Written by: Devi Ramnarine, Attorney-at-Law
It often begins quietly; a comment in the office hallway; a hand that lingers too long; or a threat disguised as a joke. This conduct is often dismissed by employees and employers alike as trivial, insignificant, or worse, as “part of the work culture”. In truth, this is the beginning of something serious, sinister, and potentially criminal.
We are often told that the first step to reclaiming our safety and dignity is to speak up. After all, we are exercising our rights. But how far do those rights go and what should you expect as an employee who pushes back against this culture of sexual harassment?
- Recognising Conduct for what it is: Criminal or Casual?
At the outset, it is important to note that there is no singular offence termed “sexual harassment” in Trinidad and Tobago. However, some of the behaviours that persons describe under that label can be classified under the Sexual Offences Act of Trinidad and Tobago or the Offences Against the Person Act of Trinidad and Tobago.
For example: an employee who has penetrative sex with an employer because he threatened to fire her can constitute rape under section 4 of the Sexual Offences Act; a co-worker forcing another co-worker to have oral sex with them even where no penetration happens can constitute grievous sexual assault under section 4A of the Sexual Offences Act; a co-worker groping you while making lewd jokes or unsuspectingly kissing another co-worker without consent can constitute indecent assault under section 15 of the Sexual Offences Act; and a co-worker exposing his private parts or worse at a work party can constitute serious indecency under section 16 of the Sexual Offences Act. Where these actions are accompanied by threats of violence or unwanted shoving, for example, that can constitute assault and battery under section 30 of the Offences Against the Persons Act.
Beyond these legal remedies, it is important to study your employer’s internal policy and guidelines to determine whether your workplace has specific codes of conduct and specific actions which they deem as “harassment” or otherwise worthy of investigation and disciplinary action. This will guide you on how to navigate any such situation that may arise; whether to file a grievance or specific form with your employer’s Human Resources department or whether to book a consultation with a criminal law attorney at the earliest.
In any event, employers have a common law duty to provide a safe place of work and not conduct themselves in a manner likely to damage the relationship of trust and confidence with their employees. If that trust and confidence is broken by virtue of some form of sexual harassment and you file an official complaint against your employer or a fellow employee, you are entitled to be officially informed of the outcome of the complaint by the institution before any further action is taken. And to be sure, if the matter reaches the Courts, whether the alleged perpetrator agrees with your view of his/her actions is quite irrelevant to the determination of the matter. Rather, what is important to a Court is the unwanted nature of the actions, the relative positions of authority between the parties within the organisation and the degree of seriousness of the actions alleged. For the most favourable results, it is important that you ensure that when you allege sexual harassment, you properly plead your case.
- What to Expect Next: From Reporting to Trial
Outside of their respective organisations, many employees stand unaware or unsure of what happens after they report sexual harassment to the authorities. Knowing the process in advance can help to prepare employees (and/or survivors) for the journey ahead. Let’s break this down.
Your first priority is safety and preservation of evidence, if any. Write down what happened while it is still fresh in your mind: dates, times, words used, where it occurred, and who might have seen or heard what occurred. Try as best as possible to save any clothing or messages related to the incident. However, if you have already showered or deleted messages, do not be discouraged; you can still make the necessary report. Tell someone that you trust and consider obtaining legal advice early as an attorney-at-law can help you frame your report and perhaps protect you from retaliation.
You may lodge a report of the incident at any police station in Trinidad and Tobago. You will be cautioned by an officer before your sworn statement is taken; this will ensure that the statement is not only accurate but admissible in Court. If the perpetrator is someone who is known to you, you may not be required to undergo an identification parade; your description of the perpetrator’s physical appearance and identifying details should be sufficient. After your report is made, the police officers will conduct their investigations, including taking statements from any witnesses, securing digital evidence if available, and referring you for a medical examination.
The police officer(s) may issue a medical form to you, which is to be completed by a District Medical Officer or any “government doctor”. Where there was penetration, evidence such as swabs, fluids, and injuries are documented via a rape kit. However, for indecent assault or harassment without penetration, a medical examination may not be required, but psychological effects can nevertheless be documented. After reviewing the whole of the evidence before them, the Legal Officer or DPP (depending on the nature of the matter) may authorise the relevant charges to be laid.
If a criminal charge is laid against the perpetrator, you will necessarily be required to attend a court hearing. Such a hearing will be conducted “in-camera” (aka closed proceedings), which means that attendance is limited to the Judge/Magistrate, the respective parties, attorneys-at-law, and essential court staff. This aids in protecting your identity as the employee/survivor (called a complainant when the proceedings are filed) as you have a right to such protection under law. In fact, the publishing of a complainant’s identity by the authorities, or the media generally, is a criminal offence in Trinidad and Tobago.
If you do choose to pursue your claim via the courts, prepare yourself for the reality that this process takes a significant period of time. Investigative needs, forensic backlogs, judicial backlog, and simple scheduling of court matters may stretch the journey longer than expected. But it is important not to lose hope or let delays make you doubt your strength or the value of your voice. Every step you take is part of holding others accountable and standing up for your rights. Justice may move slowly, but your courage in pressing forward is already a powerful victory. Even in difficult moments, remember that you are not alone, and every action you take affirms your dignity and resilience.
