实受到来自上司或同事的“性骚扰”，被开除后可以提起劳动仲裁的方式进行自我权利救济。

记者：男性如何避免受到性骚扰？

余：  首先，在公共场所注意保持与同性及异性的适当距离；其次，在办公场所跟上司或同事交流时最好选择开放区域或非密闭空间；

再次，注意自己言行，不主动发送该类信息、进行涉性类话题交流；

最后，除男女均会遭遇的性骚扰情形，男性针对比较特殊的来自的同性的骚扰可以采取某些措施提前防范，如出入酒吧等公共场所及公共洗手间、浴室时最好结伴而行；本人注意着装、言行及出入的场合，不会给对方不正确的导向。

记者：您接受过相关的案例或者咨询吗，迄今为止有过几例，哪种情况居多？

余：  我们接受过的相关咨询较多，但直接受男性被骚扰者委托进行诉讼的案件目前还没有。

第一,因为这里有证据取得的问题,一般都只发生在两个人之间,基本没有录音录像证据，没有目击者,或即使有目击者,也常常不敢冒险作证。

第二,是受害者自己的顾虑,因为很多骚扰是上级对下属的,往往是胁迫,如果你不接受,你就有可能会被降职降薪等等,但是如果你接受了,你就可能会受到一些关照。

第三,我们社会对性骚扰的问题不是很宽容,很多人认为,为什么他不骚扰别人,而要骚扰你呢?很多人不是去同情和理解,而是首先去质疑，甚至用一种异样的眼光看待受害人。当事人会考虑如果站出来,社会带给他的伤害可能要比骚扰本身的伤害更大,所以不愿意起诉。

接受的咨询中，被上司或同事骚扰居多，其中被同性骚扰呈上升趋势。

最后，我们呼吁尽快出台有关“性骚扰”的具有实践操作性的法律规定，并直接对男性遭受“性骚扰”的权利救济途径进行明确约定，以便当事人维权时律师不会因“无法可依”面临困境。

Men also suffering harassment

By Huang Yuli (China Daily)

Updated: 2010-06-29 09:41

As the temperature rises in the summer, so too do the hemlines as people peel off their clothes to keep cool. And, when people start wearing less, the incidences of sexual harassment shoot up sharply along with the mercury. While women are the most likely victims of such unwanted attention, many people forget that men too can become targets. Zhang Yuan (not his real name), an office worker in the sales department of his enterprise, said he has twice had to deal with unpleasant incidents involving women on a crowded bus.

Zhang's office in Shangdi, Haidian district, is nestled among countless hi-tech companies and he lives in Huilongguan, one of the most populated communities in Beijing. Buses between the two places are packed with people at peak hours.

"Once, an incident involved a woman in her 40s who stood in front of me," he said. "She kept getting closer to me until she was almost leaning on me. I thought the bus was too crowded until I realized the woman was swaying her hips against me.

"I was disgusted and I tried to lean backwards as much as possible but it was way too crowded so I got off the bus."

He added that the woman looked "hideous".

He said another incident involved a woman standing behind him who kept rubbing her breast against his back.

"It was so crowded that I even didn't have the chance to find out what she looked like," he said.

According to Zhang, his roommate, a computer engineer who worked in Zhongguancun, also had a similar encounter.

"He rushed into the apartment one day after work with his face blushing fiercely and began to criticize a woman. I asked what had happened, because this guy had a mild temper, and he told me he was taken advantage of by a woman on the bus on the way home, who not only made 'moves' on him but grabbed his genitals as he got off the bus," Zhang said.

"I never saw his face that red."

In an online survey from sina.com, 1,896 netizens were asked about their experiences. Some 49.4 percent said that they had been sexual harassed and 24.8 percent said something happened but they were not sure whether it should be classified as sexual harassment.

Of respondents, 38.6 percent said public transport was the place where sexual harassment was most likely to take place.

Compared to the incidents on the bus, Peter (not his real name) had an even more serious incident because it caused him to leave his job.

The harassment came from his boss, who casually touched his hand, back and other parts of his body and who invited him out.

"It was nasty," he said. Peter chose to quit the job as the situation continued and became more serious.

"The man had the power," he said.

While Zhang and his roommate shared their experiences with others, Peter tried to keep his to himself.

"If a woman says she was taken advantage of, others sympathize but if it is a man, people might think you are showing off," he said.

In the same survey, 43.7 percent said "the harassment is acceptable if the woman looks pretty".

Lin, an office worker in Shanghai who had been in US for many years, told METRO he would consider it as the proof he had charm, if the harassment came from female.

According to a report in the Shanghai-based Youth Daily, a senior analyst surnamed Jin at Dell Company was fired following harassment from his female boss.

After he was sexual harassed by the woman for four years and after the company didn't take effective action, the man mass mailed more than 50 colleagues asking for back up.

Dell terminated his labor contract after the mass mailing due to "disruption of working order". Later, Jin sued the company.

His appeal was rejected by the People's Court in Shanghai's Changning district. The judicial explanation was that he should have settled the case through appropriate means and that mass mailing colleagues was extreme.

Yu Jing, partner of Beijing Yingke Law Firm and a well known domestic lawyer with marriage and family affairs, said that women take up more cases in sexual harassment, but men are harassed by a wider group - by both women and men.

"From the enquiries our firm has received, in most cases the harassment is from boss or colleagues, and man-on-man cases showed an upward trend," she said.

She added that compared to women, men are more likely to refuse or protest. There were cases that victims took measures in inappropriate or even violent ways.

To avoid being sexual harassed, Yu said it's important to keep a distance from both women and men in public places, and communicate with your boss or colleagues in open spaces. Besides, it's necessary to avoid sending out suggestive information with erotic photos or sexual words.

China has not got a law protecting men from sexual harassment. The Law of the People's Republic of China on the Protection of the Rights and Interests of Women only provides protection to women.

CHINA DAILY

详情请关注：http://www.chinadaily.com.cn/metro/2010-06/29/content_10033304.htm