‘Whispers from the Bush’
The Workplace Sexual Harassment of Australian Rural Women
PhD Candidate: Ms Rachel Skye Saunders
Supervisor: Professor Patricia Easteal, AM
Acknowledgements
This Thesis is a work of the heart. It would not be possible were it not for strong women- women who were not afraid to give voice to their vulnerability, transforming it into hope with their bright courage and strength.
Sharing a story of humiliation is not without pain, because it requires the re- awakening of events that can cause the soul to bleed. In the course of this research, women pushed beyond this pain and bled to share their stories with me- a stranger from a different town. I would first like to thank every woman who trusted me with her story and revealed her heart’s anguish in the course of this project.
I would also like to thank every woman who looked after me practically on my journey to rural and remote pockets of Australia- the women who offered me home-cooking and cups of tea and beer; the women who let me sit with them on their verandahs as they searched their hearts for experiences to share; the women who drove me to tucked-away places because they did not want me to get lost; the women who, at the end of an interview, phoned friends and colleagues in other rural towns to generate their interest in the project. I would like to say thank you from the bottom of my heart for your beautiful generosity.
In particular, this Thesis would also not have been possible without two of the strongest women I will ever know- my beloved late mother and my treasured
i late grandmother. Even from heaven, they have whispered words of love and strength in my ear as I have worked on this project.
From an early point in my life, my grandmother, Meems, taught me to love the bush and its people, and my own identity will forever be shaped by her example.
In my memory I see her; she has made a batch of Honey Jumbles for the shearers from the Women’s Weekly Cookbook and is now adding a stitch or two to the
Last Supper tapestry she has been working on, musing all the while about what to make next for the church bake sale. Through her cooking she nourished stomachs and souls on the land and she was loved for her gentle practicality and endurance. She did all of this even whilst undergoing dialysis for kidney failure— twice-daily conducting the dialysis ritual herself from a tiny room in the homestead which had been transformed into a clinic in which she was both doctor and patient. Yes, my late grandmother was the embodiment of resilience at its shining best and I would like to thank her for teaching me about this by simply living her life.
My beloved mother, Sandy, was also deeply connected to the bush (having lived in the New England area and in Central Western NSW for most of her life). It was my mother’s bush garden that is featured on the front page of this Thesis- and the image of the stone woman surrounded by bush has inspired my heart as I have written this work.
In the rural space, my mother was known to embrace people with an unprecedented tenderness and warmth. She lived to tend to the bruised of spirit
ii and to encourage the brokenhearted- even throughout the ordeal of her own battle with breast cancer. My mother passed away from secondary breast cancer in the course of this Thesis journey. She did know of this research project before she died, though, and was radiantly proud of the work. It is true to say that I still have regularly engaged in dialogue-of-the-heart with her in completing this project. I would like to thank my mama for the silver string that binds us—still.
My beautiful supervisor and friend, Patricia, has supported me with unending patience and encouragement throughout this journey. In the course of this thesis
I have welcomed two children, but have also lost my mother and been divorced.
Patricia has walked with me throughout all of these circumstances and has encouraged me not to lose sight of the completion of this work along the way. I am blessed to have been supervised and mentored by Patricia and to have collaborated with her on many research projects. Above all, though, I would like to thank her for inspiring me to bring this Thesis home!
I would also like to thank my treasured friends—in particular Margie Rowe,
Moira Murray, Vivien Holmes, Tracey Mylecharane, Anneka Ferguson, Jorgie
Gormon, Kim Kaufhold and Lauren Rowley—for being my gals through it all. I would especially like to thank Jess Kennedy for being my ‘soul sister’ throughout this journey—thank you for being a bright, guiding star, Jess! Thank you also to
Gary Tamsitt who has supported me in countless ways over the years and to whom I am truly grateful.
iii To my dear family members who have offered both their love and their practical help in the course of this work—thank you. I must name three others in particular who have been there for me in extraordinary ways. Uncle Bruce, thank you for putting out the “Coo-ee!” for me amongst your rich networks up north.. and thank you for helping me understand that my own car is not a 4WD in advance of me having tested that out. Beccy, thank you for taking me to the homes of beautiful people in the Top End—including your own. You are a treasure, Bec. Renee, thank you for driving across Western Australia with me and helping me to appreciate all manner of safety implications along the way! I am blessed to have you in my life, Nee… you are precious.
To darling Lou-Lou- since my first steps, we have walked together on this journey. We have laughed until we cried and cried until we laughed. Together, we search the stars for heaven from the back steps at night and hear the voices of our loved ones through the others’ musings. I love you to pieces, Mousie. xx
To Ben, thank you for supporting me when I travelled the nation for this project and single-handedly kept Telstra afloat in consequence of a year’s worth of phone calls to remote locations. You are (and have always been) an exceptional father to our children and I am so grateful for that. Thank you also for our re- developing friendship over time— this means a lot to me.
To my darling Dad: words cannot express how eternally grateful I am to have you as my father. Your gentleness and strength have been my constant foundation for my whole life and I have relied on your stable platform as I have
iv grown over the years. Your leadership in the rural space is something that I have observed with deep admiration ever since I can remember, Dad, and I have been proud to have heard people say of this work “You are your father’s daughter!”
Thank you for your unconditional love and your wisdom- (because “Daddies know!”)
I would like to thank my sister, Heidi (my Roosies) for being my best friend.
Thank you for listening (and listening some more... and some more), for adoring me with your whole heart, for comforting me, for laughing with/ at me and for being ‘my person’. As mum used to say, “You are a beautiful little encourager, my darling!”- and you are. I wish I had the words to tell you what you have done for me over the years, Heid, but Jo March says it all, really:
“Don’t be such a beetle! I could never love anyone as I love my sister!”
To my little pearls—my Summer Rose and Samuel Benjamin: your Mummy loves you all the way to the moon and back and forever after that.
Sammy (my ‘Mr Beetle’): Since your very first night on earth, I knew that my life had become somehow magical because I had a son. Little did I know how right I was! My Sweetie Beetie, my heart is so full when I watch you at kindy morning line-up and see you whisper something impishly to one of your little mates. In fact I have processed a lot of my reading about ‘mateship’ through observing you interact with other 5 year old ‘blokes’. (Speaking of, I am so proud of the Formula
1 game which you and your mates have devised- and that when you had a ‘crash’
v this week and skinned your knee, the ‘safety car’ (Marcus) was quick to the rescue, shouting “Go, go, go!” to get you back in the race)! I love the littleness of you as I see your long eyelashes (your ‘brooms’) rest at night. You make me so proud, my extraordinary little Samuel.
Summy- you are my Sumshine, my only Sumshine! I live for the beauty of all that you are and all that you will become. Thank you for travelling the outback with me, Summy, when you were a very tiny girl (we will always remember our first
‘girl’s adventure’ to the heart of Australia)! Thank you for being closer to my own heart than humanly possible- and for filling life with memory, music, joy (and the odd little episode of Total Drama Island! ;)) When you were smaller, you would say “Mum, we are so ‘bon-nected’!” (your word for ‘connected’). You are right,
Summy- we are more bonnected than any mummy and daughter can be. You are my heart on legs, my first born Rose.
And finally, to my Craig- my ‘Dreaming Tree’. Through the mystery of time, I do feel that I have known your heart my whole life and I know the truth in Professor
Bhaer’s words:
“Your heart understood mine. In the depth of the fragrant night, I listened with
ravished soul to your beloved voice. Your heart understood mine.”
I would like to thank you, my Darling, because in loving you, I am filled with the gift of joy. The ‘fit’ of your spirit and my own is a treasured mystery and I am so grateful to God for the fire that it brings to our every day. Thank you for being
vi the Love of My Life. In the context of this work, thank you for reading my work and for enduring my miffiness when you have gently suggested some minor changes (!) Thank you for bringing me to live in the bush again... with our Tree of
Life and our glasses of wine as the sun sets. Thank you for making me pancakes for breakfast and platters for lunch and roasts for dinner. Thank you for dreaming with me and for then making those dreams a reality. I love you beyond all words. Always, your Angel Mouse.
------
I have come to understand the true wisdom in my mother’s constant refrain as she battled breast cancer:
‘It’s not what happens to you but the way that you respond that truly
counts.’
It is my hope that women who have been harmed by sexual harassment in remote areas will also be encouraged by my mother’s words, discovering renewed strength as they respond to their own suffering.
************
vii
Abstract
This Thesis examines the nature and prevalence of workplace sexual harassment in rural and remote areas of Australia. To this end, interviews were conducted with a total of 107 rural employees and employers across Australia about their experiences of gendered harm in the workplace and their attitudes towards its occurrence. Other complimentary research techniques were also implemented in this Thesis, including a comprehensive judicial case analysis of sexual harassment matters heard in Australia throughout a five-year period.
The key findings in this Thesis span areas such as:
- the impact of male-dominance on the nature and prevalence of sexual
harassment within the workplace;
- - the survival behaviours adopted by many rural women in response to
sexually harassing behaviour; and
- - employee and employer attitudes towards the disclosure of sexual
harassment.
In the final chapters, the Thesis makes recommendations for addressing the prevalence of- and attitudinal problems towards- rural workplace sexual harassment.
ix
Table of Contents
Chapter One: Reduced to Silence…………………………………………..1
Chapter Two: Listening to the Distant Whispers…………………..21
Chapter Three: The Dramatic Backdrop of the Bush and Gendered Harm Within It…………………………….….69
Chapter Four: “It’s All A Bit Different Out ‘ere..” : Special Characteristics of the Bush and their Effects on Reporting Rates……...... 95
Chapter Five: “When the Boys Come Out to Play..”: Sexual Harassment in Australia………………………...... 117
Chapter Six: “So Help Me God”: A Comparison of (Un)Successfully Litigated Sexual Harassment Complaints from Rural and Urban Australia……………………………………………………..139
Chapter Seven: “Fit in or F$%# Off!”: The (Non) Reporting of Sexual Harassment in Rural Workplaces……..163
Chapter Eight: “Just the Boys Havin’ Fun!”: The Nature, Pervasiveness and Manifestations of Sexual Harassment in Rural Australia…………………….185
Chapter Nine: “Stripping Off the Layers..”: The Complexities of Sexual Harassment in the Australian Bush Workplace…………………………………………….………217
xiii Chapter Ten: “A New Coo-ee!”: An Australian Bush Transformation……………………………………………245
Chapter Eleven: Conclusion: From Whispers from the Bush to Voices of Hope……………………………………………….271
Bibliography:………………………………………………………………………...285
Appendix One: ………………………………………………………………………307
Appendix Two: ……………………………………………………………………..311
Appendix Three:……………………………………………………………………313
Appendix Four:……………………………………………………………………..323
xiv CHAPTER 1
Introduction: ‘Reduced to Silence’
..I had to ask for access to a bathroom once a month because I had my period! So eventually instead of access to a bathroom, they got me access to a Toyota so that I could drive away to a toilet. So the entire crew knew exactly when I was cycling every single month. And.. they used to piss in the connecting pipes for me to discover when I got back from the drive. And looking back on it now I also realise that the blokes were also pissing on my boots when I was gone- I see now but at the time I was just so confused and baffled by it all. And then eventually one day I realised and I just thought- yeah. When you are living away from home and you are 19 and you are trying to get the guys to like you- it is amazing what you will accept. And then during all of this there was this guy who was being really lovely and helpful and friendly at work. And then on my last night as we walked back to our rooms from dinner at the camp he grabbed me and pulled me into a storeroom and raped me. So… [pauses for tears]…And after, he just said that he didn’t want his wife and children to know…
- Female miner, aged 21
This recollection of one fly-in/fly-out miner well captures the human impact of escalating sexual harassment (through to rape) in a remote workplace. Aged twenty-one at the time she was interviewed for this study, the employee spoke about how, when aged nineteen, she realised that she was the only female in the vicinity of a remote mine and mining camp. The miner’s expression of confusion and bafflement about how to respond in these isolated circumstances demonstrates the limited reach, effectiveness and protection of written law such as the Sex Discrimination Act 1984 (Cth). The incidents described above were not reported to police or anyone else. The female miner carried on with her job, although in a state ‘reduced to silence’.
1 The above account is just one of many uncovered by this study. Drawing upon
107 interviews conducted with rural employees and employers about their experiences and observations of sexual harassment, this study shines a light upon a phenomenon largely hidden or minimised by silence, distance and an atmosphere of ‘saturated masculinity’. In effect, this Thesis seeks to give voice to these ‘whispers from the bush’ and to begin a dialogue about practical solutions.
Central Argument- A Cultural ‘Epidemic’
This Thesis argues that there is a cultural epidemic of sexual harassment in rural Australian workplaces which must be addressed by supporting rural workplaces in realising relevant provisions of the Sex Discrimination Act 1984
(Cth) and by effectuating broader rural cultural change. The findings of this study warrant the epithet, ‘cultural epidemic’. The word ‘epidemic’ is used figuratively to capture the sense of sexual harassment as a debilitating condition (as with a disease) that has grown and spread to the point of excessive prevalence within particular communities. The epidemic is ‘cultural’ in the anthropological sense of ‘culture’ as ‘the customs, ideas, and social behaviour of a particular people or group’.1 Accordingly, this Thesis contends as a general proposition that sexual harassment has become so entrenched in rural
Australian workplaces - to the point of acceptance as a cultural ‘norm’ of behaviour - that urgent, remedial action must now be taken to provide women with the safe workplaces to which they are, by law, entitled.
1 William R Trumble and Alex Stevenson, Shorter Oxford Dictionary, (Oxford University Press, 2002).
2
More particularly, fuelled by the tradition of male dominance in the Australian bush and entrenched norms that accompany this tradition,2 women who are sexually harassed in rural workplaces face particular complexities that are unique to the rural lifestyle. These complexities create barriers to disclosing sexual harassment in accordance with the Sex Discrimination Act 1984 (Cth) and its state counterparts. Consistent with generally low national reporting statistics, this research shows that the majority of rural participants are likely to endure incidents of sexual harassment, lest they be seen to ‘make a fuss’.
This tendency for women to accept patterns of sexual harassment serves to further entrench the cultural norm to the point where bizarre behaviours become normalised in rural workplaces, thus making sexual harassment less easily identifiable by rural employees generally. Indeed, one unanticipated, even surprising, finding of this study is the extent to which female co-workers were prepared to blame the female victims of sexual harassment. Confounding this process of entrenchment even more is the unconcerned attitude of rural employers toward workplace sexual harassment that is unearthed by this research.
2 Margaret Alston, Rural Male Suicide in Australia, (2012) Social Science & Medicine 74 515, 517.
3 Supporting the central argument are key empirical findings from the 107 interviews3 that form part of this study. Of the 84 rural women interviewed,
73% reported having experienced unwelcome, sexualised behaviour in their workplace. For women within this cohort who were employed in the agricultural industry this figure was even more alarming, with 93% reporting having experienced sexual harassment. 70% of women in the study also described having observed a female colleague suffering from incidents of sexual harassment in the workplace.
Yet, against the backdrop of this widespread suffering, the vast majority of employers in this study (85%) indicated that sexual harassment is an issue best ignored. 80% of the employer cohort also suggested that women must take at least some responsibility for their own suffering of unwelcome and unwanted sexual harassment in the workplace. The female employees in this study were not oblivious to these employer attitudes, however, with 60% indicating that there was a ‘blame the victim’ mentality associated with sexual harassment in their workplace.
Framed in this way as a cultural epidemic, the central argument of this Thesis is not so much focused upon law reform per se, as upon the ineffectiveness of
‘good law’ when the entrenched sub-cultures of rural workplaces work so
3 Of the 107 interviews conducted, 84 were with rural/ remote female employees. 23 interviews were with rural/ remote employers (of either gender).
4 powerfully against its application. Accepting this proposition is the first necessary step towards generating practical solutions.
Having illustrated the human impact of the harm of sexual harassment in rural workplaces and having stated my argument and key findings in general terms, this Introduction now seeks to:
• demonstrate how this Thesis makes an original contribution to
scholarship;
• identify the gap in the current state of academic literature which is to
some extent filled by this Thesis;
• situate the Thesis within the wider context of Australian law and amplify
some key concepts, such as ‘sexual harassment’, ‘gendered harm’,
‘rurality’, and ‘bush’; and
• outline the structure supporting the central argument and findings, as
represented by and developed within each chapter of this Thesis.
Original Contribution- Giving Voice to the Whispers from the
Bush
This Thesis makes an original contribution to scholarship in four main ways.
First, since there have been no published studies to date focusing upon the nature, pervasiveness and reporting of sexual harassment in rural Australian workplaces, this Thesis seeks to contribute towards filling this gap within the wider body of literature concerning workplace sexual harassment. Similarly, this Thesis extends to exploring employer attitudes towards sexual harassment
5 in rural workplaces. This particular topic has also not been the focus of any other major study in Australia. The next section of this chapter lends further detail towards situating this Thesis within the wider body of relevant academic literature.
Second, by applying the methodology described and justified in detail in chapter two, this Thesis contributes empirical data to the existing body of knowledge about workplace sexual harassment. In short, this dataset includes:
• a statistical and analytical survey of 68 adjudicated workplace sexual
harassment cases heard across Australia between 2005 to 2010; and
• quantitative and qualitative data derived from 107 in-depth interviews
conducted across rural Australian areas with (a) female employees; and
(b) male and female employers.
Third, this Thesis makes an original contribution by offering an interpretation and explanation of the empirical findings which draws upon gender and legal theory, history and socio-economic literature concerning the Australian bush, as a setting separate and culturally distinct from the metropolitan centres. In particular, it offers an account of the impact of rurality - geographical isolation, small town social dynamics, lack of support services etc - on the nature, prevalence and reporting of sexual harassment which, in turn, has implications for how best to redress this problem.
Finally, and in drawing together the various contributory threads described above, this Thesis formulates a list of practical recommendations for redressing
6 - or at least ameliorating - the serious problem of sexual harassment within rural Australian workplaces. Consistently with those threads, these recommendations are mainly framed around proposals for effecting cultural change in rural workplaces.
The Gap in Literature on Sexual Harassment in Rural Australia-
The ‘Fragility of Power’
The existing body of academic literature tends to focus upon the phenomenon of sexual harassment generally and, beyond this, rural women only tend to be the subject of specific attention in the context of violent crime - most particularly sexual assault and domestic violence.