- What to do when conduct does not amount to a criminal offence?
Naturally, not every incident will fit a criminal offence as described above, but that does not mean that you have no remedy outside of the criminal court system. The Equal Opportunity Act of Trinidad and Tobago prohibits discrimination and victimisation of employees based on, among other things, sex. In certain circumstances, sexual harassment may be recognised as a form of sex discrimination which can be addressed via this means.
If you choose to invoke the jurisdiction of the Equal Opportunity Commission and Tribunal, you can lodge a complaint with the Commission within six (6) months of the alleged incident. The Commission would then investigate the complaint and attempt conciliation. If the matter is still unresolved at this stage, the matter may be referred to the Equal Opportunity Tribunal, which is empowered to award compensation, declare employee rights, order policy change and training, and penalise victimisation.
For best results, ensure that you keep careful records of any detriment or prejudice or conduct you may be facing, especially after making a report of the incident(s). This can include sudden negative appraisals, transfers to inconvenient shifts, isolation from team meetings, all of which may constitute unlawful victimisation. It is important to note, however, that not all employers may fall within the ambit of what was contemplated by this legislation. It is important to seek legal advice for your specific situation as all cases are unique.
Additionally, if the employer’s failures are profound, common law claims may arise, for example breach of the implied term of mutual trust and confidence, negligence via failure to protect, or even constructive dismissal. Each example given herein has its own procedures, remedies and timelines. As such, professional legal advice is prudent.
- No One Heals Alone: Why Support Systems are Crucial
The law in Trinidad and Tobago recognises and punishes many forms of harassment. But the truth is that laws cannot themselves provide comfort or strength to survivors of sexual harassment. Research shows that survivors often step away from justice not because their story lacks merit but because the journey itself is exhausting. This is why building a strong support system is just as important as filing a case in court. Support, whether from family, friends, colleagues, NGOs, or trusted professionals, is what helps you endure the long road to justice.
The good news is that you don’t need to wait for the perfect systems to be in place. There are steps within your control that can ease your burden and safeguard your rights. Here are some practical steps to guide you as you begin:
- Write things down, even when they feel heavy. We know that trauma can blur details over time so keeping a contemporaneous small note can carry great weight later on. Keep emails, texts, and screenshots. These records are more than evidence; they are a way to honour your truth.
- Report to the relevant authorities when you feel ready (but do not wait too long). Early reporting, whether to your employer or the police, can preserve evidence. However, if you delay reporting due to fear, shame, or feeling overwhelmed, this does not make your report any less valid. It just makes you human.
- Take care of yourself – body and mind. If you were assaulted, seek medical attention for the physical harm and counselling or psychological attention for the mental, emotional and psychological harm. If the public sector is inundated, try connecting with NGOs that may be able to connect you to faster help. While our front-line professionals may not have the training in trauma-informed practices as they do in Canada for example, you can nevertheless ask the professional supporting you to treat you with the same care and patience.
- Utilise workplace policies wherever possible to secure immediate or interim protection for yourself while you pursue legal relief. For example: asking for a change in your work shift, moving to a safer work station, or taking disciplinary actions. While these protections are not required by law as it is in Jamaica for example, you can still press your employer to act responsibly.
- Seek to protect your own confidentiality. If your name is leaked, document it carefully and seek legal advice. Whilst Trinidad and Tobago may not have strict prohibitions on workplace retaliation or state-funded rehabilitation as in Lebanon for example, you should keep close track of how people treat you after reporting an incident(s) so that you can act quickly if retaliation begins.
- Stay alert to online conduct and developments. Our law in Trinidad and Tobago does not criminalise the release or threats to release intimate images as in the Philippines for example, where such threats are a crime and workplaces are obligated to provide complaint desks. Here, your best course of action is to save every message, screenshot, or email and seek legal advice on potential civil claims.
- Choose someone to walk beside you. You should not have to face this alone. While the UK has Independent Sexual Violence Advisors (ISVAs) to guide survivors through every step, it may be necessary to create your own version of this in Trinidad and Tobago by choosing a trusted person – whether that is a lawyer, counsellor, colleague, family member, or friend – to help you manage information, keep records, navigate tough situations and remind you that you are not walking this path on your own.
- Hold on. The legal process may well take years. During that time, it is likely that you may see the perpetrator at work, in your community, or in court. Certainly, these moments are painful, but they do not erase your courage. If this poses a serious concern to you, ask your lawyer about “special measures” which can lessen the strain. Overall, surround yourself with support and remember that persistence is power; the longer you hold on, the harder it is for the system to ignore you.
Sexual harassment is never trivial. It undermines both your safety and dignity. While the path to justice may be slow, choosing to speak up affirms your strength and helps to shift the existing workplace culture around sexual harassment. Remember that you are not alone and your voice matters.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Persons affected by sexual harassment or related misconduct are encouraged to seek assistance from a qualified attorney-at-law or the appropriate authorities for guidance on their specific circumstances.
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