The wider phenomenon of workplace sexual harassment is a matter of topical interest and public debate in Australia at the present time. For example, such behaviour has come to light and been exposed to review and scrutiny in the male-dominated Australian Defence Force Academy (ADFA). 4 In a recent investigation of the predominant AFDA culture, the Australian Human Rights
Commission reported the figure that 74.1% of ADFA servicewomen have been
4 Phase Two of the Review into the Treatment of Women in the Australian Defence Force Academy and the Australian Defence Force, Australian Human Rights Commission, (released 22 August 2012). 7 the target of unacceptable gender or sexual-based harassing behaviour.5 It is known that in that space, sexual harassment becomes a tool for sexualising the workplace and maintaining women’s status as ‘outsiders’ through sexual threats and propositions.6 However, the dearth of scholarly attention upon the phenomenon of rural workplace sexual harassment is perhaps partly explained by the observation that the traditions of scholarship have ‘stylised representations of the country’7 to perpetuate the myth that rural communities are relatively violence-free by romanticising them as places of ‘unquestionable moral virtue’.8 Whilst there have been studies of related areas of gendered harm (such as domestic violence or sexual assault) in rural areas conducted by researchers such as Kerry Carrington, Russell Hogg, Margaret Alston and Sarah Wendt,9 5 Phase One of the Review into the Treatment of Women in the Australian Defence Force Academy and the Australian Defence Force, reporting on the results of the 2011 ADFA Unacceptable Behaviour Survey .(3 November 2011) https://defencereview.humanrights.gov.au/report-review-treatment-women- australian-defence-force-academy. 6 See, eg, Susan Martin and Nancy Jurik (2007), Doing Justice, Doing Gender (SAGE Publications, Second Ed, 2007) 72. 7 Joseph Donnermeyer, John Scott and, Elaine Barclay,: ‘How Rural Criminology Informs Critical Thinking in Criminology’, (2013) 2(3) International Journal for Crime, Justice & Social Democracy 69, 80. 8 K Carrington, in E Barclay et al, Crime in Rural Australia (Federation Press, 2007), 88 (citing S Lockie, S 2001, ‘Rural Sociological Perspectives and Problems: A Sociological History’, in S Lockie & and L Bourke [(eds],) Rurality Bites: The Social and Environmental Transformation of Rural Australia [(Pluto Press, 2001]). 9 See works such as: Russell Hogg and Kerry Carrington, Policing the Rural Crisis, 2006, Federation Press; Margaret Alston, Women on the Land — The Hidden Heart 8 there is an absence of literature on the specific issue of sexual harassment and its impact in the rural context. Indeed, it is this neglect of aspects of rural law and sociology that has led some scholars to conclude that ‘violence in rural societies has remained an invisible other’. 10 Carrington explains that the widespread invisibility of rural harm unfolds in part because ‘where and when it does occur is far less likely to attract police or public attention, outside intervention and official recognition and hence remains relatively invisible to those who live in and outside rural communities.’11 There are clear parallels between the motivation underpinning acts of domestic violence (e.g. domination, fragility of power, control and influence over others)12 and what we know about the factors that motivate males to sexually harass (domination, retaining power and control, etc).13 And there has been some work which suggests strong trends of gendered violence in rural areas. For example, Carrington suggests that, ‘while the data is patchy, somewhat inconsistent and relies on reports of crimes to the police’, the highest rates of of Rural Australia, 1995, University of NSW Press; Breaking Through the Grass Ceiling — Women, Power and Leadership in Agricultural Organisations, 2000, Overseas Publishers Association; Sarah Wendt,,Domestic Violence in Rural Australia, 2009, Federation Press. 10 Hogg and Carrington, above n 9, 147. 11 Carrington cited in Barclay et al, above n 8, 88. 12 Sarah Wendt, ‘Why Doesn’t She Just Leave? The Realities of Escaping Domestic Violence’, The Conversation (7 August 2014) 13 John M Robertson, Tough Guys and True Believers — Managing Authoritarian Men in the Psychotherapy Room (Routledge, 2012) 13–14. 9 violent crime such as sexual assault have consistently been in rural Australia.14 Recent studies also reveal a ‘consistent pattern of higher rates of alcohol consumption and consequent harm within regional and rural Australia than in urban areas.’15 Indeed, it is frequently the case that ‘the further from the metropolitan capital the higher the per capita rate becomes for violent crimes, such as assault, domestic assault and sexual assault.’16 The above conclusions are drawn upon and extended by this Thesis, which seeks to lend greater visibility to a phenomenon (workplace sexual harassment) which potentially recedes into darkness in the bush heartland of Australia. In effect, this Thesis aims to shatter the silence surrounding the experience of sexual harassment in rural Australian workplaces - for both the rural employee and for the rural employer. If, as Carrington contends, the incidence of gendered harm (such as domestic violence or sexual assault) is increased with geographical isolation 17 , then why might this be so? Does the nature of gendered harm - including sexual harassment - have particular qualities or challenges that might call for means of redress different from what conventional wisdom might suggest? The relevant literature is surveyed in more detail below, most especially in chapters three, four and five of this Thesis. 14 Carrington in Barclay et al, above n 8, 88. 15 P Miller et al, ‘Review of Rural and Regional Alcohol Research in Australia’ (2010) 18(3), Australian Journal of Rural Health (AJRH) 110. 16 Carrington in Barclay et al, above n 8, 88, 89. Note that this pattern was broadly indicative for Queensland, New South Wales, South Australia, Western Australia and to a lesser extent, Victoria. 17 Ibid. 10 The Concepts of ‘Sexual Harassment’ and ‘Gendered Harm’ ‘Sexual harassment’ is a legal concept which was initiated into Australian law some 30 years ago, with the introduction of the Sex Discrimination Act 1984 (Cth) (the ‘SDA’) and later in State and Territory counterparts. Section 28 (1) of the SDA provides as follows: s 28(1) Sex Discrimination Act 1984 (Cth) ... a person sexually harasses another person (the person harassed) if: (a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or (b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed; in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated. The Australian Human Rights Commission (AHRC) provides a simple overview of ‘sexual harassment’ as incorporating ‘any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated.’18 18 AHRC, (2012) 11 Sexual harassment is a ‘gendered harm’, which means that it is a behaviour primarily experienced by women and perpetrated by men.19 Section 106 of the SDA renders an employer vicariously liable for any acts of sexual harassment by an employee in the course of their employment. The SDA makes it clear that, for vicarious liability to apply, there must be a requisite ‘connection’ with the perpetrator’s employment. The employer is also able to avoid vicarious liability by ensuring that all ‘reasonable steps’ are taken to prevent the employee from engaging in acts of sexual harassment (these provisions are explained and developed in more detail in chapter five). Patricia Easteal lends further depth to the above definition of sexual harassment by framing this phenomenon as a form of ‘emotional violence’, which is ultimately intended to cement bonds of power, authority and control.20 She explains that ‘a male dominated workplace is often redolent with gender based harassment’.21 In this context, Thorpe and Irwin propose a ‘continuum of violence’22- a spectrum of behaviours designed by men to gain and maintain dominance over women in social situations. Acts of sexual harassment may be 19 See, eg, Joanna Brewis and Stephen Linstead, Sex, Work and Sex Work — Eroticising Organisation (Routledge Publications, 2000) 84. 20 See generally, P Easteal, Less Than Equal: Women and the Australian Legal System (Butterworths, 2001). 21 Ibid 162. 22 R Thorpe, and J Irwin (eds) (1996) Women and Violence — Working for Change, (Sydney: Hale & Ironmonger, Sydney, 1996) 5. 12 categorised as part of that continuum,23 with relatively low-level disturbances (e.g. gazing at a woman for too long in a workplace) at the less ‘serious’ end, and culminating with acts of indecent touching, sexual assault or rape at the other - as captured by the quotation from the miner victim with which this chapter began. Given what we understand about the tradition of masculinity in rural Australia, these feminist notions are of particular significance and enrich the backdrop for the study of sexual harassment in rural workplaces. Indeed, this links with the categorisation of ‘rural women’ as among the kinds of people for whom ‘invisible barriers’ perpetuate powerlessness24 - and for whom discrimination and marginalisation can be a daily reality: Throughout the world women experience discrimination based on race, ethnicity, sexuality, ability, age, class and so on. Indigenous women, refugee women, women living in rural or remote areas, women in institutions or detention, women living in armed conflict, lesbians, women with disabilities, older women - all experience different forms of discrimination resulting in experiences of exclusion or marginalisation [emphasis added].25 Culturally and historically, however, there has perhaps been no group of Australian women more accustomed to the sense of being ‘outsiders’ than Aboriginal Australians. Traditionally, Aboriginal people were ‘less admired than 23 Liz Kelly, Surviving Sexual Violence (Polity Press, 1988) 103. 24 Anne Summers, Damned Whores and God’s Police (Penguin Boooks Australia Ltd, 1994), 66. 25 Thorpe and Irwin, above n 22, 10. 13 bushrangers’ and whilst ‘Aborigines were pacified- emasculated’, Aboriginal women ‘became sexual objects.’26 The implications of the collisional effect when an Aboriginal woman’s gender and cultural heritage combine in the context of bush relationships warrants specialised focus which is outside of the scope of this thesis. However, a number of Indigenous women have been interviewed in the course of this research in the hope that some insight into the real impact of sexual harassment for Indigenous women can be established. The Concepts of ‘Rurality’ and ‘The Bush’ ‘Rurality’ is an indefinite concept,27 broadly applied towards distinguishing geographical areas with low population density from metropolitan, urban and large regional centres. A technical definition of ‘rural’ is developed in chapter two, in the course of explaining the methodology adopted in this Thesis. The ‘bush’ of the Australian imagination has continually been enhanced over time by literature, painting, popular music, films, foods28 and memory, resulting in a kaleidoscopic national visualisation: In so many Australian people’s heads there are scraps of these stories- the phrase ‘I love a sunburnt country’ is mixed up with an image of a painting of a bloke shearing a ram, and this sits next to a 26 Barclay et al, above n 8, 5. 27 Ibid 3. 28 See, eg, Commonwealth of Australia 14 memory of a teacher reciting a Banjo Patterson verse or a crowd at a sporting match roaring ‘Waltzing Matilda’.29 This evocative ‘bush’ notion is also established in detail throughout chapter three. ‘No Place for a Woman’- Masculinity and the Bush Construct ‘Masculinity’ is celebrated as being the essence of rural spirit. It ‘is typically constituted in rural sites and spaces as visible marker of strength, courage and power, in familiar symbolic representations of the farmer, the frontier settler, the hunter, the stockman and the cowboy’30 and this tradition remains a powerful force. To a large extent, Australian rural mythology continues to revere the time-honoured culture of male dominance as a norm which is ingrained in daily rural life.31 This is a critical component in the lens through which rural women’s experiences must be considered. Through this lens, it is also recognised that the challenges associated with rural living ‘require examination with particular reference to the histories of violence associated with the rural frontier, the masculine view of farm labour and the patrilineal inheritance of rural property.’32 29 Catriona Elder, Being Australian — Narratives of National Identity (Allen & Unwin, 2007), 181. 30 Hogg and Carrington, above n 9, 164. 31 See, eg, Hogg and Carrington, above n 9; Barclay, et al, above n 7; Sanjay Sharma and Susan Rees, ‘Consideration of the Determinants of Women’s Mental Health in Remote Australian Mining Towns’ (2007) 15, Australian Journal of Rural Health (AJRH) 1, 4. 32 Barclay et al, above n 8 1–2. 15 Combined with this observation of the male as being the strong and powerful force of the bush, there is a well-documented ongoing and romanticised regard for rural Australia as being the realm in which old-fashioned values can thrive.33 On the one hand, this conjures notions of the bush as being a relaxed, laid back environment, uncomplicated by the rapid progression of sociological developments such as might be the focus of workplaces in metropolitan counterparts. On the other hand, this means that rural and remote workplaces may be more likely to perpetuate the stereotypical patterns of male dominance, female inferiority and associated patterns of sexual harassment which may have become entrenched over time as a cultural norm. Indeed, Jamieson and Wendt have identified the rural culture as one which ‘favours men’s domination over women,’34 a reality which again, renders women ‘deeply, if unconsciously, impoverished by this dominant cultural characteristic.’35 If the above is a fair and accurate representation of bush culture, then it is surprising that the phenomenon of sexual harassment in rural workplaces has until now, at least, remained such a large gap in the academic literature. In any 33 See, eg, Stephen Alomes, When London Calls — The Expatriation of Australia Creative Artists to Britain , (Cambridge University Press, 2000) 5. 34 S Jamieson and S Wendt (2008) ‘Exploring Men’s Perpetrator Programs in Small Rural Communities’ (2008) 18(1). Rural Society [Online Ed) 39. 35 Miriam Dixson, The Real Matilda — Women and Identity in Australia, 1788– Present, (UNSW Press, 1999) 12. 16 event, a more comprehensive review of relevant and related literature is performed in chapter three of this Thesis. The Bush Tapestry- Thesis Structure The Introduction has situated this Thesis within the wider context of academic scholarship, Australian discrimination law and the setting of the Australian bush. The Introduction will finally outline the structure of the argument and research findings (as represented by and developed within each chapter of this Thesis): Chapter Two: Listening to the Distant Whispers – explaining the methodology; Chapter Three: The Dramatic Backdrop of the Bush and Gendered Harm Within It- framing context by reviewing literature about the Australian bush tradition, masculinity and related gendered harm; Chapter Four: “It’s All A Bit Different Out ‘ere..”- Special Characteristics of the Bush and their Effect on Reporting Rates- framing context by reviewing literature about the complexities of rural life which make disclosing gendered harm particularly difficult; 17 Chapter Five: ‘When the Boys Come Out to Play..’: Sexual Harassment in Australia– framing context by exploring the meaning of sexual harassment and its manifestations; Chapter Six: “So Help Me, God”: A Comparison of (Un)Successfully Litigated Sexual Harassment Complaints from Rural and Urban Australia- reporting findings about the nature of sexual harassment in different contexts, drawn from an analysis of Australian case judgments; Chapter Seven: ‘Fit in Or F$%# Off!’ The (Non) Reporting of Sexual Harassment in Rural Workplaces’ - reporting findings about the low incidence of disclosure of rural sexual harassment, drawn from in-depth interviews with rural employees and employers; Chapter Eight: “Just the Boys Havin’ Fun..”- The Nature, Pervasiveness and Manifestations of Sexual Harassment in Rural Australia- reporting findings about commonly experienced types of sexual harassment and its pervasiveness, drawn from in-depth interviews with rural employees and employers; Chapter Nine: “Stripping off the Layers” - The Complexities of Sexual Harassment in the Australian Bush Workplace - reporting findings about the survival mechanisms necessary for working everyday in the male- dominated rural workplace, drawing on interviews with rural employees and employers; 18 Chapter Ten: “A New Coo-ee!”- An Australian Bush Transformation- canvassing recommendations for the (re)-education of three specific groups- rural men, rural employers and rural women- about sexual harassment as ‘harmful’ and striving for its elimination; Chapter Eleven, Conclusion: ‘From Whispers in the Bush to Voices of Hope’ – summarising the messages in the “Whispers from the Bush” research by drawing all research threads together, weaving findings with recommendations. In turning next to the methodology of this Thesis - most particularly how the ‘whispers from the bush’ were generated and captured as a vital contribution to scholarship - it is important to keep in mind that: ‘..a voice is a human gift; it should be cherished and used…Powerlessness and silence go together’.36 36 Margaret Atwood, A Disneyland of the Soul, as discussed in Margaret Atwood- Vision and Forms, Kathryn VanSpanckeren & Jan Garden Castro, 1988, Board of Trustees Southern Illinois, 5. 19 CHAPTER 2 Listening to the Distant Whispers A Tapestry of Voice — Methodology As explained in the previous chapter, this Thesis aims to fragment the silence surrounding the experience of sexual harassment in Australian rural workplaces. In particular, the Thesis elucidates the nature, pervasiveness and reporting of sexual harassment in rural Australian workplaces. It also examines the impact of cultural forces in the bush that weaken the effect of Australian legislation as a regulator of the gendered harm. Consistent with the suggestion that ‘often the best and most innovative research uses both qualitative and quantitative approaches’,1 this Thesis employs both of these methodological research styles, combining both quantitative and qualitative analysis of in-depth interviews with elements of traditional doctrinal research and an intensive review of relevant literature.2 This chapter explains and justifies the four interwoven methodological threads which, taken together, generate the conclusions and recommendations of this Thesis. 1 Gary Bouma and Rod Ling, The Research Process (Oxford University Press, Fifth Ed, 2004) 168. 2 Terry Hutchinson, Researching and Writing In Law (Lawbook Co, 2006) 95. 21 First, the foundations of this Thesis are primarily dependent upon qualitative methodological technique to effectively give voice to the quiet ‘whispers from the bush’. Indeed, by conducting a total of 107 in-depth interviews with rurally and remotely located participants - including both employees and employers3 - it emerged that there was ‘not one overriding reality but that reality is situational and personal, and may vary between individuals and between situations.’ 4 By virtue of this primary research method in particular - and the depth and quality of voice to which expression is given - this Thesis makes an original contribution to the existing literature on sexual harassment. The process for generating this material is explained below and the data is presented in chapters six, seven, eight and nine.5 Secondly, quantitative research methods and analysis are applied towards capturing a type of statistical ‘national snapshot’ of workplace sexual harassment as rural women know it to be. In particular, chapter five reports on a case analysis of Australian 3 The Committee for Ethics in Human Research (CEHR) approved this research on 12th July 2011. 4 Hutchinson, above n 2, 91. 5 Findings from this data fieldwork have also been published in the following book chapter and papers: Skye Saunders and Patricia Easteal, ‘“Fit In or F$%! Off!”: The (Non) Disclosure of Sexual Harassment in Rural Workplaces’ (2012) (special ed) International Journal of Rural Law and Policy 22 judgments in sexual harassment matters conducted with Professor Patricia Easteal,6 as further explained below. In addition, quantitative methods are applied towards identifying key statistical threads from within the interview sample described above. Thirdly, the quantitative case analysis described above necessarily extends to a doctrinal review of the treatment of sexual harassment within Australian courts and tribunals. Case evaluation, and the interpretation of the Sex Discrimination Act 1984 (Cth), is vital towards establishing the rights and limits of the law available to the victims of sexual harassment. Finally, extensive secondary research on the concept and nature of gendered harm in the rural Australian context - and the cultural qualities and differences of rural Australia more generally - is examined towards lending necessary context and depth to the analysis and conclusions of this Thesis. This background research is presented in chapters three, four and five of this Thesis. The definition of ‘rural Australia’ is central in defining the parameters and contribution of this Thesis. This ground is mapped next, before amplifying and explaining each element of the methodology as outlined above. 6 Patricia Easteal and Skye Saunders, ‘“Did Ya Win?”' The (Un)Successful Rural Workplace Harassment Complainant" (2011) 10(2) Canberra Law Review (CanLaw Rw 19) 84. 23 ‘Headin’ Out Woop-Woop’: The Perimeters of ‘Rural Australia’ It is important to explain the definition of ‘rural Australia’ adopted in this thesis, particularly in view of the elusiveness of commonly agreed definition7 and recognising that it is ‘constructed differently by different people’8 as described above. Margaret Alston emphasises that this definition is additionally complex because of the vastness of Australian geographical areas and the relatively sparse population distribution across much of its space.9 This is amplified by Michael Woods who surmises: The varied functions and meanings that have been attributed to rural space have made the rural into an ambiguous and complex concept. The rural is a messy and slippery idea that eludes easy definition and demarcation.10 Similarly, Barclay et al observe that: Rurality is a considerably more unstable, diverse and fragmented phenomenon than is commonly perceived. There is no absolute and definitive distinction between either the conceptual or geographic boundaries of urban and rural areas, or metropolitan and non- metropolitan areas.11 7 See, eg, E Barclay et al, Crime in Rural Australia (Federation Press, 2007) 1. 8 Sarah Wendt, Domestic Violence in Rural Australia (Federation Press, 1999) 15. 9 Margaret Alston, ‘Globalisation, Rural Restructuring and Health Service Delivery in Australia: Policy Failure and the Role of Social Work?’(2007) 15(3) Health & Social Care in the Community 195, 196. 10 Michael Woods, Rural (Routledge, 2011) 1. 11 Barclay et al, above n 7, 3. 24 Hogg and Carrington highlight that the range of rural definitions is the product of the many viewpoints of authors, each of whom have specific reasons for being concerned with the definition in the first place: Economists tend to treat land use- primary production and particularly agriculture- as being of central importance. Demographers and planners may be more concerned with population numbers and densities as these affect service provision. Political scientists on the other hand are more likely to be interested in the administrative coding of rural space. And so it goes.12 Wendt indicates that the definitions of ‘rural’ can be classed according to ‘population, occupation, socio-cultural characteristics and more recently post-modern influences.’13 These overarching definitions are briefly described in turn below, with special consideration afforded to the exploration of ‘social constructions of rurality’ because the widely accepted view is that a social construction of rurality is the most appropriate way in which to consider the rural space.14 Of course, there is a need for a clear and functional working definition of ‘rural’ to move away from this ‘messy and slippery idea that eludes easy definition and demarcation.’15 In other words, ‘a line must be drawn somewhere, and statistical 12 Russell Hogg and Kerry Carrington, Policing the Rural Crisis (Federation Press, 2006) 2. 13 Wendt, above n 8, 10. 14 Paul Cloke, ‘Rurality and Otherness’ in Paul Cloke, Terry Marsden and Patrick H Mooney (eds), Handbook of Rural Studies (SAGE Publications, 2006) 447. 15 Woods, above n 10, 1. 25 comparisons of police and other data remain useful’,16 although Barclay et al caution that: ..the exact distance that designates what places are remote and the exact number of people that distinguishes rural from urban are based on somewhat arbitrary criteria, and demonstrate yet another limitation of ‘official’ (crime) data.17 Race et al agree, further indicating that the inherent problem with the categorisation of ‘rural’ by population is that ‘some towns may be classified as rural based on population size, density or location, but still have ready access to many facilities owing to their proximity to major population centres.’18 In light of these obvious complexities in capturing the definition of the rural, some scholars like Robyn Mason still prefer to define ‘rural’ as being anything that does not fall within the definition of ‘metropolitan’. 19 This definition was essentially adopted in this research project to provide a relatively simple springboard from which to examine rural trends, although with the caveats referred to earlier in this chapter. 16 Barclay et al, above n 7, 3. 17 Ibid. 18 G Luck et al, Democratic Change in Australia’s Rural Landscapes: Implications for Society and the Environment, (Springer Publishing, 2011) 4. 19 Robyn Mason (2008) '“Do Everything, Be Everywhere”: Feminist Support Services for Women in Australia “ (2008) 23(58) Australian Feminist Studies, 485. 26 The Definition of ‘Rural’ in this Thesis In this Thesis, ‘rural’ is defined as an area at least 30kms outside of outer boundaries of an ‘urban’20 centre, with relative dispersal of residence on relatively large parcels of land and with generally less than 50,000 people. It is also important to note that the research engages a series of ‘population cut offs’ in recognition of the nuances between very remote areas and communities of relatively low rurality. These population categories are as follows: High rurality = 0 – 5000; Average-high rurality = 5001 – 15000; Average ruality = 15001 – 30 000; Average-low rurality = 30 001 – 50 000; and Low rurality = > 50 000. As Figure 2.1 shows, about half of the workplaces from which the participants in this study derived have been deemed as ‘high rurality’: 20 ‘Urban’ is defined in the Macquarie Dictionary (Macquarie Library, revised 2nd ed, 1987) as ‘Pertaining to a city or town’. 27 Figure 2.1: Workplaces and Degree of Rurality (n=101) Percent, High, 50.5 Percent, Average-High, Percent, Percent 18.8 Average-Low, Percent, 15.8 Average, 11.9 Percent, Low, 3 Within the boundaries of this definition of ‘rural’, the following chapter - ‘The Dramatic Backdrop of The Bush and Gendered Harm Within It’ - lends depth by celebrating the place of rurality in the Australian national story. Chapter three also explores the place of ‘gender’ in that context, with a particular focus on the interplay between the masculine and the feminine in day-to-day bush interactions. The Quietest Whisper – Sharing through Qualitative Method As foreshadowed above, most central to this Thesis is the adoption of a qualitative methodological technique which effectively gives voice to the quiet ‘whispers from the bush’. Feminist research celebrates providing women with a ‘voice’ and encourages them to ‘tell their stories and their situations.’21 The role of the feminist researcher is- at least in part- to enable women to ‘challenge the dominant males who oppress them by limiting their own knowledge and understanding.’ 22 Within the feminist 21 Pranee Liamputtong, Researching the Vulnerable — A Guide to Sensitive Research Methods (SAGE Publications, 2007) 10. 22 Ibid. 28 methodology, the qualitative, in-depth interview technique is regarded as an appropriate means through which to explore experiences with the required degree of sensitivity.23 This nature of interview is designed ‘to be a personal and intimate encounter in which open, direct, verbal questions are used to elicit detailed narratives and stories.’24 Therefore, in the spirit of presenting a complete narrative, the 107 in-depth qualitative interviews were conducted with two separate cohorts. The first cohort was comprised of 84 rurally based employees and the second cohort was comprised of 23 rurally- based senior managers/ employers - and both of these categories are amplified below. Reflecting the central significance of this methodological approach, most of the balance of this chapter addresses aspects including: - interview techniques; - age and gender of participants; - occupational backgrounds; - practical logistics; - sample selection; - interview locations; - impressions of the cohort; - length of interviews; - preserving anonymity; 23 See, eg, Patricia Easteal and Louise Mc Ormond-Plummer Real Rape, Real Pain (Hybrid Publishers, 2006). Qualitative research methods were employed in this examination of traumatic individual experiences of sexual assault. 24 Barbara DiCicco-Bloom and and Benjamin F Crabtree, ‘The Qualitative Research Interview’ ((2006) 40 Medical Education 314, 317. 29 - storing the data; - interview content and process. Interviewing Technique In line with the abovementioned fundamental objectives of feminist research, one of my central goals as a researcher was to be kind and sensitive to the needs and vulnerabilities of those whom I interviewed. In-depth interviews generally involve ‘a face-to-face and a one-on-one interaction between a researcher and a respondent’25 and central to the notion of the in-depth interview is the aim of seeking ‘to build the kind of intimacy that is common for mutual self disclosure.’26 In approaching the interviews - particularly those with rural employees who were in a position of relatively low power in the workplace - I was aware that the exploration of workplace sexual harassment might generate emotional responses such as worry, anxiety, grief, shame, horror, anger, pain, resentment or even delayed forms of post-traumatic stress. This is ‘because it is so disturbing to recall a traumatic event and to encounter a less able self.27 I was acutely conscious that courage, trust and strength are required of the victim who speaks out- and ‘to be willing to share the memory with others, to expose a 25 Liamputtong, above n 21, p 96. 26 Ibid. 27 J Wood, ‘Naming and Interpreting Sexual Harassment: A Conceptual Framework for Scholarship,’ in ‘Gary L Kreps (ed) Sexual Harassment Communication Implications’ (Speech Communications Centre/Hampton Press, 1993) 22. 30 less able self to others, and to speak in public about what has for so long been unspeakable demand even more courage'.28 Given the real risks attached to re-telling traumatic experiences in the course of the in- depth interviews, I was aware of the importance of implementing appropriate precautionary measures to ensure that the risk of harm was minimised. There is an array of literature which focuses on ways of doing this but it is commonly advised that: Researchers might consider including in requests for participation statements that acknowledge the potential for psychological harm as well as ones that actively invite participants to cease participation at any point in the research process. Cautionary statements such as these both protect researchers from recriminations if participants do experience unanticipated harm and provide appropriately ample warnings to participants themselves.29 I adopted this suggestion in my interview ‘Participation Statement’ and ‘Informed Consent Form’ (reproduced in Appendix One and Appendix Two respectively) as described later in this chapter. Also of particular relevance was the work of Pranee Liamputtong which emphasises the importance of being aware of the ‘doubly vulnerable’ in the course of interviewing. She suggests that certain groups ‘may also experience several factors that diminish their autonomy and marginalise their lives. Their vulnerabilities are then double.’30 It 28 Ibid. 29 Liamputtong above n 21, 22. 30 Ibid. 31 was therefore of special importance to be sensitive and aware in interviewing Indigenous women about their experiences of sexual harassment, taking into account cultural values, beliefs, understandings and norms. The work of Patricia Easteal and Anthony Hopkins was useful in developing an understanding of cultural communication sensitivities in interviewing women from Indigenous backgrounds. For example: …direct questioning, fact finding and impartial/ impersonal communication styles come at the expense of a more trusting and sensitive environment in which the women can feel safe enough to disclose.31 This approach is consistent with the general over-arching methodology adopted by qualitative interviewers, which is ‘to try to be interactive and sensitive to the language and concepts used by the interviewee, and they try to keep the agenda flexible.’32 The Age of Innocence? The Age and Gender of the Participants I required that the rural employees interviewed be female (but not necessarily the employers/ senior managers) because sexual harassment is a gendered harm, as explained in the introduction to this Thesis and also in chapter five. The employer/ senior manager cohort was mixed-gender. It should be noted, however, that the 31 Patricia Easteal and Anthony Hopkins, ‘Women and Criminal Law: Defences to Homicide’ in Patricia Easteal (ed) Women and the Law in Australia (Lexis Nexis Butterworths, 2010) 111. 32 Nicky Britten , ‘Qualitative Interviews in Medical Research’ (1995) 311 British Medical Journal 251, 252. 32 impact of an employer/ senior manager’s gender on their responsiveness to sexual harassment was not a primary focus of this study. I also required that employee participants be between the ages of 16-60. Whilst the age of 60 is outside of the age group which is normally associated with sexual harassment trends - with some studies indicating that younger women are far more likely to experience sexual harassment33 - I felt that there was a good possibility that women in this upper age bracket might have witnessed sexual harassment in the workplace and perhaps also have experienced it. I also realised that older women might also be well placed to discuss the changes to the experience of sexual harassment in their observations over time. The Job Description- The Varied Nature of Occupational Backgrounds in this Study Interview participants originated from a variety of occupational backgrounds, levels of skill and education and were selected for interviews in order to gain a varied and extensive picture of the experience of sexual harassment in rural workplaces. There were three primary reasons why it was considered important that participants from varied occupations be approached for interviews. These reasons were as follows: 33 See, eg, Paula McDonald and Kerrian Dear, ‘The Incidence and Patterns of Discrimination and Harassment Affecting Working Women in Australia’ (2008) 22(1) Women’s Studies Journal, 37, 42. 33 1) It was considered that a sample which included various occupational types, levels of skill, educational backgrounds and cultural backgrounds would enable interesting cross-tabulation of variables and more meaningful quantitative analysis;34 2) A varied sample would facilitate some comparative analysis of the impact of male dominated environments and traditionally ‘female’ working environments; 3) On a practical level, the gathering of interviewees across a range of rural communities was simplified to a large extent because there was no requirement that a willing interviewee had to be employed in a certain occupational area. A National Pin-Board- The Practical Logistics: As previously described, in-depth interviews were conceived as being a method of capturing personal accounts of gendered harm in rural Australian workplaces, with a view to then piecing those accounts together to form a representation of the manifestation of sexual harassment in rural Australian areas. It was decided early in the project that the aim would be to conduct interviews with approximately 50 female employees from rural workplaces across Australia. It was also decided early in the project to aim to conduct interviews with approximately 50 senior managers/ employers from rural workplaces across Australia. 34 See, e.g., Pete Greasley (2008) Quantitative Data Analysis Using SPSS- An Introduction for Health and Social Science, Open University Press, 61-62. 34 In fact, a total of 107 participants were interviewed in the course of this research- a sample of 84 rurally located employees and a sample of 23 rurally located senior managers/ employers. Interviews took place in every state and territory except the ACT. The 107 participants were interviewed from a total of 101 workplaces: 31% of workplaces were in NSW and 28% in Western Australia. These interviews took place with rural employees and employers from all over Australia between June 2011 and December 2011. The Bush Telegraph- Generating Interest in the Research: In essence, the modern-day equivalent to the old ‘bush telegraph’ was utilised for the recruitment of participants, through the use of social networking tools such as Facebook, through email and also through word of mouth. Initially, rurally located friends, families, colleagues and old school acquaintances were contacted through Facebook and were invited to circulate news of this research in their respective workplaces, social networks, church groups, school committees and so on. People were invited to share my personal email address and Facebook details so that any interested and willing participants could make contact with me about arranging an interview. This process saw a natural ‘snowballing’ in the number of potential participants35 from small communities across the nation. In particular, I initially contacted family members, close friends and willing contacts living in the following rural towns across Australia - which had the effect of generating 35 Thomson and Ito, ‘Facebook Advertisement for Survey Participant Recruitment: Participation from a Multinational Study’ (Paper presented at the International Conference on Internet Studies, Hong Kong 7–8 Sept 2013) 12. 35 interest from other geographical locations when those contacts shared the project with people in their own respective social networks: State Location Population (approx.) 36 Broome 14,000 Kalgoorlie 30,000 Western Australia Karratha 11,728 Kununurra 6,000 Meekatharra 798 South Australia Coober Pedy 1,916 Armidale 25,000 Broken Hill 20,000 Cumnock 288 Inverell 12,000 New South Wales Manilla 2,110 Milton 2,500 Molong 2,000 Nowendoc 157 Parkes 9, 826 Walcha 3,187 Woolbrook 220 Cambooya 5,652 36 All population data is approximate and was primarily sourced by reviewing the online shire council information for a particular township. 36 Queensland Toowoomba 90, 000 Barwon Heads 3,000 Victoria Swan Hill 9,684 Wangaratta 17,000 Alice Springs 27,481 Northern Darwin 124,800 Territory The generosity of people in sharing the news of this project with others was, I discovered, a hallmark of the Australian bush spirit at large. I opened my email inbox most mornings to discover at least three or four expressions of interest to participate in my research from referred strangers (although we knew a third party in common, namely a referring friend or family member). Further, in the course of my work as a lecturer at the Australian National University I often teach remotely located post-graduate students and also work with other lecturers who are based in each state and territory in Australia. Some (former) post- graduate students and (current) colleagues expressed interest in my thesis and have assisted in generating interest in the project by mentioning it to rural people they identified as being potentially interested. For ethical reasons I did not, of course, approach any of my post-graduate students to assist me in this endeavour at the time that they were students. In the same way, there were various rural contacts in the NSW Rural Lands Protection Boards (now known as the Livestock Health and Pest Authorities) whom my father 37 put me in touch with because they expressed willingness to assist me in gathering community interest in my project- again by implementation of the ‘bush telegraph’. In fact, the level of interest in the project generated by this technique was astonishingly high and I soon found that it was necessary to ‘pin-out’ on a large map of Australia where the interested participants were located. For logistical reasons (because travel from Canberra to the distant rural locations was required) I explained to interested participants that I would be in touch with them a second time with a choice of possible dates for the interview. The scheduling of interviews with interested people involved careful planning to ensure that as many people as possible were visited in the course of a each regional research trip. Waltzing Matilda- Reaching the Participants in their Rural Locations I commenced the process of interviewing by visiting participants face-to-face. My first interviews took place in the Northern Territory. I travelled to rural and remote destinations in Western Australia next, followed by short journeys within New South Wales and Victoria. I interviewed in South Australia and Victoria towards the end of the project for logistical reasons. Interviews would quite often be booked weeks in advance and I would invite the participant to select the venue for our meeting and email me the address prior to my arrival. In the spirit of feminist interviewing methodology, I recognised that the location’s ‘influence on the quality of the data can be decisive’37 and I wanted the participant to feel as comfortable as possible in the interview environment. Where the participant preferred me to come to her home, I took safety precautions such as 37 Keith Punch, Introduction to Social Research — Quantitative and Qualitative Approaches (SAGE Publications, 2004 reprint) 180. 38 ensuring that another person knew my whereabouts and my estimated return time. It was often necessary to fly into a community, hire a car and then rely on maps and satellite navigation systems to locate the meeting place. This was, I believe, an essential part of this research journey in the sense that the immersion into the unfamiliar, isolated geography of the participants shaped my understanding of the context within which rural women operate and experience their daily realities.38 Quite often a participant would suggest a coffee shop or the local pub or park as being their preferred meeting place. All of these places worked reasonably well, although there were some issues with background noise being picked up on the dicta-phone. I became aware of the potential for this problem early on in the course of the interviews and rather than restrict the location of the interviews (for reasons explained above), I started to take more detailed notes in conjunction with the dicta-phone recording. The Big-Heartedness of Rural Women: Rural women are extraordinarily generous. Where I interviewed in participants’ homes there would often be freshly baked sponge cake or scones with our cups of tea. One woman in Kalgoorlie discovered that I was about to hire a car for a day and insisted that I take her own vehicle (and would not take ‘no’ for an answer)! Another lady from a sheep station near Port Augusta met me in Adelaide for an interview after an exhausting day at the Adelaide Show. I discovered only towards the end of the 38 There was one quite frightening moment in the journey when I arrived at an unfamiliar home in the Northern Territory and, on walking up the dirt driveway, was unexpectedly faced with two, unleashed, Pit Bull Terriers was only due to the whistle of a quick-thinking neighbour that the dogs’ interest was shifted and that I could (rather shakily) move to ring the doorbell and proceed with the interview. 39 interview that her next movement was to drive home and she would arrive well into the night. This nature of circumstance highlighted to me that women were genuinely motivated to have their voices heard about issues surrounding gendered harm in the rural workplace. Quite often people would comment that “I really think the work that you are doing is very important” and would provide an array of reasons why they thought that this was so. In the same spirit of generosity, interviewees frequently entrusted me with deep reflections about situations that often rendered them powerless, humiliated, angry, confused or sad (to name a few feelings amongst the many which were identified). In taking me into their confidence and sharing about their workplace encounters (which were frequently of a sexual nature) the fabric of this Thesis has been greatly enriched. In the same way, Janet Finch recalls also having been initially ‘startled by the readiness with which women talked’ in the course of interviewing her female cohorts. Finch goes on to describe her growing awareness that ‘women are almost always enthusiastic about talking to a woman researcher, even if they have some initial anxieties about the purpose of the interview or their own performance in the interview process.’ 39 This was certainly also true of my experience as a researcher in this project. The Length of the Interviews Each interview was between 30 minutes to 90 minutes in duration, depending on the experiences of each participant. Where a participant identified as having experienced 39 Janet Finch, ‘Ethics and Politics of Interviewing Women’ in Hammersely (ed) Social Research: Philosophy, Politics and Practice, (The Open University Press, 1993) 167. 40 a number of the listed behaviours in the workplace (see Tables 2.1 and 2.2 below), the interview would naturally be longer, because these behaviours might all be explored in further detail. Taken together, I captured 103.5 hours of interview time across the 107 interviews, making the average length of an interview approximately 58 minutes. Preserving Anonymity: Consistent with a researcher’s duty to ‘do no harm’,40 I did not record either the first name or the last name of interview participants, but instead devised a pseudonym for each one and recorded information under that pseudonym. In consideration of the particular vulnerabilities that might be associated with the cohort,41 I was also acutely aware of not inadvertently identifying any person by using demographic information unwisely (for example, by referring to the 'only female police officer' in a small country town where this would make her identity obvious to locals of that town). I was careful not to interview an employer/ senior manager and an employee from the same rural workplace because I understood that this could expose a relatively vulnerable employee to pressure to divulge information that was conveyed to me as a researcher. It was also possible that pressure might have been placed on the more 40 Matthew B Miles, Michael Huberman & Johnny Saldana (2013) ‘Qualitative Data Analysis: A Methods Sourcebook’, SAGE Publications, 56. 41 Ibid, 61. 41 vulnerable party to respond to my questions in a particular way. I would not like to risk these types of harms. There were times, however, when I would interview two employees from the same rural workplace, particularly when the workplace was relatively large (such as a supermarket or meatworks). In this instance I would ensure that each interview was conducted at a venue that was nominated by the participant as being one where they were comfortable to discuss the interview questions with me. I would also ensure that the privacy and confidentiality of participants was maintained to an extraordinarily high degree. I would never make any mention of one participant to the other participant. Keeping it Safe- Storing the Data: The electronic interview recordings were securely stored during and after the field research in carefully labelled computer files in my personal computer. The files were ‘password protected’. I also ensured that a back-up copy of the files was retained on a USB memory drive which was accessible only by myself and my research supervisor. Again, these files were password protected. All hard copy interview notes (which were originally hand-written) were retained in a secure filing cabinet in my personal office. I ensure that my office is locked whenever I am not present and the filing cabinet that stores any hard copies of the interview data. 42 I would also ensure that any voice recordings were saved to my computer under a password- protected system. Any external devices that stored the same recordings in a back-up form were kept in a locked filing cabinet in my locked office. The Interview- Content and Process At the outset of every interview, I endeavoured to create a sense of comfort and ease (for example, by initiating conversation on topics such as shared interests or in the beauty of our immediate environment). This process of developing a rapport with the interviewee was also important in instilling a sense of empathy before integrating direct questions into the conversation.42 DiCicco-Bloom and Crabtree highlight the importance of rapport building in the context of moving the participant through four identifiable stages of sharing in the course of the interview, namely ‘apprehension’, ‘exploration’, ‘co-operation’ and ‘participation’.43 The authors suggest that in response to the traditionally short and stilted responses which might be offered by participants in the first stage (‘apprehension’), the interviewer should not assume anything about that response, but rather invite further elucidation of that thought through use of an open question. When the participant in turn provides a more descriptive and perhaps animated response, they have entered the ‘exploration’ stage and at this point tend to begin an enjoyable dialogue with the interviewer. This naturally leads into the ‘co- operative’ phase of the interview where sharing becomes so free-flowing that the interviewer and interviewee are ‘no longer afraid of offending one another’44 and 42 DiCicco-Bloom and Crabtree, above n 24, 316. 43 Ibid. 44 Ibid, 317. 43 during this part of the interview some difficult questions might be more easily discussed. The highest level of rapport (‘participation’) is said to be achieved when the level of comfort and ease is such that the interviewee takes an active role in educating the interviewer. In the course of this initial conversation I would move into discussion about the purpose and nature of the research, reminding the participant that her identity would remain anonymous and that direct quotes would be de-identified in writing the thesis and other publications. I would then present the Participant’s Information Sheet to the interviewee, inviting her to ask questions with a view to clarifying any uncertainties about the interview. Importantly, I would remind the interviewee that she was not obliged to take part in the interview and could withdraw her consent at any time. There would also be related discussion about the possibility of the interview being recorded for my purposes, which involved me explaining that this would only be so if the respondent felt comfortable with that happening and gave consent. An initial set of closed questions was then introduced, in continuation of a fluid and comfortable dialogue. The closed questions were designed to explore facts about the participants' workplace circumstances. The questions were shaped by the central themes that emerged in the analysis of sexual harassment case law nationally (see chapter 6) and also by interesting ideas in the literature about related forms of gendered harm (e.g. domestic violence and sexual assault) in the context of rural Australia. For example, the closed questions gathered information about the nature of 44 the participant’s occupation, how long (s)he had been employed in the workplace, how many other people were employed in the workplace, the gender ratio in their workplace, educational background, cultural heritage, age, marital status (which was a relevant consideration given that sexual harassment trends are known to be affected by a person’s relational status), and so on.45 The interviewee was then asked to consider a list of different behaviours and identify any which had been experienced or witnessed (or both) in the participant’s workplace. The interviewee was also able to draw on their experiences in a former rurally located workplace. Whilst both the employee interviewees and employer/ senior management interviewees were invited to consider the same list of behaviours, the employer cohort was also asked to consider whether an employee had ever approached them to discuss any such behaviours in the course of their work. Both sets of questions are reproduced in Tables 2.1 and 2.2 below. Often the participant preferred to quietly work through the sheet with a pencil, ticking the boxes that applied to them. The listed behavioural descriptors ranged from ‘being subject to jokes in the workplace which have a rude, suggestive or distasteful punchline’ through to ‘unwanted physical touching or indecent exposure by someone whom you work with’ or ‘other types of sexual assault by someone with whom you work.’ It should be noted that these behaviours were deliberately not labelled as being ‘sexual harassment’, lest participants’ further responses be influenced by this categorisation. That is, research 45 Whilst no formal questions about the nature of the employment contract were asked in the course of the interview, in hindsight I see that this may also have generated some interesting findings. 45 has shown that the incidence findings in sexual harassment surveys can vary ‘depending on how respondents are asked about their experience.’ 46 It is not necessarily useful to use the language of the law in asking participants whether they have experienced sexual harassment, ‘as it requires the respondent to make a judgement about the kinds of behaviours that a lawyer or court would regard as constituting sexual harassment.’47 To label a behaviour as being ‘sexual harassment’ may have caused a respondent to hesitate in the process of identifying unwelcome behaviour, so this label was not used. 46 Human Rights and Equal Opportunity Commission (HREOC) Sexual Harassment: Serious Business. Results of the 2008 Sexual Harassment National Telephone Survey, (HREOC, 2008) 12. 47 Ibid. 46 Table 2.1: Behavioural List for Employees to Consider Type of Behaviour Experienced Witnessed Experienced Witnessed in current in current in previous in previous rural rural rural rural position:48 position: position: position: Yes/No Yes/ No Yes/ No Yes/ No Being subject to jokes in the workplace which have a rude, suggestive or distasteful punchline: Unwanted staring or leering in the workplace: Acts which assume the existence of a familiar relationship with a colleague (when in fact, there is no such familiarity)? (E.g. someone brushing up against you or tucking a piece of your hair behind your ear): Rude comments, insults or taunts in the workplace which have been sexual in nature? (E.g. describing legs as being ‘hot’ or making remarks about how ‘sexy’ someone is): Intrusive questions or statements about your private life in the workplace which have been sexual in nature? (E.g. commenting on how often you engage in sexual relations): Being privy to posters, magazines or screen savers 48 It was explained to the participant that we were talking about behaviours which took place in the course of employment and that this might be on-site, whilst travelling for work, or whilst elsewhere with a colleague. 47 of a sexual nature displayed in your workplace: Receiving sexually explicit emails or text messages from a colleague: Being aware that someone is accessing sexually explicit material on the internet (or on their iPhone or iPad etc) in the workplace: Experiencing inappropriate advances or comments of a sexual nature by a colleague on a social networking site (such as Facebook): Requests for sex or repeated unwanted requests to go out on dates with a colleague: Acts of stalking by someone whom you work with: Obscene gestures or obscene comments by someone whom you work with: Unwanted physical touching or indecent exposure by someone whom you work with: Other acts of sexual assault by someone whom you work with: 48 Table 2: Behavioural List for Employers/ Senior Managers to Consider Type of Behaviour Have been Have Have been Have asked by an witnessed asked by an Witnessed employee to this employee to this discuss49 that behaviour in discuss that behaviour staff current rural staff in member’s position: member’s previous experience experience rural of the of the position: behaviour in behaviour in the course of the course of participant’s participant’s current previous position:50 rural position: Yes/ No Yes/No Yes/ No Yes/ No Being subject to jokes in the workplace which have a rude, suggestive or distasteful punchline: Unwanted staring or leering in the workplace: Acts which assume the existence of a familiar relationship with a colleague (when in fact, there is no such familiarity)? (E.g. someone brushing up against you or tucking a piece of your hair behind your ear): Rude comments, insults or taunts in the 49 It was explained to participants that in this context the word ‘discussed’ might also include written communications. 50 It was explained that we were talking about behaviours that take place in the course of employment and that this might be on-site, whilst travelling for work, or whilst elsewhere with a colleague. 49 workplace which have been sexual in nature? (E.g. describing legs as being ‘hot’ or making remarks about how ‘sexy’ someone is): Intrusive questions or statements about a person’s private life, which are sexual in nature? (E.g. commenting on how often a person must engage in sexual relations): The display of posters, magazines or screen savers of a sexual nature: Receiving sexually explicit emails or text messages from a colleague: Being aware that someone is accessing sexually explicit material on the internet (or on their iPhone or iPad etc) in the workplace: Experiencing inappropriate advances or comments of a sexual nature by a colleague on a social networking site (such as Facebook): Requests for sex or repeated unwanted requests to go out on dates with a colleague: Acts of stalking by someone whom you work with: Obscene gestures or obscene comments by a colleague: Unwanted physical touching or indecent 50 exposure by a colleague: Other acts of sexual assault by a colleague: In the case of both the interviews with employees and employers, open questions then naturally followed the consideration of the behaviours in the above Tables. In particular, questions were asked in order to gain a deeper understanding of the interviewee’s perspective of the behaviours identified through the above process. Participants were invited to further recall and describe the situations, including more specific details surrounding the incidents and any feelings that might be associated with that experience. In the case of employees, the actual nature and type of the behaviour were then gently discussed. This part of the interview included discussion about the frequency of occurrence and the position of the perpetrator relative to her own position. The presence of witnesses to sexual harassment was an important variable that was also examined in this context, as was the woman’s choice of how best to respond to the experience, witness or no witness. The issue of whether or not the behaviour was regarded by the participant as being ‘sexual harassment’ was explored after the process of talking about the incident(s). If the woman had elected to report the behaviour, the progress of her complaint and her sense of satisfaction with this process was discussed. If the woman had chosen not to report the incidence(s) of sexual harassment, then the reasons underpinning this decision were explored. The woman’s feelings about remaining (or not) in the 51 workplace after the experience(s) were considered as were her perceptions of the way in which she was viewed by the harasser, the complaint-handler (if any), colleagues and community after her complaint (if any). Flexibility was important in the course of the interviews and sometimes an interviewee wished to discuss issues slightly outside of the parameters of sexual harassment (for example, issues of workplace bullying). I was open to the incorporation of these new threads of discussion, the overarching aim being to listen with sensitivity, without judgement and to always be guided by the respondent and her signals in this process. Each of the interviews with employers/ senior managers focused on their experience in the rural or remote workplace and whether sexual harassment is (or has been) a feature of that workplace experience. If the employer/ senior manager’s responses to the above table suggested that observing or dealing with sexual harassment was a feature of the workplace (whether or not it was identified as being such by the participant), further questions were posed to gain further insight. For example, the nature and type of the identified behaviour would be explored, as would the manner in which the employer became aware of the harassment. Whether the behaviour was reported to the employer was examined, as was the employer’s response to the behaviour (formal report or not). Where a participant mentioned having received a formal complaint about a particular behaviour, they were invited to describe the way that they responded to that complaint. 52 There was also some focus on the existence of any workplace policies that dealt with sexual harassment. If a participant confirmed that there were policies in place, the influences on the creation of those policies were examined. Staff training mechanisms about the issue of sexual harassment issues were also explored, as was the employer’s level of awareness of the provisions that can render an employer/ senior manager vicariously liable for the sexual harassment of a staff member by another employee. In accordance with ethical requirements, all participants were also offered the details of appropriate counseling services at the conclusion of every interview. A Small Adjustment to the Methodology Despite the richness of the face-to-face interview experience, two reasons arose which required that I seek ethics clearance to make slight adjustment to the methodology so that telephone interviews could also take place. The first of these reasons was resource related (both funding and time), in the sense that regular travel to rural and remote areas became expensive, time-consuming and exhausting (when my 2 year old and a 4 year old also needed the majority of their mother’s time). I had become accustomed to a very intensive daily schedule which saw me conducting face-to-face interviews in different Australian locations on many weekdays and most weekends between August and November 2011. It was clear that time could be more effectively used if some interviews were to be conducted by phone. Relevantly, Klenke considers that telephone interviews ‘are usually quicker 53 and cheaper to conduct because they remove geographical limitations’ and also ‘increase the participant perception of anonymity’.51 The second reason was because some women who were interviewed were based on very remote cattle stations and in mining areas which were inaccessible without a chartered plane flight (which would again, be very expensive). Not wishing to lose the ‘voices’ of these remotely based participants, it became apparent that telephone interviews would enable ‘alternative access to interviewees’.52 A related issue was that I had been warned that I ought not travel to certain northern destinations during the wet season because of the danger of travelling alone in those conditions when the territory is unknown. For these reasons I sought (and was granted) Ethics Approval to also utilise the telephone for some (but not all) interviews with rural and remote employees and employers.53 As a lecturer at the Australian National University I have taught in the predominantly online environment for a number of years and have acquired skills in developing an effective rapport with people over the phone and using web technology, so this was not a real concern for me. King and Horrocks also emphasise that because 51 Karin Klenke (ed), (2008) Qualitative Research in the Study of Leadership, Emerald Group Publishing, 133-134. 52 Ibid, 134. 53 Approximately 25 of the 107 interviews were conducted by telephone, although a small number of face-to-face interviews required completion by telephone (owing to time restrictions). 54 women tend to use the telephone in a ‘less task focused’ and more ‘relational’ way than men might, ‘very valuable qualitative data’ can be received over the phone.54 Gettin’ on the Blower- The Logistics of the Telephone Interviews: The conduct of telephone interviews required the implementation of particular techniques to ensure a high level of effectiveness and they worked as follows: - The participant would receive the Participant Information Sheet and the Participant Consent Form by email some days prior to the telephone interview. In the days leading up to the interview I would be available to the participant to answer any questions about the research (by phone or email). I would ensure that the participant returned the Consent Form to me prior to the interview, complete with her (electronic or scanned) signature; - I would telephone the participant at our agreed time (taking into consideration different time zones where necessary) and would commence with a warm greeting; - I would then provide an explanation of the purpose and nature of the research and remind her of the information contained in the Participant Information Sheet. I would also remind the participant that despite her having signed the consent form there was no obligation to participate in the interview. I would also remind her that the interview was anonymous and any reference to responses de-identified; 54 King and Horrocks, (2010) Interviews in Qualitative Research, SAGE Publications Ltd, 82-83. 55 - I would then invite the interviewee to ask any questions that she might have at that point; - I would ask the interview participant whether she would mind me conducting the interview on speakerphone from the privacy of my office (with the door closed). - Assuming that the interviewee agreed to the speakerphone being used, I would also ask her if she would mind whether I recorded the interview on my tape recorder. - I would remind the participant that they are not obliged to take part in the interview and may withdraw their consent at any time; - We would then commence the interview;55 - At the end of the interview I would discuss the details of a local counseling service with the interviewee. I would also remind her of my contact details, should she require them in the future. - I would also advise the interviewee that if she would like to view the transcript of the interview, I could type my notes up and email them to her for her viewing. The telephone interviews were ultimately effective. Practically they worked well for participants whose daytime working arrangements were such that they simply could 55 See Appendix Three and Appendix Four for complete interview schedule. 56 not facilitate an in-depth interview of this nature and who preferred night time for this reason. There were only small problems associated with the occasional phone interview, one of which involved a ‘bad phone line’ that crackled loudly on the dictaphone recording. On more than one occasion I would phone the interviewee at the appointed time, only to be politely requested to phone back at a later hour for reasons such as ‘still being out in the yards.’ This was no problem, unless I had a second interview lined up in the hour following the first. There was finally one occasion on which a person’s telephone was not answered at all, despite having confirmed the appointment time by email. ‘Making Sense of It All’- Data Analysis: I spent an 8-week period intensively typing each of the interview transcripts. I preferred to do this task myself to enable the ‘re-visiting’ of each participant’s own voice and personal story. I then read through all interview material carefully several times, first to identify recurrent themes and variables and then to record relevant data concerning these themes.56 As part of this initial process, the basic occupational categories of the participants was were recorded as represented in Table 2.3 below: 56 Keith Punch, Introduction to Social Research: Quantitative and Qualitative Approaches (SAGE Publications, 3rd ed, 2014) 182. 57 Table 2.3: Workplaces by Occupation Occupation Type Number Percent Teachers 5 5.0 Nurse 13 12.9 Agriculture 14 13.9 Retail 10 9.9 Hospitality/Fast-Food 9 8.9 Mining 11 10.9 Administration 11 10.9 Horticulture 15 14.9 Other 13 12.9 Total 101 100.0 The types of occupational roles that formed the ‘agriculture/ horticulture’ group included jillaroos, station hands, shed hands, agricultural contractors and vineyard hands. Women in ‘administrative positions’ were often working in secretarial roles or as receptionists or bookkeepers. Some of the occupations that were categorised as ‘Other’ include police officers, livestock veterinarians and tour guides. Each of the 107 qualitative interview transcripts were broken down into categories using an open-coding technique.57 In identifying significant categorical themes in this context, some natural consideration was given to the variables which are known to impact the experience of gendered harm, particularly in the rural context (see chapters 4, 5 and 6). 57 Eric Babbie (2014) The Practice of Social Research (14th ed), Cengage Learning, 389. 58 This process of data analysis practically involved the conversion of the recorded data into numerical variables for axial coding58 (e.g. ‘1’ for ‘yes’). At this point I was assisted by a data-analyst59 and it was important that this part of the process be cross-checked carefully to ensure that there would be no inter-coder variation. Given the sample size, particular occupational types were merged at this point to allow for meaningful comparison and analysis. Teachers and nurses were grouped as ‘professional’; women working in agricultural and horticultural positions were put into one category; and those working in retail, hospitality or fast food were aggregated. As explained above in the discussion on the definition of rurality, the workplaces were also categorized by the relative ‘degree’ of isolation using ‘population bands’. For the purpose of quantitative analysis, it was also necessary to aggregate the responses to two questions (‘How does sexual harassment make you feel?’ and ‘ Why do you think people sexually harass others in the workplace?’) into two categories to allow for some analysis, albeit limited by the low response rate. All serious effects (‘angry’, ‘hurt’, ‘anxious’, ‘hopeless’, ‘humiliated and powerless’, ‘degraded’) were merged into one category and labelled as ‘serious effects.’ Other responses such as ‘it can help you in your job’, ‘depends on person’, ‘didn’t worry me,’ ‘you get used to it,’ were considered as ‘minimising’ and were labeled as such. The answers provided on the question about why people sexually harass were grouped similarly. Examples of 58 See, for example, Carol Grbich (2012) Qualitative Data Analysis- An Introduction, SAGE Publishing Ltd, 86. 59 I would like to extend my thanks to Sally Bradford of the University of Canberra for her invaluable assistance and guidance in this process. 59 ‘serious’ responses included: ‘to exert power,’ ‘to gain power,’ ‘power games,’ a power thing,’ and ‘a power trip.’ Examples of ‘minimising responses’ included: ‘just blokiness,’, ‘simply boys being pig-headed,’ ‘they are harmless’ and ‘they are joking, usually. The workplace data set (n=101) was cross-tabulated using PASW Statistics 19. The employee data set (n=84) and employer data-set (n=23) were both assessed for variables such as the presence/absence of sexual harassment pack behavior or one- on-one behaviour, the different types of sexual harassment by certain occupational attributes and reporting attitudes and beliefs. The workplace data set (n=101) was also cross-tabulated looking at presence/absence of sexual harassment policies and training. Additionally, cross-tabulations of the employee dataset (n=84) were conducted to examine if there was variation in type of sexual harassment experienced depending upon employees’ age, seniority or education. It is important to say that the number of Indigenous respondents was too small to allow for meaningful analysis of the relationship between Aboriginality and other variables, which warrants future research into this specific area. A Pearson’s chi-square test of contingencies was used to evaluate the statistical significance of each cross-tabulation. Where appropriate, a series of unplanned 2 x 2 post hoc analyses were conducted to determine where statistical difference lay. The size of the cells in the employers’ cross-tabulations (eg. more than one cell with less than five) precluded generation of statistically meaningful tests of variation. 60 It is particularly interesting and relevant to see the breakdown of gender proportionality in the workplace that emerged from this process. As far as the gender ratio of the workplaces involved in the research - Table 2.4 (below) indicates that of the 101 workplaces in this study, almost one third (30%) comprised a staff ratio where less than a quarter of the employees were female. Table 2.4: Proportion of Women in Workplace Valid Frequency Percent Percent <25 30 29.7 31 25- 32 31.7 33 50 50- 18 17.8 18 75 >75 18 17.8 18 Total 98 97 100.0 3 3 Total 101 100.0 Having cross-tabulated many variables and identified statistically significant variation, I then explored the narrative (interview transcripts) material to further understand and describe these findings. ‘Proceed With Caution’- Caveats: There are three main caveats for consideration in the context of this research methodology. These caveats relate to the relatively small size of the sample and associated statistical limitations, possible trends in the characteristics of the self- selected participants and the complexities attached to defining ‘rural’. Each of these issues are highlighted below. 61 A Small Pool- Sample Size The number of rural workplaces – 101- is not large enough to necessarily be representative of rural Australian workplaces. When broken down by occupation for instance, 11% worked in the mines. National statistics indicate, however, that 15.4% of the entire mining workforce is comprised of females.60 Personal Characteristics People who participated in this research were self-selected as described above. Therefore it is possible that they were more likely to have experienced sexual harassment. They may have also been more confident in expressing personal views and thoughts about sexual harassment, having chosen to be an interview participant. The results should therefore be regarded as preliminary—providing indications but not necessarily absolutes. The purpose of this study is not to establish the incidence of sexual harassment in rural Australian workplaces but rather, applying feminist methodology towards understanding the qualitative nature and perceived prevalence of its experience. The Restrictiveness of ‘Rural’ Note too that whilst the definition of ‘rural’ is a term that is intuitively ingrained into the psyche of most Australian people, most academics agree that the term ‘rural’ is an elusive one61 and that it is ‘constructed differently by different people.’62 In this 60 Australian Bureau of Statistics (ABS) Labour Force, Australia, Detailed, Quarterly, (ABS, (2013) cat no 6291.0.55.003 61 Barclay et al, above n 7, 3. 62 research, the sample is reflective of my definition and therefore the research findings are limited by those boundaries. One particular issue with the categorisation of ‘rural’ by population is that ‘some towns may be classified as rural based on population size, density or location, but still have ready access to many facilities owing to their proximity to major population centres.’63 In light of these obvious complexities in capturing the definition of rural, some academics still prefer to define it as being anything that does not fall within the definition of metropolitan.64 Whilst this provides a relatively simple springboard from which to examine rural trends, I recognise that the danger is that if the term ‘rural’ is used to classify most regions outside of the coastal metropolitan areas, ‘it may cease to have much in the way of descriptive veracity at all, despite its continuing cultural resonances.’65 I further recognize in this research that a population of 50,000 may indeed lend itself better to a definition of an ‘average-low’ rural location (as in Orange, NSW with a population of 49,000) and have therefore incorporated the respective ‘categories’ of rurality as described earlier in this chapter. It is important, though, to also consider the predominant view of local residents in places such as Orange (which is a proud 62 Wendt, above n 8, 15. 63 Digby Race, Gary Luck and Rosemary Black, Demographic Change in Australia’s Rural Landscapes: Implications for Society and the Environment, (Springer, 2011) 4. 64 Robyn Mason, ‘Building Women's Social Citizenship: A Five-Point Framework to Conceptualise the Work of Women-specific Services in Rural Australia’ (2007) 30 Women's Studies International Forum, 299. 65 Barclay et al, above n 7, 4. 63 ‘rural community’) and this involves the identification of ‘elements of rural place/ landscape/ society/ existence which together provide an approximation of the overarching concept of rurality’).66 Other Research Methods Intensive Background Library Research In the course of my background research I examined secondary resources ranging from published books, cases and journal articles. I also examined legislative provisions dealing with sexual harassment across all Commonwealth, State and Territory jurisdictions. In conjunction with my extensive research on the treatment of sexual harassment at case law (described below under ‘The Case Analysis’), this background research provided the necessary context for capturing women’s voices about their experience of sexual harassment in the rural workplace. It is understood that literature reviews must be ‘intrinsically relevant to the argument being pursued.’67 It is therefore important to explain at the outset that in the absence of literature on the specific issue of sexual harassment in rural areas, it was necessary to examine the experience of related behaviours (such as domestic violence or sexual assault) in the bush. That is, as explained in chapter one, both sexual harassment and 66 Cloke, Marsden and Moody, above n 14, 20–1. 67 Hutchinson, above n 2, 147. 64 domestic violence are considered parts of what is described as a ‘continuum of violence’, by radical feminists.68 This means that these behaviours are considered to be equally indicative of gender power inequities that permeate all parts of society, including the public sphere and workplaces.69 Examining the effects of other types of gendered violence in rural Australia therefore strengthened my understanding of the potential impact of isolation on the sexual harassment experience. As a result of this reading, I postulated that some rurally-specific issues (as outlined in chapter four) would prove to be common for both domestic violence and sexual harassment in rural and remote Australia. The general nature of gender dynamics in the workplace (and the place of sexual harassment within those dynamics) was also a focus of the intensive background research and this is presented in chapter five of this thesis (called ‘When the Boys Come Out to Play- Sexual Harassment in Australia’). Analysis of the Reported Cases Together with Professor Patricia Easteal, I conducted an intensive analysis of judicial decisions in sexual harassment cases heard in Australian jurisdictions between 2005 and 2011. We examined a sample of 68 adjudicated sexual harassment matters identified using the AUSTLII legal database to holistically evaluate the matters. The cases were heard in New South Wales, Queensland, Victoria, Tasmania, South 68 See, eg, A M Thomas and C Kitzinger (1997) Sexual Harassment — Contemporary Feminist Perspectives, (Open University Press, 1997. 69 R Thorpe and J Irwin (eds) (1996) ‘Women and Violence- Working for Change’, Sydney: Hale & Ironmonger. 65 Australia, Western Australia and the Commonwealth. There were no reported sexual harassment matters in the Australian Capital Territory or the Northern Territory in the time period examined. It is important to note that whilst our original case sample was slightly larger, for simplicity we eliminated all procedural matters, unfair dismissal matters (in which sexual harassment was an issue but was not the central cause of action) and also matters in which the geographical location of the incident was indeterminable. Note that, given the small size of the sample, results must be seen as suggestive only. We were interested in the judicial approach to sexual harassment complaints generally and also considered whether certain work environments affect the nature of sexual harassment, the reporting experience, the existence of employment policies (and their quality) and the legal response to sexual harassment complaints. This process involved both qualitative and quantitative assessment of the cases, along with traditional doctrinal evaluation of the judicial precedent. Quantitative Comparison of Rural and Urban Case Statistics The quantitative component of this work involved comparing the rural and the urban case samples. For example, the number of matters in which a judicial comment was made about the complainant’s ethnic background70 was recorded. We noted the 70 Note that ‘ethnicity’ is an emergent theme in the analysis of Federal Court judgments as outlined in Chapter 6). This analysis shows that there are additional barriers to justice for women who are from non-English speaking backgrounds (e.g. not only are these women ‘easy targets’ for sexual harassment but their confidence in navigating the justice system is not well-developed). It is 66 characteristics of the sexual harassment matters that tended to be most common in rural complaints. We were also interested in whether the types of workplaces that are more conducive to sexual harassment are more common in rural areas. Another part of our investigation was to search for correlations between rural/urban environment and outcome. Qualitative Assessment of the Matters The qualitative component of this work involved analysing the judicial remarks- for example, what the judge said exactly in the matters in which a comment was made about the ethnicity of the complainant. Limitations of the ‘Case Analysis’ Methodology: The case analysis cannot be seen as an indicator of incidence, because the matters that culminate in a hearing merely represent the tip of the iceberg. 71 Compulsory conciliation processes in each respective Australian jurisdiction results in settlement of many cases prior to a formal hearing. 72 Of course, some sexual harassment complaints will also have been resolved at the workplace level. also shown in chapter 6 that these factors contribute to a lower ‘credibility’ rate for these women in litigated sexual harassment matters. 71 Patricia L Easteal ‘Setting the Stage: The Iceberg Jigsaw Puzzle’, in P Easteal (ed) Women and the Law in Australia (LexisNexis, 2010). 72 Jodie Davis & Ariella Markman, Australian Human Rights Commission, Behind Closed Doors: Approaches to Resolving Complaints of Sexual Harassment in Employment, Part Four- Statistical Overview, 2004. https://www.humanrights.gov.au/publications/behind-closed-doors- approaches-resolving-complaints-sexual-harassment-employment 67 It is also important to note that the case sample returned only 11 rurally based cases to examine over a five -year period, nation- wide. As noted above, this small sample is limiting in the sense that it is not possible to make general conclusions based on this small array of cases. Summary of Chapter This chapter has explained and justified the four interwoven methodological threads which, taken together, generate the conclusions and recommendations of this Thesis. In the next chapter, the spirit of the rural ethos will be explored, including the entrenched gender dynamics that are a central part of the bush culture. 68 CHAPTER 3 THE DRAMATIC BACKDROP OF THE BUSH AND GENDERED HARM WITHIN IT Introduction A practical, working definition of ‘rurality’ was developed in the previous chapter. This chapter explores this notion in greater depth by acknowledging the reverence with which ordinary Australians uphold the construct of ‘bush’ as the imagined embodiment of the iconic rural ideal and the gendered nature of this context. The chapter also acknowledges the cultural entrenchment of historical attitudes towards women in the rural space, through a lack of progressive cosmopolitan influences. Chapter four further develops the particularly challenging characteristics of the bush that might specifically impact both the experience of gendered harm and the associated reporting rates. The chapter acknowledges that this bush conception has been shaped over time by artistic expressions such as the poetry of A.B. Paterson (1964-1941) or through representations in popular Australian films like Crocodile Dundee.1 The emergent result is the deeply imbued sense of national pride which collectively recognises rural Australia as exemplifying the essence of ‘Australian spirit’.2 1 Australian Government, The Australian Bush 2 Tony Stephens, Mate, You’re a Legend., Sydney Morning Herald, 17th May 2003. Accessed online at: http://www.smh.com.au/articles/2003/05/16/1052885396799.html. 69 In examining these bush imaginings, however, the significantly gendered nature of rural culture becomes clear. The traditionally entrenched stereotypical roles for males and females are recognised as contributing to the existence of invisible constraints for women working in the bush today. This chapter therefore explores the implications of the rampant ‘maleness’ of the Australian bush construct in the context of rural relational patterns and dynamics. One common behavioural trend amongst rural males is ‘homo-social interaction’,3 which is defined by close male interpersonal relationships and positive qualities of ‘mateship’, but which can sometimes lead to women being sexually targeted, often by packs of men.4 Related to this is the tendency for some women to engage in behaviours which would align their allegiances with the male majority (rather than risk their behaviour to be seen as distinguishable on the basis of their femininity). A product of this allegiance with the male pack is sometimes a tendency for a popular ‘blame the harassment victim’ philosophy to emerge, which is also a focus in this chapter. The Sunburnt Country- A Unifying Story: “THE BUSH” is a designation used in two senses. All of Australia that is not city, town, or suburb, is loosely referred to as “the bush” by most people. In its narrower and more correct meaning it still 3 See, for example, Michael Flood, ‘Men, Sex and Homo-sociality — How Bonds Between Men Shape Their Sexual Relations with Women’ (2008) 10(3) Men and Masculinities, 339. 4 Skye Saunders and Patricia Easteal, ‘The Nature, Pervasiveness and Manifestations of Sexual Harassment in Rural Australia: Does “Masculinity” of Workplace Make A Difference?’ (2013) 40 Womens Studies International Journal 121, 126. 70 comprises a great part of the continent — that is when it is used to mean the actual timber and scrub country.”5 Whilst it is estimated that a mere 15 per cent of Australians live in areas which might be categorised as ‘the bush’,6 its mystique has long resonated in the popular imagination of the nation at large. Regardless of where Australians are geographically situated, ‘the bush visits us all, whether it be via advertising logos and food or images of bushfires and dust storms’7and as a nation we are collectively fascinated by its vast and rugged incalculability. The bush is’ the magic that makes Australians overseas yearn for golden wattle, impossibly vivid, deep blue skies and the scent of eucalyptus’8 and its inspiration lends itself to the bold statement that ‘the central image against which the Australian character measures himself is the bush.’9 Throughout the 19th century the bush was regarded as the ‘unknown’, lending itself as a fresh source of ‘imagine futures’10 far removed from the harshness of the colonies. The emergence of nationalist literature, such as the works of Henry 5 Fullerton, M (1868-1946) The Australian Bush (2003) digital file, University of Sydney, 36 6 See, eg, Pamela Robson, Nigel Austin and Daniel Lewis The Bush — The Past, The Present and the Future of All Things Rural (Random House Australia, 2007) 45. 7 Ibid 8–9. 8 Ibid, 6. 9 Kay Schaffer Kay, Women and the Bush (Forces of Desire in the Australian Cultural Tradition) (Cambridge University Press 1988), 52. 10 Barclay et al, Crime in Rural Australia, (Federation Press, 2007) 7. 71 Lawson and AB Banjo Paterson considerably de-mystified the meaning of ‘the bush’ for the ordinary person by painting its spectrum of beauty and danger with words. In his fictional tale, The Drovers Wife, Lawson incites a graphically desolate bush experience: Bush all round — bush with no horizon, for the country is flat. No ranges in the distance. The bush consists of stunted, rotten native apple-trees. No undergrowth. Nothing to relieve the eye save the darker green of a few she-oaks which are sighing above the narrow, almost waterless creek. Nineteen miles to the nearest sign of civilization — a shanty on the main road.11 The ‘bush’ of the Australian imagination has continually been enhanced over time by literature, painting, popular music, films, foods12 and memory, resulting in a kaleidoscopic national visualisation: In so many Australian people’s heads there are scraps of these stories- the phrase ‘I love a sunburnt country’ is mixed up with an image of a painting of a bloke shearing a ram, and this sits next to a memory of a teacher reciting a Banjo Patterson verse or a crowd at a sporting match roaring ‘Waltzing Matilda’.13 This ongoing cultural commemoration of the ‘ordinary rural’ has gradually enabled Australian men and women to identify with its ‘bigger’ unifying story, 14 11 Henry Lawson, The Drovers Wife, (Penguin Henry Lawson Short Stories( Penguin Books, First Ed, 1986). 12 Australian Government, above n 1. 13 Catriona Elder, Being Australian — Narratives of National Identity (Allen & Unwin, 2007) 181. 14 Ibid, 28. 72 despite the fact that Australia is one of the most urbanised nations in the world.15 All Australians can partake in the communion of bush culture as something which they breathe and understand; for example, ‘we love the flying kangaroo of Qantas because the ‘Spirit of Australia’ symbolises the airline’s birth in the outback Queensland of Longreach.’16 The Opening Ceremony of the Sydney Olympic Games in 2000 provided a special arena for a national demonstration of its passionate connection with its shared ‘imagined community’, ‘drawing on the bush man in the outback as its ‘commentary’ or ‘representational code’ about being Australian.’17 However, in view of this claim that the ‘bush man’ is representative of the Australian ‘code’, academics agree that the rural story has been significantly gendered and that the bush has become synonymous with a rugged and laborious ‘masculine domain.’18 That is, as Sue Lees explains: Masculinity and femininity do not have some biological ‘essence’, as is commonly believed, but they are socially constructed through language… Men’s domination is not dependent on biology, it is dependent on women’s subordination.19 15 Kerry James (ed), Women in Rural Australia (University of Queensland Press, 1989) 3. 16 Robson, Austin and Lewis, above n 6, 8–9. 17 Elder, above n 13, 31. 18 See, eg, Margaret Alston, ‘Gender Perspectives in Australian Rural Community Life’, in Chris Cocklin and Jacqui Dibden (eds) Sustainability and Change in Rural Australia, (University of NSW Press, 2005) ch 8, 139. 19 Sue Lees, Sugar and Spice — Sexuality and Adolescent Girls (Penguin [Women’s Studies], 1993) 6. 73 In this spirit, Kay Schaeffer opines that the ‘symbolic language’ of the bush enforces ‘the meanings ascribed to men and women through the categories of masculinity and femininity’.20 Schaeffer explains that the land ‘functions as a metaphor for woman- as in father sky to mother earth, colonial master to the plains of promise, native son to the barren bush, contemporary Australians to the red/ dead centre’ and that ‘man’s relation to the land, or the relation masculine to feminine is a ‘self-other’ relationship.’21 This gendered dynamic at work in the symbolic realm serves to produce ‘the ‘perfect’ couple- masculine activity/ feminine passivity’ and according to this theory, ‘the feminine’ is properly categorised as ‘the other, the adjunct, an object of desire for man.’22 The human impact of the conscious or subconscious embodiment of gender in the bush is examined later in this chapter but it is interesting to note that the embodiment of gender is not merely ascribable to the naturally occurring bush and its relational dynamics, but is also identifiable in the mechanics of bush technology, as alluded to by Sharma and Rees below. The Australian Bush ‘Blokeland’ In sharp contrast to the popular fabling of rural American men as being “backwards, lazy, dumb and unable to cope with the modern world”,23 Australian 20 Schaffer, above n 9. 13–14. 21 Ibid.. 22 Ibid. 23 T D Inge, in C R Wilson and W Ferris (eds) Encyclopaedia of Southern Culture , (University of North Carolina Press, 1989) 914, 915. 74 men of the bush have long been typecast as embodying rugged practicality and fierce determination. The Australian bushman is celebrated as being ‘ever willing to 'have a go'’ and for his larrikin qualities, including the laddish ability to swear ‘hard and consistently’.’24 Sue Kossew cites the work of feminist historians Patricia Grimshaw, Marilyn Lake, Anne McGrath and Marion Quartly in support of the notion that Australian mythology historically has been gendered in celebration of the white masculine ideal: [I]n Australia the self-conscious elaboration of the national identity has involved the celebration of a particular style of white masculinity embodied in the Australian bushman and updates in films such as The Man From Snowy River and Crocodile Dundee- a style that was often explicitly defined in opposition to a feminine domesticity and forms of masculine behaviour that were similarly stigmatised and stereotyped.25 Whilst the time-honoured perceptions of gender serve to commemorate ‘the brutal physicality of rural men’s labour’ they also indirectly ‘exclude women from rural production and public life, and marginalise alternative rural masculinities, such as urban, gay or Indigenous men.’26 This encapsulation of male dominance at the expense of female inclusion is vividly captured in Sharma and Rees’s examination of mental health issues for women in Queensland mining towns. Quoting the research of Gibson, they surmise that there is an 24 Russell Ward, Russell ,The Australian Legend, (Melbourne, 1958) 1–2. 25 Patricia Grimshaw, Marilyn Lake, Ann McGrath and Marian Quartly (eds) Creating a Nation, (Network Books, 1996) 2. 26 Barclay et al. above n 10, 92. 75 overwhelming male presence in Queensland coal mining towns which ‘epitomise the heart of Australia’s “blokeland”, a cultural landscape dominated by big machinery, big machismo, big drinking and where people are big at sports. In these coal mining towns women are marginalised by many processes..’27 Kerry Carrington’s research interviews with rural women uncovered similar sentiments, with one respondent recorded as having said: It’s a very blokey place out here.. just picture it.. huge machinery really big machinery roaring, throbbing, trucks going in and out, road trains, big diesel trucks. It’s a whole different world.. you can get swept away in the size and the height.. Some of the machines are really daunting, they’re huge. Working in that sort of situation is very much part of what makes rural men rural. It’s what they hang on to. It’s their identity.28 Barclay et al emphasise that ‘young women are significantly more inclined to leave small towns than young men,’29 the reasons for which they attribute to limited cultural and occupational opportunities for females in the bush.30 This is said to further contribute to the ‘ rough, hyper-masculine culture’ in the country, largely because the declining number of females ‘will only serve to further 27 Sanjay Sharma1 and Susan Rees, ‘Consideration of the Determinants of Women’s Mental Health in Remote Australian Mining Towns, Aust. J. Rural Health (2007) 15, 1–7 (citing C Gibson, ‘Researching the “Divorce Roster” with Women in the Coal Communities of Central Queensland’, in M-A Franklin, L M Short, E K Teather (eds) Country Women at the Crossroads: Perspectives on the Lives of Rural Australian Women in the 1990. [University of New England Press, 1994] 63). 28 Russell Hogg and Kerry Carrington, Policing the Rural Crisis (Federation Press, 2006) 165. 29 Barclay et al, above n 10, 101. 30 Bettina Bock and S Shortall (eds) Rural Gender Relations: Issues and Case Studies (CAB International 2006) 178. 76 entrench that culture and many of its negative, perhaps destructive features, such as heavy drinking and violence.’31 The results of various studies have concluded that rural men are far more likely to engage in reckless or dangerous behaviour. Rural men are known to be up to 1.7 times more likely to smoke cigarettes daily and 1.5 times more likely to drink dangerous quantities of alcohol, compared to men based in metropolitan areas- and these risks are proportionately increased according to their degree of rurality.32 The known higher incidence of alcohol consumption amongst rural men has been associated with values of ‘mateship’, ‘hardiness’ and ‘self-reliance’ and perpetuated in masculinised rural events such as ‘rural sporting events’ (particularly football) or ‘harvest or Bachelor & Spinster Balls’.33 It has also been found that the ‘consumption of high levels of alcohol by men is inversely proportional to the size of the population, ranging from 5% of men in a large rural centre to 8% in remote areas with less than 5000 people.’34 Referencing Carrington and Hogg amongst other sources, Barclay et al conclude that ‘men in rural Australia still die younger and on the whole have a higher risk of becoming 31 Barclay et al, above n 10, 101. 32 A Snapshot of Men’s Health in Rural and Remote Australia, Authoritative Information and Statistics to Promote Better Health and Wellbeing (Australian Government Institute of Health and Welfare, 2008) 13. 33 Prevention of Harm from Alcohol Consumption in Rural and Remote Communities’, Issues Paper No. 4, (2008) February, Prevention Research Quarterly (Australian Drug Info Clearinghouse) 5. 34 Ibid 1. 77 involved crime, particularly crimes of violence, intimate partner abuse and sexual abuse.’35 ‘It’s No Place For A Woman..’ In consideration of the saturation of male power in the bush, many have concluded that the ‘dangers of bush life’ render the rural space as ‘no place for a woman.’36 This tradition of ‘women as other’37 in the bush has necessitated the implementation of survival mechanisms for rural women who must battle the bush culture of ‘segregating and ridiculing (women), and stereotyping (them) as an inferior group’ which ‘builds the bonds of mateship and strengthens the masculine identity of men.’38 This stereotypical conformity generally serves to maintain the relatively subordinate female position within the community.39 Against these unfavourable odds, however, women in rural Australia continue to be admired for exemplifying a resilience of spirit which enables them to respond to hardship and adversity with an almost fierce dignity. 35 Russell Hogg and Kerry Carrington, Policing the Rural Crisis (Federation Press, 2006) 165. 36 Schaffer, above n 9, 52. 37 Ibid, 13–14. 38 Kenneth Dempsey, ‘Mateship in Country Towns’ in John Carroll (ed), Intruders in the Bush — The Australian Quest for Identity , (Oxford University Press, 1982), 139. 39 Susan T Fiske ‘Controlling Other People: The Impact of Power on Stereotyping’ (1993) 48(6) American Psychologist 621, 623. 78 It is clear, though, that this embodiment of perseverance, fortitude and ‘grace with grit’ by rural women is quite simply necessary, particularly in the workplace context. This is because to survive in a paid role in a work environment that is not traditionally women’s work (as discussed in Chapter Five) a rural woman must live a daily life as ‘other’. This means that whilst their work may be performed with aplomb, there is an ongoing cultural understanding (fuelled by the popular gendered representations of men and women in the bush as described above) that women working in traditionally male dominated environments might expect to encounter some gendered forms of resentment for their presence in a ‘male terrain’.40 It must also be said that there are, of course, many occupations in rural Australia which are not categorised as ‘traditionally male’ (even though rural Australia itself is saturated in male dominance). Research suggests, however that ‘working in feminist, women-specific organisations in a rural area exposes workers to particular risks’ and that these are primarily related to ‘living and working in small towns, the power of gossip, the many-layered links people have with each other and the increased possibility of professional isolation.’41 40 Barbara Gutek, Understanding Sexual Harassment At Work, 6(2) Notre Dame Journal of Law, Ethics and Public Policy, 335, 347. 41 Robyn Mason, ‘Do Everything, Be Everywhere: Feminist Support Services for Women in Rural Australia’ (2008) 23(58) Australian Feminist Studies, 485, 489. 79 A Legacy From The Past: Gendered Harm in Australian Tradition Anne Summers reminds us that women have gradually acquired a ‘kind of gut knowledge that they are ‘outsiders’42 which has frequently led to a deep sense of personal disempowerment and despair.43 Dixson agrees, proposing that this subordination of Australian women has historical foundations that ‘we have never outgrown’, hence the currently gendered ‘dominant cultural characteristic’.44 In recognition of historically gendered harm, Alison Alexander looks to examine the sexual cruelties inflicted on the first 24,000 convict women in the colonies of New South Wales and Tasmania following the arrival of the First Fleet in 1788. Most of these women were young, illiterate and transported for robbery:45 They were often at risk of rape or assault. On arrival, they were assigned to settlers as domestic servants, which masters often saw as including sexual services, but at least the women were maintained by someone else. Once they were released they were on their own in a society where men held all the power and predominated numerically- at first there were six men to every woman.46 Indeed, following the release of women from the literal irons of convict bondage and short of marrying a suitable man, sex often became the currency of survival. 42 Miriam Dixson, The Real Matilda — Women and Identity in Australia, 1788– The Present,(UNSW Press, 1999) 21. 43 See, eg, Nikki Gemmell, ‘Nice Girls Are Invisible. Disruptive is How You Are Noticed’ The Weekend Australian Magazine 7 June 2014. 44 Dixson, above n 42, 12. 45 Alison Alexander, A Wealth of Women — The Extraordinary Experiences of Ordinary Australian Women from 1788 to Today (Duffy & Snellgrove, (2001) 2. 46 Ibid, 2–3. 80 Women were frequently lacking in the requisite power and resources required to compete with male business endeavours in the colonies, so by providing what men valued- namely house-keeping and sexual services-47 some dignity, borne of self-sufficiency, could be carved from the harshness of daily life. Even when the sex was consensual, though, it could be rough and traumatic and women understood that ‘submission to rape could be part of the legal meaning of marriage for wives.’48 The vast discrepancy in ratio of men to women meant that the female influence which-in most instances- moderates the behaviour of men49 was notably lacking. Therefore, a type of rough norm prevailed and sex could be short, a business transaction more than an erotic adventure.50 Alexander cites that one man described in court how he retired with a woman to a rented room and stayed there for about five minutes.51 Despite the often-depleting sexual compliance of convict women, Alexander describes their demeanour as being ‘resourceful and cheerful, often without much regard for authority, but mostly able to maintain themselves in a tough environment. 52 Terry Colling agrees, indicating that the convict spirit was 47 Ibid, 3. 48 Wendy Larcombe and Mary Heath, ‘Developing the Common Law and Rewriting the History of Rape in Marriage in Australia: PGA v The Queen’ [2013] 34 Sydney Law Review 785, 806. 49 Terry Colling, Beyond Mateship — Understanding Australian Men (Simon & Schuster, 1992) 6. 50 Alexander, above n 45, 3. 51 Ibid, 9. 52 Ibid, 6. 81 frequently seeped in reliability, steadfastness, loyalty, ingenuity, courage, toughness and humour. 53 However, as much as the desolate and barren conditions of the colonies demanded these qualities in its women as much as its men, mates were male and women never became part of this exclusive society.54 This ongoing cultural dynamic is neatly expressed in the opening lines of Dixson’s The Real Matilda which in part reads: ‘…Australian women, women in the land of mateship, ‘the Ocker’, keg-culture, come pretty close to top rating as the ‘Doormats of the Western World’.55 Culturally and historically, however, there has perhaps been no group of Australian women more accustomed to the sense of being an ‘outsider’ than Aboriginal Australians. As explained in chapter one, traditionally, Aboriginal people were ‘less admired than bushrangers’ and whilst ‘Aborigines were pacified- emasculated’, Aboriginal women ‘became sexual objects.’56 Surviving as a Country Chick The presence of women in an environment, which is traditionally ‘male’ may be considered a real ‘threat’ by men, largely because (as described above) ‘there is much about rural production and culture that reflects social constructions of hegemonic masculinity.’ 57 Quite often such male resentment will be disguised as 53 Colling, above n 49, 9. 54 Ibid. 55 Dixson, above n 42, 11. 56 Barclay et al, above n 10, 5. 57 Hogg and Carrington, above n 28, 164. 82 sexual harassment, abusive behaviour or bullying in the workplace, because where external threats are perceived, ‘violence can become a way of enforcing boundaries, exercising power, asserting honour, policing boundaries and demanding deference in the face of sweeping challenges to the traditional masculine architecture of rural life.’58 The glorification of violence as a means of retaining control is also ingrained in historical bush mythology. For example, Barclay et al describe the Australian people’s deep fascination with Ned Kelly- a dangerously brutal bushranger, ‘and yet he possessed (masculine) qualities admired and lauded. The cities did not produce an equivalent mythology.’59 Nikki Gemmell has, however, captured the tenacious essence of the spirit of bush women against this backdrop of male resentment which is an emergent feature throughout history: They make ’em tough, those Aussie chicks. Back then and now. That deliciously steely, no-nonsense archetype holding her own against the blokes goes back a long way in Australian folklore. She’s called the Drover’s Wife and she’s rightly celebrated. Read about her in Henry Lawson’s story; gaze at all her sturdy glory in Russell Drysdale’s painting.. What a gal she is. A specifically Aussie chick. Resilient, outspoken, stoic - and respected for being as assertive as the men.60 Despite Gemmell’s well-intended salute to Australian rural women, the quietly insulting flip side of being celebrated as being ‘as assertive as the men’ is the 58 Barclay et al, above n 10, 93. 59 Ibid 5. 60 Nikki Gemmell, ‘Hail, The Drover’s Wife’, Weekend Australian Magazine, (3 September 2011) 1226126692662>. 83 implication that ‘male assertion’ (in whatever form it takes) is the supreme measure of strength. Inherent in Gemmell’s celebration is the collective underestimation of the power in the unique and formidable feminine response to adversity. In a similar vein, Miriam Dixson laments this nature of feminine comparison to men, criticizing what she sees as the resultant ‘frequent flatness of Australian women’.61 Citing Philip Slater, Dixson explains that ‘men, like all dominant groups, have generally been successful in getting women (like other ‘minority’ groups) to accept whatever definition of their essential character has been convenient for men.’62 However, whilst the entrenched token status of bush women prevents them from easily transforming the deeply ingrained bush culture63 (particularly in the workplace context) and whilst the stereotypical characterisation of bush women remains a common default, their formidable resilience continues on. Sometimes this feminine formidability takes on a radical form and the woman may adopt masculinised characteristics and behaviour in the spirit of aligning her loyalty to the dominant male bush construct. This is a common coping mechanism (and is by no means a rural phenomenon only) which Easteal and McOrmond-Plummer describe: 61 Dixson, above n 42, 16. 62 Ibid, 16, (citing Philip Slater, The Pursuit of Loneliness [Beacon Press, Boston, 1970]. 63 R Kanter, ‘Some Effects of Proportions on Group Life: Skewed Sex Ratios and Responses to Token Women’ 82(5) American Journal of Sociology 965. 84 To be branded ‘ladies’ is a painful insult because it implies weakness and inferiority. On the other hand, a woman who fights, takes on a traditionally masculine job or shows competitive power is said to have ‘balls’. She might also be called a ‘ball-breaker’, which openly reveals the sense of threat that such a woman instils in some men.64 Sheryl Sanberg explains that the reason for this sense of threat is because ‘aggressive and hard-charging women violate unwritten rules about acceptable social conduct.’65 The irony is that in striving to form an allegiance with men by adopting some heavily masculinised behaviours, the woman is seen by both men and other women to be in breach of the social contract and this often results in retaliation by threatened men and forms of bitchiness by women who resent the breach. Anne Summers discusses this double whammy: The woman who eschews femininity, who is content with her natural shape and size and smell, who is impatient with the lengthy rituals of femininity, is condemned by both sexes. To women, she is an uncomfortable reminder of the extent to which they have abandoned themselves to the demands of men. To men, she is a threatening warning that their domination is not total.66 Summers suggests that the only way for women to avoid this nature of scrutiny by both men and other women is by ‘increasing their subservience to the code of femininity and hoping that, in this way, they will achieve their accolade of male 64 Patricia Easteal and Louise McOrmond-Plummer Real Rape, Real Pain (Hybrid Publishers, 2006) 38. 65 Sheryl Sanberg, Lean In — Women, Work and the Will to Lead (WH Allen, 2013) 17. 66 Anne Summers, Damned Whores and God’s Police (Penguin Press, Revised Ed., 1994) 287. 85 approval.’67 So, women who exist in male saturated environments are essentially ‘damned if they do, and damned if they don’t’. That is, they are damned if they don’t impress as being as ‘assertive as the men’, but they must not threaten the social order by becoming too far removed from the stereotypical feminine persona. The Ties that Bind- The (Male) Tradition of Mateship Kay Schaffer describes the impossible task of adequately encapsulating semi- sacred Australian traditions, including the tradition of mateship. She concludes, however, that it is something ‘that is easily recognized, sometimes seriously and with a sense of pride, but more often with a gamut of emotions which run from amusement, to embarrassment, to hostile rejection.’68 Terry Colling is equally as liberal in describing ‘mateship’ as a value which ‘is broadly defined as ‘a code of conduct among men stressing equality and friendship.’69 In his historical work ‘The Australian Legend’, Russel Ward seeks to capture the essence of the quintessential Australian ‘bloke’, placing great emphasis on the quality of mateship which he sees as being of ‘above all’ importance: ..he is a great 'knocker' of eminent people unless, as in the case of his sporting heroes, they are distinguished by physical prowess. He is a fiercely independent person who hates officiousness and authority, especially when those qualities are embodied in military officers and policemen. Yet he is very hospitable and, above all, will stick to his 67 Ibid, 288. 68 Schaffer, above n 9, 4. 69 Colling, above n 49, vii. 86 mates through thick and thin, even if he thinks they may be in the wrong.70 Kenneth Dempsey also creates impressions of an invisible contract for mates in his description of masculine country values and the sanctity of mateship within that fabric. He writes of the fundamental beliefs and values which are upheld by one mate to another in the course of their relationship: They believe that Jack is as good as his master, or even better; that mates must never bludge on one another; that a man’s word is his bond; that women are inferior to men; and that the company of mates is preferable to the company of women. However, the opportunities for expressing such values and beliefs are severely limited.71 Indeed, mateship is a social phenomenon which is a vehicle of expression for male relationships and is celebrated in Australian media with light humour and cheekiness. One example is the popular television commercial for Carlton Mid- Strength Beer.72 In the advertisement we see a group of mates ‘randomly’ bumping into one another at a holiday resort (having obviously colluded to book the same ‘romantic escape’ venue with their respective partners with a view to all holidaying together). We see the men- clad in stubbie shorts and thongs- feign delighted surprise as they spot each other around the resort pool (to the obvious eye-rolling of their partners), exclaiming “who would’ve thought!” and shaking their heads in wonder. The advertisement culminates with the mates happily 70 Ibid 24. 71 Kenneth Dempsey, ‘Mateship in Country Towns’ in John Carroll, Intruders in the Bush (Oxford University Press. 1982) 135. 72 Coincidence’, Carlton MIDI television commercial, March 2013, 87 slapping each other’s backs as they scoot away from their flabbergasted partners to ‘catch up for a beer’. Colling sees this sort of anxious quest for the haven of mateship as evidence that ‘men hunger for the kinds of friendships they believe women have with each other.’73 This hunger is conveyed in the beer commercial in that the men are seen to relish the opportunity to celebrate their mates in the company of their female partners. Mateship also provides men with an opportunity to transcend the natural competitiveness which is attributable to male dynamics in the interest of working together for a common purpose (quite often to remedy a threat of some nature).74 Frequently, the ‘threat’ takes the form of the unwanted presence of females in a predominantly male environment (such as a traditionally male workplace), giving men the opportunity to ‘band together’ to ‘put the woman back in her place’. There is, however, some speculation that the cultural dynamics of mateship may be shifting to acknowledge some ‘women as mates’ in certain (and relatively rare) circumstances.75 In the context of rural dynamics, though, there is a real threat to ‘a certain kind of rural masculinity’76 which would render it unnatural for women to be regarded as a true ‘mate’. This is 73 Colling, above n 49,126. 74 Ibid, 10. 75 Gregory Denis, It’s All About Australia, Mate (Exisle Publishing, 2004) 20. 76 Barclay et al, above n 10, 93. 88 unfortunately consistent with Miriam Dixson’s observation that ‘men like women less in Australia than in any other community I know.’77 Mateship as a Form of Homosocial Relating The maintenance of male relationships with other males (often in the form of ‘mateship’) is known as ‘homosocial interaction and has historically been critical in the maintenance of traditional social order- including the subordination of women. 78 In the course of maintaining the same-sex friendships, men will naturally ‘perform gender’ by demonstrating to their male counterparts that they are able to segregate themselves from women in certain ways.79 Examples of such might be seen when men behave in a ‘blokey’ manner, make jokes about the opposite sex, demonstrate a willingness to be ‘daring’ in some way or when they demonstrate their relaxed and ‘unfussy’ approach by adopting a ‘she’ll be right’ attitude. Men might: ..inflate their self-importance by re-affirming together the inferiority of women as a class, stereotyping them as silly, sentimental and prone to gossip. Women are portrayed as men’s jail-keepers..80 77 Dixson, above n 42, 17. 78 Michael Flood et al (eds) International Encyclopaedia of Men and Masculinities (Routledge, 2007) 424. 79 Ibid 80 Dempsey, above n 71,135. 89 The pay-off for males who demonstrate these types of characteristics is the approval which is offered by other males81- often in the form of a chuckle or a grin between mates. On one level this nature of male bonding is a natural part of healthy male interaction and the maintenance of a male persona. Sue Lees explains that for males: ..reputation depends on many things, like being tough, witty, smart or good at sports. His standing in the world is not only determined by his sexual status or conquests. Equally important is his sporting or fighting prowess, his ability to ‘take the mickey’ or be one of the boys..’82 The Dark Bush Shadows- Gendered Harm in the Bush: One natural risk that accompanies this burning drive to be ‘one of the boys’ is the development of a culture of exclusion and intolerance towards women- and in some contexts this may manifest as sexual harassment or other extreme forms of gendered harm. In this way, Reitzel-Jaffe and Wolfe consider male homosocial relationships to be a likely breeding ground for the cultural acceptance of sexualised violence towards women.83 81 Flood et al, above n 78, 424. 82 Lees, above n 19, 30. 83 Deborah Reitzel-Jaffe and David A Wolfe, ‘Predictors of Relationship Abuse Among Young Men’ (2001) 6(2) Journal of Interpersonal Violence 99. 90 A token female may play a critical role for males who are engaging in homosocial bonding because her presence enables men to both demonstrate their sexual interest in females (thus eradicating any confusion that their interactions with men might be of a homosexual nature rather than being purely homosocial) and bond with males in an intensified way. In its most extreme form, gang rape and associated atrocities become the collective expression of the unified male position. As Messner describes: men’s use of female bodies to bond with each other is central to the dynamic of gang rape.84 She goes on to explain that from the point of view of the women, the rape is not a sexual experience; rather, it is a violent, degrading and painful assault on one’s body.85 However, from the perspective of the pack of men, ‘the male group uses the debased, violated woman’s body as an object through which to have sex with each other.86 There is therefore a risk that ongoing patterns of homo-social behaviour will become acceptable to women and will start to feel normal- even if those patterns of behaviour are not good for her well-being. Patricia Easteal describes this phenomenon: 84 Michael Messner, Taking the Field — Women, Men and Sports, University of Minnesota Press, 2002) 39. 85 Ibid, 40. 86 Ibid. 91 Through the lenses of the women’s experiences, abuses become so normative that its victims may trivialise or normalise it to the point of invisibility. The bizarre becomes normal.87 In view of the crisis which certain traditions of rural masculinity might be facing, some men (either as individuals or in homosocial groups) may also resort to more extreme measures to retain control of their identity as they know it. Barclay et all describe violence as being one way of ‘enforcing boundaries, exercising power, asserting honour, policing boundaries and demanding deference in the face of sweeping challenges to the traditional masculine architecture of rural life.’88 Certainly, for some men who suffer from low self- esteem, who are encountering overwhelming obstacles in daily life, ‘or who cannot cope with a daily feeling of powerlessness, violence against women can become a means of trying to affirm their personal power in the language of the sex-gender system.’89 The uncertainties and challenges of everyday rural life and the accompanying loneliness may certainly give rise to this sort of powerless feelings amongst some rural men. Furthermore, contrary to the popular mystique that rural communities are places of ‘unquestionable moral virtue,’ data suggests that ‘the further from the metropolitan capital the higher the per capita rate becomes for violent crimes, 87 Patricia Easteal, ‘Violence Against Women in the Home —Kaleidoscopes on a Collision Course?’ (2003) 3(2) Queensland University of Technology Law & Justice Journal [Queensland UTechL&Just.J] 290. 88 Barclay et al, above n 10, 93. 89 Michael Kaufman, The Construction of Masculinity and the Triad of Men’s Violence in Beyond Patriarchy: Essays By Men on Pleasure, Power, and Change (Oxford University Press, 1987) 17. 92 such as assault, domestic assault and sexual assault.’90 Numerous other reports have concluded that the rate of crime and abuse in rural and remote Australia are much higher than any set of data has suggested,91 primarily because of the gross levels of under-reporting for a myriad of reasons (as explored below). Pertinently and as outlined previously, the sexualisation of women has long been a feature of bush living in Australia. It is agreed that ‘the gendered nature of violence has always been part of the culture of Australian life since colonisation’92 and Dixon laments the way that current social dynamics have been shaped by time-worn gender relations, concluding that ‘in this question of man-woman relations, Australian men, by and large, still look pretty backward.’93 Certainly in recent times, Carrington has drawn attention to the alarming statistic that confirms the prevalence of gendered crime in rural areas: In 2004, 45 of the 50 hotspots for sexual assault in NSW were situated outside the Sydney metropolitan statistical division. Most were townships located in rural and regional areas of the State.94 90 Hogg and Carrington, above n 28, 88–89. 91 See, eg, Australian Institute of Criminology, various reports in Rural and Regional Crime Research 92 Ros Thorpe and Jude Irwin (eds), Women and Violence — Working for Change (Hale & Ironmonger, 1996) 3. 93 Dixson, above n 42, 17. 94 Hogg and Carrington, above n 30, 171 (citing 93 In discussing the significance of this statistic, Carrington considers the findings of crime victimisation studies which demonstrate ‘that like domestic violence, most sexual assaults occur in private and very few are reported to the authorities, especially where the offender is known to the victim.’95 In consideration of the work of Carrington,96 ‘sexual harassment probably occurs more frequently (proportionately) in rural/regional workplaces than in their urban counterparts’. 97 It is important to understand, however, that ‘the architecture of rural life’ would probably mean that a ‘cloak of silence’ enshrouds violence against women98 and so any official statistics would be especially conservative. In the next chapter ‘It’s All A Bit Different Out ‘ere..” , the practical characteristics which create the ‘architecture of rural life’ are explored in further detail. The impact on these characteristics on the experience of gendered harm is also considered in this chapter. 95 Hogg and Carrington, above n 28, 171. 96 Carrington, in Barclay et al, above n 10, 89–90. 97 Skye Saunders and Patricia Easteal, ‘Sexual Harassment in Rural Australia — Predicted Nature, Reporting, Employment Policies and Legal Response’ (Paper, presented at the National Rural and Regional Law and Justice Conference, Warnambool, Victoria November 2010). 98 Carrington, in Barclay et al, above n 10, 89–90. 94 CHAPTER 4 ‘It’s All a Bit Different Out ‘ere ...’: Special Characteristics of the Bush and their Effect on Reporting Rates Introduction There are numerous reasons why the reporting rate of gendered harm is particularly low in the bush. Research indicates that rural women who fall victim to violence and domestic abuse face an assortment of concerns that city-based victims may not, and which are a function of their geographical isolation.1 Wendt and Hornosty provide a summary of these assorted concerns, specifically highlighting issues of ‘financial dependency and stress, limited access to information and services, physical distance and isolation and a perceived lack of confidentiality and anonymity.’2 A rural woman’s navigation of the complex relationships between individuals and also between organizations in rural communities is often complicated by blurred lines between individual roles in the public (the workplace) and the private (the social sphere). For example, ‘violent men in rural communities are 1 See, eg, Margaret Alston ‘Violence Against Women in a Rural Context’ (1997) 50(1) Australian Social Work 16; Margaret Alston, Women on the Land: The Hidden Heart of Rural Australia, (University of NSW Press, 1995) 143. 2 Sarah Wendt and Jennie Hornosty, ‘Understanding Contexts of Family Violence in Rural, Farming Communities: Implications for Rural Women’s Health’ (2010) 20(1) Rural Society 52. 95 more likely to be protected by an “ol’ boys network’ or by ‘local police who may be friends with the abuser.’3 These culturally entrenched ‘unwritten policies’ in the bush are cemented by the prevailing attitude that ‘bloody sheilas are trouble’. Indeed: ..women have historically been regarded as inadequate morally, as incomplete in their moral development, at worst as dangerously irrational creatures who, if not controlled, are capable of disrupting culture and process.4 In view of these social dynamics, the strong possibility of being subject to community gossip is a significant factor in deciding whether to seek assistance. A further fear for rural women is that of being seen to break the traditional rural value of being self-reliant.5 Yet, if rural victims do feel confident in reporting incidents of harm, local assistance will not necessarily be readily available6 and the services that do exist will often be under-funded.7 It is estimated that the force of this reality prevents up to 95% of gendered harm from being reported in 3 Callie Marie Rennison, Walter S. DeKeseredy and Molly Dragiewicz, ‘Intimate Relations Status Variations in Violence Against Women: Urban, Suburban and Rural Differences’ 19 (11), Violence Against Women, 1312, 1313. 4 Sue Lees, Sugar and Spice — Sexuality and Adolescent Girls (Penguin Press, 1994) 247. 5 See, eg, C Eacott and C Sonn, ‘Beyond Education and Employment: Exploring Youth Experiences of their Communities, Place Attachment and Reasons for Migration’, (2006) 16(2) Rural Society 199, 208. 6 R Green, R Gregory and R Mason, ‘It’s No Picnic: Personal and Family Safety for Rural Social Workers’ (2003) 56(2) Australian Social Work 94, 96. 7 Margaret Alston, 'Globalisation, Rural Restructuring and Health Service Delivery in Australia: Policy Failure and the Role of Social Work’, Health and Social Care in the Community (2007) 15 (3) 195, 198. 96 the bush- particularly if the victim knows the perpetrator.8 Some of these central problems are discussed below. Not A Soul in Sight- Isolation and Lack of Support Services Rural work is done against the backdrop of the geographical harshness of the Australian bush- a land peppered with McKellar’s ‘droughts and flooding rains’9 and its associated burdens of isolation, economic hardship and job scarcity, loneliness and distance.10 To live in rural Australia denotes various sacrifices, some of which are described in the following extract from a study of the impact of remoteness on childbirth and caring for a baby: ‘Remote’ was defined as ‘distant from urban centres where supplies of goods and services, and opportunities for social interaction, are concentrated.’ An alternative to this definition is having to drive hundreds of miles over pot-holed, dirt roads. These roads may be dusty or a quagmire, depending on the season, and often impassable. In addition, those who live in remote areas must contend with flies, snakes, spiders, scorpions and other pests, as well as floods and drought. They rarely see a person apart from immediate family for days, weeks and sometimes months, on end.11 8 Russell Hogg and Kerry Harrington, (citing Carcach 1997,4) Policing the Rural Crisis (Federation Press, 2006) 148. 9 Dorothy MacKellar, ‘My Country’, in Inglis Moore, Poetry in Australia Volume 1 — From the Ballads to Brennan (University of California Press, 1965) 251. 10 Greg Hall and Melinda Scheltens, 'Beyond the Drought: Towards a Broader Understanding of Rural Disadvantage’ (2005) 15(3) Rural Society 348, 352. 11 G Greenwood and B Cheers ‘Women, Isolation and Bush Babies’ (2002) 2 (0nline) Rural and Remote Health 99 97 The absence of daily connection with a range of other human beings is a loneliness which ripples throughout rural and remote Australia like an epidemic. Women in particular develop small social networks of friends and neighbours, although for those who are contracted for short periods (such as fly-in/ fly-out miners or contracted shearers), the development of meaningful relational bonds can be difficult and ‘commonly women still regard their relationships with relatives and friends back in their home towns as their basic source of support’ resulting in an increased feeling of ‘marginality and anomie’.12 The compounding of physical isolation with mental isolation is potentially further damaging to the overall wellbeing of many rural Australians.13 This is an increasing problem for rural woman because of the ‘system of social practices that generally dominates and oppresses rural and urban females alike, but it operates differently in rural areas.’14 Margaret Alston surmises that whilst gendered harms such as domestic violence are under-reported generally (because they take often place in the private domain), the incidence of such harm is likely to be even more problematic in rural Australia because the implications may be ‘too extreme to contemplate’.15 12 Sanjay Sharma and Susan Rees, ‘Consideration of the Determinants of Women’s Mental Health in Remote Australian Mining Towns’, (2007) 15 Australian Journal of Rural Health (AJRH) 1, 4. 13 Russell Hogg and Kerry Carrington, Policing the Rural Crisis (Federation Press, 2006) 156. 14 Rennison, DeKeseredy and Dragiewicz, above n 3, 1313. 15 Alston, ‘Violence Against Women in a Rural Context’, above n 1, 20. 98 In fact, even where there are resources such as police available, there are still mortifying problems associated with disclosing an incident of gendered harm which tend to manifest as fears. In her study of police responses to rural violence again women Deb Nicolson explains: .. paradoxically, most police believed that fear was a major deciding factor in “why victims of family violence might not report the crime to police in small country towns”. Fear of dealing with police who know the family, fear of retribution/ repercussions, fear of what people might say, fear that police will not help them and fear of being disbelieved.16 These types of fears have contributed to the development of the entrenched cultural acceptance that in the bush there are ‘sharper boundaries drawn around private and community life and against outside social interventions that might be thought to threaten rural identity.’17 These boundaries are further enforced by the ideology of self-reliance which is a powerful, driving force amongst rural women.18 Self-reliance tends to be associated with the resilient tendency for bush women to ‘just get on with it’, without being seen to ‘make a fuss.’19 Wendt explains that this culture of self-reliance and pride ‘could encourage people to keep social problems private, hidden, and ignored, and could also contribute to feelings of shame and embarrassment when asking for help or accessing 16 Deb Nicholson, ‘It’s Only a Domestic: A Rural Perspective on Police Responses to Violence Against Women’ (1998) 4 (July) Women Against Violence 15, 19. 17 Barclay et al (eds), Crime in Rural Australia (Federation Press, 2007) 90. 18 Hall and Scheltens, above n 10, 358. 19 C MacKinnon, Sexual Harassment of Working Women — A Case of Discrimination (Yale University Press, 1979) 40. 99 services.’20 In a recent survey of rural women’s wellbeing, 25% of participants indicated that they feel that their general wellbeing level was very low, indicating that the following would serve to improve that level: ..less stress and more time; better working conditions; better financial circumstances; a breaking of the drought; better access to health, mental health, welfare and telecommunications services; more access to leisure facilities and time, better relationships and a holiday.21 When a woman is the victim of gendered harm and is inclined to seek the assistance of support services, there are inadequate social and legal services available in rural areas.22 There is also relatively little scholarly discourse relating to the operations of that do exist.23 This has led one academic to lament that “with so little research available about Australian women’s services in general, it is hardly surprising that there is even less known about how these services operate in rural areas.”24 20 Sarah Wendt. ‘Constructions of Local Culture and Impacts on Domestic Violence in an Australian Rural Community’ (2009) 25(2) Journal of Rural Studies 175, 181. 21 Alston et al, ‘Brutal Neglect: Australian Rural Women’s Access to Health Services’, (2006) 6 (475) Rural and Remote Health 1, 5. 22 See, eg, Simon Rice, ‘Access to a Lawyer in Rural NSW — Thoughts on the Evidence We Need’ (Paper presented at the National Rural and Regional Law and Justice Conference, Warnambool, Victoria, November 2010) 23 Ibid. 24 Robyn Mason, ‘Do Everything, Be Everywhere’ (2008) 23(58) Australian Feminist Studies 485, 487. 100 There are, of course, generalised community services operating in rural Australian communities, but there are known complexities attached to utilising these services for the rural victim who must navigate the ‘unwritten rules’ of the centre: Workers and residents actually have to live and work in the local community, with its prejudices, conflicts and politics. This can mean that they are reluctant to do things the way an outside agency wants. We have to be wary of creating situations that locals then find uncomfortable to live in day to day.25 Indeed, rural regions are marked by isolation and conservative attitudes about violence against women26 with one scholar concluding: In all of these accounts, a similar story is told: the rural factors of distance, male-dominated institutions, concerns about anonymity and privacy, and economic considerations all affect the access that women have to specialist services (where they exist) and mainstream helping agencies, including those in the justice system.27 “Every Penny Counts..” One of the most important issues facing rural communities is unemployment.28 Given that employment in rural Australia is not easy to secure29 and it is natural 25 Laurene Dietrich and Robyn Mason, ‘There's No Full-on Rape Here: Confronting Violence against Women in a Country Town’ (1998) 4(July) Women Against Violence: An Australian Feminist Journal 8, 11. 26 Alexandra Neame and Melanie Heenan, Responding to Sexual Assault in Rural Communities (Briefing Paper Number 3), (Australian Institute of Family Studies, 2004). 27 Mason, above n 24, 489. 28 See, eg, Barclay et al, above n 17, 102. 29 Eacott and Sonn, above n 5, 200. 101 for people to regard themselves as fortunate in obtaining paid employment in the country. A woman’s paid work in the rural context can be particularly treasured for a myriad of reasons, including the enhanced social value that it affords her public profile: The public–private divide constrains and restricts women to a private realm where caring is the primary role, and as long as this role is undervalued, women will need to become like men to enjoy the benefits of full participation in the community.30 Further contributing to rural workforce gender dynamics is the increased number of young women who are ‘significantly more inclined to leave small towns than young men’ due to particularly limited economic and cultural opportunities available to females in many rural communities.31 It is understood too that this pattern ‘will only serve to further entrench that culture and many of its negative, perhaps destructive features, such as heavy drinking and violence’.32 Furthermore, in the context of families on the land, the ‘lack of adequate social security provisions means that the hardships experienced by many farm families have translated into extreme poverty’.33 This type of hardship often necessitates that the woman secures a second job outside of performing her farm and home 30 Robyn Mason, 'Building Women’s Social Citizenship: A Five-Point Framework to Conceptualise the Work of Women-Specific Services in Rural Australia’ (2007) 30(4) Women's Studies International Forum, 299, 383. 31 Barclay et al, above n 17, 101. 32 Ibid. 33 Alston, ‘Violence Against Women in a Rural Context’ , above n 1, 16. 102 duties to sustain a reasonable standard of living for the family. Furthermore, ‘poor seasons (e.g. drought) greatly reduce the injection of money into the economies of rural towns, resulting in lower levels of employment, lower incomes and greater numbers of bankruptcies.’34 Where a woman is working a second job in a rural community to support her family, she would naturally be disinclined to jeopardise that work in any way. If she encounters sexual harassment in the workplace, she may elect to ‘grin and bear it’ if rather than be seen to make an ‘unnecessary fuss’ and potentially lose credibility and ultimately be forced out of her paid employment. Accordingly, one study on gendered violence towards rural nurses found that ‘there is a culture of non-reporting, denial and minimisation of the importance of such episodes both by nurses and management.’35 Similarly, where one employer is the major source of community employment, a culture of tolerance for inappropriate workplace behaviours can develop because the economic benefits of retaining one’s position may be seen to outweigh any advantages associated with reporting poor employee behaviour. For example, Russell Hogg describes the impact of a local abattoir on the entrenchment of gendered cultural complacency: The town’s heavy economic and cultural dependency on a single employer- the abattoir- was, however, commonly singled out by a range of respondents as contributing to a culture of complacency about violence towards others and not just sexual violence… Like 34 ‘A Snapshot of Poverty in Rural and Regional Australia’ (14 October 2014), National Rural Health Alliance Inc, 12. 35 Mason, Gregory and Green, above n 6, 96. 103 sexual assault more generally, much of it that occurs in the workplace would remain hidden beneath the threshold of public scrutiny or visibility anyway.36 It is in this context that the phenomenon of bizarre behaviour becoming normalised is naturally cultivated. This cultural trend is explored further below. “Did you hear about what she did?” The Power of Gossip and Shame: In rural towns there are natural restrictions associated with choosing friends, acquaintances and social groups. Related to this, is the tendency for limited privacy and confidentiality in general personal affairs which always run the risk of being divulged to the community social network at large. 37 Of course, sometimes the rural network is something to be celebrated, particularly when appropriate community news is able to be communicated quickly and essentially. This is because ‘sharing one’s concerns and troubles give us a sense of connection and is an integral part of female friendship.’38 However, it is not uncommon for sexual assault victims and those who survive domestic violence to respond to the violence with feelings of shame/blame, 36 Hogg and Carrington, above n 13, 176. 37 Dietrich and Mason, above n 25, 10. 38 R Oakes-Ash, Anything She Can Do, I Can Do Better — The Truth About Female Competition (Random House Australia, 2003) 28. 104 minimization and denial.39 Minimising and/or trivialising abuse may be a psychological mechanism triggered by the dynamics of the violence. These emotional responses to trauma are also correlates of some community attitudes that minimise the seriousness of violence against women. For example, women who disclose instances of partner rape may experience community responses that discount the harm.40 Examples of these responses might include people telling the victim that that she is ‘feeling sorry for herself’ or that she is ‘overreacting to something that is not really a “big deal”’ or that since she stayed or returned that it couldn’t have “hurt very badly.”41 In the context of sexual harassment Abuse, taunts, insults and other everyday micro- inequities of harassment that are sexed are trivialised and dismissed because they are deemed to be insufficiently sexual.42 These attitudes are conducive to both individual43 and community denial.44 For 39 Patricia Easteal and Louise McOrmond-Plummer Real Rape, Real Pain (Hybrid Publishers, 2006) 72. 40 Ibid. 41 Ibid. 42 Margaret Thornton, ‘Sexual Harassment Losing Sight of Sex Discrimination’ (2002) 26(2) Melbourne University Law Review 422. 43 Karin V Rhodes and Wendy Levinson, ‘Interventions for Intimate Partner Violence Against Women Clinical Applications’ (2003) 289(5) Journal of the American Medical Association 601. 44 Linda McKie, Families, Violence and Social Change (Open University Press, 2005) 152. 105 the victims or targets of violence, the “bizarre” and abusive actions may become normalised and unnamed.45 This exacerbated by cultural mythology that defines violence in narrow terms and therefore in the context of sexual harassment, behaviours may become so “routine or habitual that they become functionally invisible”.46 The damaging impact of country gossip in this context cannot be underestimated. This is true both for the victim of the gendered harm and for other victims of harm in the community who might hear the painful whispers (and decide not to risk their own wellbeing by reporting their own personal trauma and being subject to the scrutiny of the town). Gossip is, ‘after all, nothing more than talking about other people behind their backs.’47 In her interviews with members of small rural communities, Kerry Carrington observed the rampant nature of small town gossip, with one participant saying: There’s very little happens that you don’t hear about. It’s the same in all small towns everybody knows everybody.. I might be a hundred kilometres out of town but I’ve only got to come to town for a day and I hear what’s been going on for the last few weeks..48 45 Skye Saunders and Patricia Easteal, ‘I Just Think It All Comes Down to How A Girl Behaves — As To How She Is Treated: Sexual Harassment Survival Behaviours and Workplace Thinking In Rural Australia’, in P Easteal (ed), Justice Connections, (Cambridge Scholars Publishing, 2013) 107. 46 Fiona Wilson and Paul Thompson, ‘Sexual Harassment as an Exercise of Power’ (2001) 8(1) Gender, Work & Organization 61. 47 R Wilkes, Scandal: A Scurrilous History of Gossip (Atlantic Books, 2003) 6. 48 Hogg and Carrington, above n 13, 151. 106 When a woman becomes the topic of gossip her (perceived) choices, behaviour or values are critically assessed and de-constructed by any number of community members at a time and initially without her knowledge.49 Often the gossip is embellished with additional detail (which may or may not be accurate) and continues to be distributed throughout the community, becoming a source of ‘spicy’ entertainment. This motivation for ‘spiciness’ is often a quest for the discovery of ‘scandal’. Wilkes explains: Scandal, gossip’s flapping cloak strikes a darker chord. What draws us is the sight of a hypocrite standing naked before us in the ruins of reputation, and the reek of moral or social outrage in our nostrils.50 The adornment of fact might therefore occur to fuel the flame of scandal, which would ultimately justify blaming the victim for her own damaged state of being. Quite often those who engage in gossip are people whom the target would regard as ‘friends’, which only adds to the feelings of humiliation, embarrassment and shame when the target of gossip becomes aware of its circulation.51 Speaking of this nature of intimate gossip, Polly Toynbee explains that ‘women are critical of other women because of their own insecurities. They put them onto other women.. Some women are lethal, poison.’52 Ultimately, the woman at the centre of the rumour is stereotyped according to her (perceived) choices, behaviour or valued and is sometimes rejected as a ‘bad woman’ in the community and sometimes accepted as a ‘good’ one.53 49 See, eg, David Archard, in Matthew Kieran (ed) Media Ethics (Routledge, 1998) 91–92. 50 Wilkes, above n 47, 7. 51 J Lichtenberg, Sensuality and Sexuality — Across the Divide of Shame (Analytic Press, 2008) 125. 52 Polly Toynbee, cited in Oakes-Ash, above n 38, 9. 53 Tim Bunnell, D Parthasarathy and Eric C Thompson, Cleavage, Connection and Conflict in Rural, Urban and Contemporary Asia (Springer Press, 2013), 95. 107 Sexualised gossip can be particularly ‘scandalous’ and likely to be spread throughout rural communities: In rural towns where the community is close-knit and where there is little privacy and confidentiality, the news of a public crime of sexual assault, or stranger-rape, will reach the whole community, unlike the anonymous victim and perpetrator situation reported in a metropolitan area. However, it may be too painful for any community, urban or rural, to confront the private violence against women and children occurring behind closed doors in the same street or neighbourhood. Official terminology describing criminal assault in the home as ‘domestic violence’ feeds the perception that these acts are private and should be responded to privately.54 This means that although a woman’s experience of sexualised harm by a known member of the community might be quietly circulated as news amongst the town, people may tend to be less inclined to ‘cast judgement’ when the perpetrator is also known to them. It is not just the victims of gendered harm who risk being the subject of community gossip, however; so too do women in the community (often in the workplace context) who challenge the traditional social contract by being too ‘chummy’ or familiar with the male cohort. Indeed: ..girls who hang with the boys are labelled ‘easy’ by the females. Women who make it to the top know they can be floored by the girls inferring they found their way there via someone else’s bed. As a result, many women sabotage their own rise to the top for fear of losing friendships and many women sacrifice friendships in favour of career..55 When a female responds in this way it is probably driven by her discomfort at the prospect of another women achieving in areas where she could not. As Naomi Wolf surmises, ‘when someone has repressed her own will, she is unlikely 54 Dietrich and Mason, above n 25, 10. 55 Oakes-Ash, above n 38, 147. 108 to want to see other girls or women express their wills and get away with it.’56 In a similar vein, Simone de Beauvoir bemoans female friendship as ‘rarely rising to genuine friendship’ because ‘they all face together the masculine world whose values they wish to monopolize each for herself’ thus meaning that ‘each woman sees in every other an enemy.’57 Apart from the damage to the fabric of the victim’s wellbeing which might manifest as mortification, shame, fear or self-blame (amongst other responses), the cost of community gossip has significant impact in other, very real ways. Carrington refers to Macklin’s study of a small Australian country town as revealing in the context of the power of gossip, saying that ‘local gossip networks had a powerful sanctioning effect in small communities:’58 To protect reputation and privacy, local residents who could have benefited from accessing social services were loathe to. Shame here attaches not so much to the infliction of violence, but to public disclosures that not only affect the reputation of the individual victim (as well as the offender) but offend against the caring and cohesive image of the community with which the identity of its individual members is closely enmeshed..59 This concern for the welfare of the perpetrator as well as her own ‘reputation’ may partly be attributable to fear. Apart from the immediate fear for her safety and reputation, women may paradoxically fear losing the confidences of those in her support circle as Lees explains: ..One reason why so few girls talk even to their closest friends about sexual desire or actual sexual behaviour is through fear that their friends might betray them and gossip- spread the rumour that they are a slag.. Boys have less to betray in regard to other boys’ 56 Naomi Wolf, Fire With Fire (Vintage Press, 1994) 294. 57 Simone De Beauvoir, The Second Sex (Penguin Books, 1972) 67. 58 Hogg and Carrington, above n 13, 71. 59 Ibid. 109 confidences, as their reputations are not based primarily on their sexuality..60 It may also be that a woman has a naturally greater capacity for empathising with the plight of other people61- sometimes even over-empathising with her own offender at the expense of her own wellbeing. This is perhaps all the more probable because women are documented as tending to see violence as an ‘interpersonal problem’62 which may lead to some level of acceptance of violence as a bizarre norm. In combination with a woman’s tendency to internalise strong emotions such as anger,63 this may in turn lead to some level of self-blame for acts of harm which a woman has encountered. “Good one!” Blaming the Victim Related to gossip is the normative culture that blames the victim of gendered harm, rather than the perpetrator of that harm.64 This is a correlate of cultural beliefs that victims of sexual or domestic violence have precipitated the violence with their behaviour: for instance in one survey almost one half of the European Union respondents viewed that the provocative behaviour of women as a cause of violence against women.65 Research also indicates that there is a prevalent 60 Lees, above n 4, 80. 61 Loren Toussaint and Jon Webb, ‘Gender Differences in the Relationship Between Empathy and Forgiveness’ (2005) 145 (6) Journal Soc Psychology, 673, 685. 62 Lees, above n 4, 247. 63 Ibid 227. 64 Patricia Easteal, Voices of the Survivors (Spinifex Press, 1994) 1. 65 Enrique Gracia, ‘Unreported Cases of Domestic Violence against Women: 110 belief that women who are victimised in the home are in part responsible since they have remained there.66 A recent survey by Victoria Health indicates that a high number of Australians still believe that rape or domestic violence is justifiable in some circumstances.67 A similar ‘victim-blaming’ ethos has been found in workplaces with sexual harassment: Although many women officers experience sexual harassment, they have not united or taken coordinated action to press for change. Instead, women tend to reproach other women, asserting that those who get sexually harasses “ask for it” through their demeanor or behaviour. Such victim blaming makes the woman rather than her harasser the target of criticism.68 Carrington and Hogg explain that this victim blame is naturally facilitated by rural networks which readily identify, blame, stigmatise and ostracise a woman ‘should she decide to ‘squeal’ on one of the local lads.’ 69 This societal misalignment of blame has been identified in rural communities in various studies, including one which showed that ‘bush juries are generally more Towards an Epidemiology of Social Silence, Tolerance, and Inhibition’ (2004) 58 Journal of Epidemiology and Community Health 536, 536. 66 Easteal and McOrmond-Plummer, above n 39. 67 Victoria Health, ‘Australians’ Views on Violence Against Women Still Poor in 2014’, Media Release, 17 September 2014 68 Susan Ehrlich Martin and Nancy C Jurik, Doing Justice, Doing Gender: Women in Legal and Criminal Justice Occupations (Women in the Criminal Justice System) (SAGE Publications, 2009) 73. 69 Hogg and Carrington, above n 13, 173. 111 likely to say ‘not guilty’ as was reported by the Daily Telegraph in July 2010.70 Two reasons were suggested in the newspaper article for this trend, the first being that: ..In the country they all know each other. They look at the defendant and think he may be guilty but he's not a bad bloke.. The second reason reflected the belief of court officials, who suggested that: ..Part of the problem is that jurors in the country are afraid the accused or one of their family might recognise them. The reality is that this misdirection of blame may deter most from reporting or disclosing the matter to the authorities: Disturbingly, most male police expressed the view that women can often be at fault or provocative in abusive situations but none believed that a woman ever deserved to be abused in any way. Male police believed that there was a level of mutual blame for domestic violence situations..71 Of course, this attribution of (at least partial) responsibility for assault to the female victim is common enough for women to fear being labelled a trouble- maker or a ‘loose woman’ by members of the community at large. This is reflected in the remarks made by a female police office, speaking of women’s general reluctance to report violence perpetrated by men in rural communities: 70 Janet Fife-Yeomans, ‘Bush Juries More Likely To Say “Not Guilty”’ Daily Telegraph, 2 July 2010. 71 Deb Nicholson, ‘It’s Only a Domestic: A Rural Perspective on Police Responses to Violence Against Women’ (1998) 4 (June) Women Against Violence 19. 112 “(They are) afraid of what people might say, they have fears for their safety due to retribution by the spouse and they are embarrassed and feel stupid that they allowed it [the violence] to occur.” 72 In interpreting this officer’s insight, researcher Deb Nicholson explains that the fear referred to is not limited to one particular source (ie, the perpetrator or the community) but that retribution from both sources is possible. She says that fear might be directed at the perpetrator (and that he might seek retribution- a factor which would place the victim under ‘enormous pressure’), or she may be worried about ‘what people might say’. A victim may also experience ‘a sense of self-responsibility’ for her own experience of violent gendered harm. 73 As Carrington and Hogg acknowledge, it is ultimately this tangled combination of fears which serve to stifle the confidence of even the most spirited of women: The community may be divided in its opinion but typically in such instances the victim will be blamed for inciting her own victimisation, for failing to avoid the attack or for acting like an evil seductress who later cried rape. When it is widely believed, whether true or not, that that adult, peer and other authority figures will blame the victim and “the whole community would say the girl deserved it” there is hardly any incentive to report being sexually assaulted. When combined with a justice system that rape complainants find punishing it is little wonder very few young women in small country towns will ever report being sexually assaulted.74 It is perhaps important to emphasise that women in the community are sometimes prone to blaming and under-supporting other women who fall victim 72 Ibid. 73 Ibid. 74 Hogg and Carrington, above n 13, 173. 113 to gendered harm just as frequently (if not more frequently) as men. Indeed, ‘women can resent other women and perceive women as deceitful and untrustworthy’- 75 however, there may be other reasons for this nature of criticism. Citing the work of legal researcher, Lynn Schafran, Phyllis Chesler explains that women are often inclined to blame the victim of gendered harm ‘to avoid acknowledging their own vulnerability.’ 76 Sharon Lamb also considers that women are traditionally conditioned to appreciate men as the ‘protectors’ of the weaker sex and therefore that ‘if women believe that men have an agenda to protect and defend them, they would think that only provocation could deter men from this mission.’77 Sue Lees further explains that ‘male violence is condoned and female anger outlawed’ and that ‘any deviant behaviour’ (such as women assuming a role outside of the stereotypical weaker sex) may give rise to ‘category maintenance work’.78 Some known forms of ‘maintenance work’ include teasing, backlash, bullying and/ or harassment. So it is that silence in the face of trauma emerges as the only viable option for many rural women. 75 Gloria Cowan, ‘Women’s Hostility Toward Women and Rape and Sexual Harassment Myths’ (2000) 6 Violence Against Women 238. 76 Phyllis Chelser, Woman’s Inhumanity to Woman (Lawrence Hill Books, 2009) 146. 77 Sharon Lamb, citing Lucy Gilbert and Paul Webster (Bound By Love, Beacon Press, 1982), The Trouble With Blame: Victims, Perpetrators and Responsibility (Harvard University Press, 1999) 34. 78 Lees, above n 4, 88. 114 Conclusion This architecture consequently exacerbates the cloak of silence that surrounds instances of violence that occur within the private spaces of rural life.79 Margaret Alston highlights that rural women who fall victim to gendered harms face an assortment of concerns that city-based victims may not, and which are a function of their geographical positioning.80 The types of concerns faced by rural women have been canvassed above and the resultant cultural tensions serve only to exacerbate the loneliness and trauma of the gendered harm experience. In the context of these complexities, the focus of the following chapter entitled ‘When the Boys Come Out to Play..’ on the nature of sexual harassment and impact of predominantly male working environments on its prevalence. 79 Barclay et al, above n 17, 90. 80 See generally, Margaret Alston, Women on the Land: The Hidden Heart of Rural Australia, (University of NSW Press, 1995) 143. 115 CHAPTER 5 “When the Boys Come out to Play..” Sexual Harassment and the Impact of Male- Dominated Working Environments Introduction In a workplace redolent with pornography, Ms Lee, an administrative officer at the Navy's Patrol Boat Landing Class Logistics Office in Cairns, received a barrage of unwanted, offensive notes from the first respondent, Mr Smith. These notes were persistent and, over time, Mr Smith’s behavior further degenerated. Increasing the intensity of his sexualized behavior at work, he subjected Ms Lee to loud, sexually explicit comments and also introduced indecent touching to his obscene repertoire. Mr Smith went on to rape Ms Lee at another colleague's home, after a social gathering. That incident was followed by more harassment and victimization in the workplace.1 This woman’s sexual harassment experience symbolizes the story of so many other women. We know that in Australian workplaces women are regularly humiliated through various means- bottoms are slapped, breasts are commented 1 Lee v Smith [2007] FMCA 59. 117 on, rulers are thrust under skirts, oral sex is simulated, genitals are grabbed and fondled, pornography is displayed and sometimes, sex is forced.2 The national sum of this is reflected in the results of surveys conducted by the Australian Human Rights Commission (AHRC) which confirm that ‘22% of women and 5% of men have experienced sexual harassment in the workplace in their lifetime’.3 This chapter examines the nature of sexual harassment and its possible manifestations- such as sexualized comments or the display of pornographic material and highlights some workplace features that might cultivate a culture of sexual harassment. This chapter also considers the obligations of employers to protect their employees from workplace sexual harassment and the possible avenues that employees can pursue when they encounter incidents of sexual harassment, despite the efforts of the employers to eradicate its incidence. ‘Hurting All Women’- Pursuing Sexual Harassment as Discriminatory Do we want our shining girls to be harangued, ridiculed, mocked in sustained verbal stonings, reduced to nothing but their body parts, 2 See, eg, Australian Human Rights Commission [AHRC], Working Without Fear: Results of the National Sexual Harassment Telephone Survey (AHRC, 2012) 28– 30. 3 AHRC, Sexual Harassment: Serious Business. Results of the 2008 Sexual Harassment National Telephone Survey (AHRC, 2008) 12. 118 their genitalia openly discussed in public; to be treated so shockingly differently?4 In this recent extract from her Weekend Australian Magazine column, Nikki Gemmell captures some of the many traumatic forms that sexual harassment can take. Catharine MacKinnon first identified this array of behaviour as ‘sexual harassment’ in the late 1970s, highlighting that the legal system then had no adequate means of addressing the issue.5 MacKinnon situated sexual harassment as a ‘societal injury’- a ‘gendered harm’- worthy of effectuating change and best situated under principles of discrimination law.6 Through time, the collective social conscience of the western world has gradually moved towards a wider understanding of ‘this inequality, this pattern of social intrusion whereby women could be leered at, touched, harassed and abused without a second thought’ as ‘sexism’.7 The enactment of anti-discrimination legislation in many jurisdictions globally- including the Sex Discrimination Act 1984 (Cth)- continues to ensure that taking action against sexual harassment is no longer what MacKinnon 4 Nikki Gemmell, ‘A Nation’s Shame’, Weekend Australian Magazine, 29 June 2013 http://www.theaustralian.com.au/news/features/a-nations-shame/story- e6frg8h6-1226671442132. 5 Catharine MacKinnon, Sexual Harassment of Working Women — A Case of Sex Discrimination, (Yale University Press, 1979). 6 Ibid. 7 Laura Bates, Everyday Sexism (Simon & Schuster, 2014) 13. 119 previously described as ‘legally unthinkable.’8 As was seen in the high profile case of Fraser-Kirk v David Jones Pty Ltd,9 a sexually harassed employee is also theoretically able to bring an action against their employer in either Contract and/or Torts law, because the harassment may amount to a breach of the employer’s contractual obligations and a negligent failure to fulfill their duty of care.10 However, the pursuit of a sexual harassment claim under Torts law, for example, would merely address the individual injury aspect by compensating the wronged party, rather than addressing the wider issue of inequality towards women.11 This is one reason why the most practical approach for complainants is to file either under the SDA or a State/ Territory legislative counterpart. Other reasons for pursuing sexual harassment under discrimination law include the associated vicarious liability provisions discussed later in this chapter and also the relatively low associated legal costs.12 Ultimately, however, it is estimated that only a very small number- ‘somewhere 8 Catherine MacKinnon(1979, above n 5, ix) , cited in Patricia Easteal and Keziah Judd ‘“She Said, He Said”: Credibility and Sexual Harassment Cases in Australia’ (2008) 31, Women’s Studies International Forum 336, 336. 9 Fraser-Kirk v David Jones Pty Ltd [2010] FCA 1060. 10 Patricia Easteal et al (2011) ‘Sexual Harassment on Trial: the DJs case’ (2011) 36(4) Alternative Law Journal 230, 232. 11 Ibid. 12 Ibid. 120 between 3% and 10% of workplace level complaints’- are escalated beyond the workplace. 13 Where a complaint is made to the Australian Human Rights Commission, conciliation between the parties will often be facilitated as a first step, which is known to generate a reasonably high rate of successfully conciliated outcomes. 14 Where this process is unsuccessful, however, the complaint will be officially ‘terminated’ by the AHRC and it is at that time possible to pursue the matter further in the Federal Court or the Federal Circuit Court of Australia.15 In the context of litigated sexual harassment claims, Easteal highlights that the focus of sexual harassment is ‘on how the conduct in question was perceived and experienced by the recipient rather than the intention behind it’.16 Wright considers that this distinction separates sexual harassment laws from most other Australian legislation, on the basis that the perpetrator cannot argue their ‘innocent intentions’ as a legal defence.17 Rather, the legislative test applied is 13 Paula McDonald and Sara Charlesworth, ‘Settlement Outcomes in Sexual Harassment Complaints’, (2013) 24(4) Australian Dispute Resolution Journal (ADRJ) 259, 261. . 14 See, eg, ibid, in which 86% of referred matters for conciliation were successfully resolved between 1 July 2009 and 31 December 2009. 15 Ibid. 16 Patricia Easteal, Less Than Equal: Women and the Australian Legal System (Butterworths, 2001) 166. 17 Jacinta Wright, ‘Sexual Harassment in the Workplace: The Loophole Exposing Western Australia’s Parliament’ (201) 17 (2), eLaw Journal: Murdoch University Electronic Journal of Law, 59 https://elaw.murdoch.edu.au/index.php/elawmurdoch/article/viewFile/74/39 121 simply whether there was a ‘possibility’ that the ‘reasonable person’ would be ‘offended, humiliated or intimidated’ by the perpetrator’s unwelcome or unwanted sexualised conduct.18 This notion of reasonableness is considered further later in this chapter. “Please Don’t Touch Me Like That!” Sexual Harassment Defined As explained in chapter one, the legislative definition of sexual harassment is set out in section 28A of the Sex Discrimination Act 1984 (Cth).19 The Australian Human Rights Commission (AHRC) has recently adopted a clear interpretative statement of that section. It states: Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which, in the circumstances, a reasonable person, aware of those circumstances, would anticipate the possibility that the person would feel offended, humiliated or intimidated.20 Because men use sexual harassment as a means through which to maintain power over women, it is known as a ‘gendered harm’ and as such, more often affects women and is perpetrated by men. 21 Young women are the most 18 Sex Discrimination Act 1984 (Cth), s 28A. 19 This section is also reflected in its state and territory counterparts. 20 AHRC, above n 2, 27. 21 For example, the results of the most recent national telephone survey conducted by the AHRC in 2012 showed that 62% of sexual harassment victims were women and that 90% of those women indicated that the perpetrator of the 122 vulnerable to sexual harassment, with 21% of harassment victims in Australia being between the ages of 18-24 years old.22 Interestingly, research also shows that young, female sexual harassment complainants who are sexually harassed by older perpetrators are the most likely to be believed as a ‘credible’ complainant.23 MacKinnon has emphasized that sexual harassment operates ‘along a continuum of severity and unwantedness.’ 24 Whilst there is no requirement for the harassment to have been ‘a continuous or repeated course of conduct’ for a complaint to be upheld,25 the AHRC guidelines do recognise the vast range of behavior that might constitute sexual harassment, including: ..physical contact, staring or leering, indecent exposure, comments or jokes of a sexual nature, sexual propositions, displaying offensive material, sending sexually explicit texts and asking intrusive questions about a person’s private life or physical appearance.26 sexual harassment was a male. Of the same-sex harassment reported, 78% of the cases were ‘men on men’. (AHRC, above n2, 28). 22 AHRC, above n 2, 50. 23 Deb Tyler, and Patricia Easteal, ‘Sexual Harassment in the Tribunals: The Credibility Gap’ (1998) 23(5), Alternative Law Journal 211, 215. 24 Mac Kinnon, above n 5, 2. 25 Hall v A & A Sheiban Pty Ltd (1989) 85 ALR 503, 514–15, 532. 26 AHRC, above n 2, 28. 123 In the spirit of ‘performing masculinity’27 for their peers, perpetrators of sexual harassment sometimes also inflict unusual forms of sexual harassment. For example, in the recent Review of the Treatment of Women in the Australian Defence Force, one Australian servicewoman reported: Sitting in the mess, one guy has his scrotum out and they’ve got a torch underneath it so you can see the veins through it. They call that a ‘roadmap’ and they’re doing that in the mess.28 A male-dominated workplace might also become ‘sexually permeated’- that is, an environment saturated in sexualized material (such as pornography) or frequently punctured with rude jokes and comments.29 At the most extreme end of the continuum, sexual assault or rape may constitute sexual harassment as well as being prosecutable criminal offences.30 This type of extreme sexualized behaviour often occurs following on from ‘an escalation of sexual harassment over a period, often as a direct response to the victim’s requests to cease the harassment.’31 27 Michael Flood, ‘Men, Sex and Homosociality — How Bonds Between Men Shape Their Sexual Relations with Women’ (2008) 10(3) Men and Masculinities 339, 341. 28 Australian Human Rights Commission, Review of the Treatment of Women in the Australian Defence Force, Phase Two Report (22 August 2012) ch 7, 255. 29 Skye Saunders and Patricia Easteal, ‘The Nature, Pervasiveness and Manifestations of Sexual Harassment in Rural Australia: Does “Masculinity” of the Workplace Make A Difference?’ (2013) 40, Women's Studies International Forum, 121, 122. 30 AHRC, above n 28, 28.. 31 Chris Ronalds and Elizabeth Raper, Discimination Law and Practice (Federation Press, 4th Ed, 2012), 88. 124 “Sticks and Stones May Break My Bones But Names Will Never Hurt Me..” Words as Sexual Harassment: The most recent national survey on sexual harassment showed that it most it most commonly verbal, taking the form of ‘sexually suggestive comments or jokes (55%), intrusive questions about one’s private life or physical appearance (50%), and inappropriate staring or leering (31%).’ 32 Derogatory language becomes a vehicle for men use in belittling and demeaning women, often serving to amuse onlookers in the process as he ‘performs masculinity’ (as discussed above): Most women find the use of sexually charged language to be offensive and demeaning, especially the use of the words bitch, cunt, cocksucker, faggot, lesbian, pussy, whore, etc. Often the language is not directed at a coworker, or even at a particular person, and is not necessarily directed against only women. Such remarks are intended to amuse or offend everyone.33 Catherine Waerner also emphasizes the power of words in the male quest for control over women, which she says is sometimes attempted through processes of criticizing them for their ‘alleged deviance’ from social norms: 32 AHRC, above n 2 [see chap 5]. 33 ‘Sexualised and Derogatory Words in the Workplace’, 2011 (2) AELE Monthly Law Journal (Mo. L. J.) 201 125 ..a woman’s virtue.. may be criticised at any point along a complete spectrum: "So virginous - I couldn't resist her in that bikini - dressed up to the nines - fancy lady - frigid - prize catch - mutton dressed up as lamb - great tits - cheap but easy - frump - she's let herself go - fallen woman - old hag - lesbian."34 Mark Morton further explores the power of words to denote deviance amongst women, reminding us that the word ‘woman’ historically emerged when the words ‘wif’ (meaning female) and ‘man’ were combined to form ‘wifman’ (which eventually became ‘woman’). He explains: The implication is that men embody a human standard and that women are a deviation from that standard. You see the same kind of thinking even today: many people still distinguish the ‘doctors’ from the ‘lady doctors’.. I was also taught in sex ed class that the difference between men and women is that men have a penis and women do not..35 Ultimately, sexualised language is often designed to label women in derogatory ways. Ruth Wajnryb has identified nine different possible categories of verbal groupings within which men can cast women with words: There’s the diabolical woman in the witch/ hag group, which overlaps somewhat with the unnatural, aggressive, manlike woman of the virago/ shrew group. There’s the woman seen as the super-human, spiritual creature of salvation in the angel/ goddess group. And the others; woman as endearing pet (mouse/ lamb.. as seen in Valentines day newspaper advertisements); woman cursed in bestial terms (bitch/ cow); woman as available object of delight (dish/ tart); woman as object of revulsion (filth/ slut); and the largest, by far, 34 Catherine Waerner, Thwarting Sexual Harassment on the Internet, at: https://www.uow.edu.au/~bmartin/dissent/documents/Waerner1.html 35 Mark Morton, Dirty Words: The Story of Sex Talk (Atlantic Books, 2005), 24. 126 women as sexually peverse (whore/ harlot) which tails off into the hussy/ broad group.36 In the context of the above, there are two particular sexualised words that are ‘considered so obscene that they are sometimes alluded to only by their first letter: the F-word and the C-word, standing for ‘fuck’ and ‘cunt’ respectively.37 The use of the word ‘fuck’ is a term that denotes male dominance as described by Pamela Hobbs: ..in phrases such as Fuck you’, ‘They fucked him over’ and ‘They were fucking with me’, the word fuck is being used metaphorically to describe domination: the concept of sexual penetration is used to structure the concept of domination as an essentially male relationship of power in which to fuck is to dominate.38 On the other hand, the word ‘cunt’ is defined as deriving from the Greek word ‘cunnus’ and is frequently referred to as being ‘a vulgar word for a vulgar thing.’39 It also ‘denotes a part of the female body that has traditionally been considered shameful or menacing’40 and ‘of all the four letter words, ‘cunt’ is easily the most offensive.’41 36 Ruth Wajnryb, Language Most Foul (Allen & Unwin, 2005) 113–14. 37 Morton, above n 35, 206. 38 Pamela Hobbs, ‘Fuck as a Metaphor for Male Sexual Aggression’, (2013), 7(2) Gender and Language, 149, 159. 39 Francis Grose, The Vulgar Tongue: British Slang and Pickpocket Eloquence (Summersdale Publishers Pty Ltd, 2004) 93. 40 Morton, above n 35, 210. 41 Wajnryb, above n 36, 42. 127 Pin-Ups and Pornos- Pornographic Exposure as Sexual Harassment It is not uncommon for pornographic images or ‘pin-ups’ to be displayed in the workplace. Psychologists suggest that the reason for this might be because: The workplace is more competitive and there are fewer jobs. It’s tough out there.. Men feel like they’re mastering neither home nor work and that, overall, they’re not in control. So they.. look at pornography. It’s a place where they can go to release from that stress.42 The impact of pornography is known to be far more serious than merely providing a image for the purpose of instant stress-relief, however. As Peter McMillan graphically describes, pornography objectifies women by creating opportunities for men to satisfy their desire for power: What pornography offers is easy sex.. The woman in the photograph smiles. She smiles at me every time I open the magazine. She lies on her back. A man stands at her head, another kneels between her legs. All I see of the men is their pelvises and their erect penises, the woman’s body being what fills the frame. The men have just ejaculated on her. Her torso is wet with their sperm. She smiles happily out of the picture at me, her smile saying ‘Now your turn.’43 In this context of pornography as enabling men to have ‘whatever they want sexually’, Catharine Mackinnon explains that: 42 Pamela Paul, Pornified — How Pornography is Damaging Our Lives Our Relationships and Our Families, (Owl Books, 2005) 35. 43 Peter McMillan, Men, Sex and Other Secrets, (Text Publishing Co, 1992) 27. 128 ..it connects the centrality of visual objectification to both male sexual arousal and male models of knowledge and verification, connecting objectivity with objectification. It shows how men see the world, how in seeing it they access and possess it, and how this is an act of dominance over it. It shows what men want and gives it to them. From the testimony of the pornography, what men want is: women bound, women battered, women tortured, women humiliated, women degraded..’44 Robert Jensen subscribes to Mackinnon’s theory in describing pornography as ‘propaganda for rape culture’, and summarises its four intrinsic messages as follows: 1. We must sexual all the time. Sex must be hot. Hot sex requires inequality; 2. Men are naturally dominant. Women are naturally submissive; 3. While specific sexual scenes in pornography are ‘fantasy’, pornography portrays men and women in their natural roles..; 4. Women are whores. No matter what a woman’s role or status, all women are for sex at the discretion of men.45 For reasons such as those outlined above, the Australian Human Rights Commission has confirmed that pornography is amongst the factors that ‘point to a sexually hostile workplace, including the display of obscene or pornographic 44 Catharine Mackinnon,’ Sexuality, Pornography, and Method: "Pleasure under Patriarchy’ (1989) 99(2), Ethics, 314, 327. 45 Robert Jensen, ‘Stories of Rape Culture: Pornography as Propaganda’, in Melinda Tankard-Reist and Abigail Bray (eds) Big Porn Inc (Spinifex Press, 2011) 30–1. 129 materials, general sexual banter, crude conversation or innuendo and offensive jokes.’46 Hostile working environments are discussed later in this chapter. “It’s No Biggie, I Guess..” How Sexual Harassment Victims Are Made to Feel: The Australian Human Rights Commission has confirmed that sexual harassment is a harm that can have a particularly serious impact on women’s workplace wellbeing, potentially affecting levels of self-confidence, security, productivity and happiness.47 Other known effects of sexual harassment include causing women to feel ‘afraid, despairing, utterly alone and complicit.’48 Sexual harassment is damaging, regardless of its severity in the continuum of gendered harm (as described above).49 The victim of a campaign of ‘lower grade’ sexual harassment over time is just as likely to have her confidence worn down by feelings of inadequacy and brokenness, because these ‘reams and reams of tiny pinpricks’ can become so ‘niggling and normalized’ that to ‘protest each one.. 46 Australian Human Rights Commission, Ending Workplace Sexual Harassment: A Guide for Small, Medium and Large Employers, (AHRC, 2014), 30 47 See, eg, Michele Paludi (ed), Academic and Workplace Sexual Harassment: A Handbook of Cultural, Social Science, Management and Academic Perspectives (Praeger Publications, ) 89. 48 MacKinnon, above n 5, 27. 49 Ibid, 2. 130 would seem facetious’.50 This is, of course, a highly effective means of ensuring that the ‘tsunami of male power that remains the dominant force in the world today’51 continues to pound women into subservient roles. Notwithstanding the severity of this emotional and social erosion, where sexual harassment becomes entrenched as a ‘usual’ part of a working environment, women can develop a passive acceptance of the behaviour.52 Indeed, the most recent national study on sexual harassment by the AHRC showed that the average scores for feeling ‘offended’ or ‘humiliated’ by sexual harassment incidents had declined since the 2003. The Commission explains that this may be indicative of an increased level of tolerance for sexually harassing acts.53 Amy Dennisen suggests that the development of cultural tolerance for sexual harassment can manifest as workplaces that actively ‘minimize sexual harassment and treat it as a problem of women’s sensitivity, overreaction, or inability to take a joke.’54 She emphasizes that the pressure to fit in with the workplace and the associated fear of retaliation often leads women to ‘refuse to label or report “sexual harassment” and define unwanted sexual conduct as 50 Bates, above n 7, 12. 51 Chris Wallace, ‘Standing Up to P — Stop Sploshing About and Make Some Waves’ (2013) Griffith Review 40 (Winter) 9. 52 Amy M Denissen, ‘Crossing the Line: How Women in the Building Trades Interpret and Respond to Sexual Conduct at Work’ (2010, originally published online 1 December 2009), 39 Journal of Contemporary Ethnography 297, 299. 53 AHRC, above n 2, 26. 54 Dennisen, above n 52, 299–300. 131 “small stuff” that can be ignored.’55 As explained in chapter one, Patricia Easteal states that ‘a male dominated workplace is often redolent with gender based harassment’56 and this is the topic of the discussion below. The Construction of Hostile Working Environments Where there is a male majority in the workplace, this naturally heightens the visibility of, and hostility toward, female workers who are perceived as violating male territory.57 This is a critical consideration in the rural context in view of its permeating male-saturated culture outlined previously in chapters three and four. In such workplace cultures, there may be a distinct lack of ‘feminisation’, since the token status of the women prevents them from impacting upon the culture in any real way.58 The Australian Defence Force Academy (ADFA) is an example of how a male dominated environment can cultivate a masculine ethos redolent 55 Ibid 300. 56 Easteal, above n 16, 162. 57 James Gruber, ‘The Impact of Male Work Environments and Organisational Policies on Women's Experiences of Sexual Harassment’ (1998) 12(3), Gender and Society 301, 303. 58 Rosabeth Kanter, ‘Some Effects of Proportions on Group Life: Skewed Sex Ratios and Responses to Token Women’ (1979) 82(5) American Journal of Sociology 965. 132 with various forms of sexual harassment. 59 Research has shown that the traditional attitudes within the Academy are influenced by the prevalence of rugby-playing, ex-private school boys who ‘have had little or no experience of women as friends, only as family members, “girlfriends” or sexual partners. ’60 It is well-documented, therefore, that male homo-social relationships are the heart of the ADFA boys’ priorities and certainly rate more highly than ‘male-female relations- both social and sexual.’ 61 In an interview with an ADFA cadet, Michael Flood gained insight into the experienced ‘depth’ of these male relationships: ‘Tim’ identifies the ‘male-bonding’ thing at ADFA, saying that ‘there is a lot of it here’ and that ‘we are always talking over war, sex, piss-ups (drinking sessions). Everybody’s voice gets a tone deeper by the time they have been at the Academy.’62 The recent review by the Australian Human Rights Commission into the treatment of women in the Australian Defence Academy confirmed that a consequence of this celebrated male-male intimacy is that that 74.1% of ADFA servicewomen report experiencing ‘unacceptable’ gender or sex- related harassment behavior.’63 Sexual harassment becomes a tool for sexualizing the 59 AHRC, Report on the Review of the Treatment of Women at the Australian Defence Force Academy, (AHRC, 2011) 60 Clare Burton, Women in the Defence Force — Two Studies, (Director, Publishing and Visual Communications, Defence Canberra, 1996) 62. 61 Flood, above n 27, 344. 62 Ibid, 343. 63 AHRC, above n 46, 33. 133 workplace and maintaining ‘women’s status as “outsiders” through sexual threats and propositions.64 Gruber explains that ultimately: Work identities that have stereotypical images of masculinity as their basis are typically "doubly" male dominated: The male traditionality of an occupation creates a work culture that is an extension of male culture, and numerical dominance of the workplace by men heightens visibility of, and hostility toward, women workers who are perceived as violating male territory.65 Outside of the military, hostile environments can be a problem for women working in a variety of male-dominated occupations, including policing, mining or where females are living on work sites with residential arrangements.66 Research within the building trade, for example, also revealed a hostile working environment as being problematic for women: ‘..the work culture in the building trades often involves a range of sexual conduct including pornography, foul language, and sexualized stares, comments, gestures, pictures, and jokes.’ 67 A particularly high-profile instance where the ‘boys club culture’ became the subject of scrutiny was the recent case of Rich v Price Waterhouse Coopers.68 In that case, the complainant, Christina Rich reportedly sought damages of up to $11 million dollars for 64 Susan Martin and Nancy Jurik, Doing Justice, Doing Gender: Women in Legal and Justice Occupations (SAGE Publications, 2007) 72. 65 Gruber, above n 57, 303. 66 Edward Lafontaine and Leslie Tredeau , ‘The Frequency, Sources, and Correlates of Sexual Harassment Among Women in Traditional Male Occupations’ (1986 ) 15(7/8), Sex Roles 433. 67 Dennisen, above n 52, 305. 68 Rich v Price Waterhouse Coopers [2008] FCAFC 61. 134 having endured a discriminatory culture. The complainant had once been the company's highest paid female employee, but her male senior colleagues’ attributed her success with clients to her breasts, referred to her as ‘scatty’, ‘emotional’ and ‘high maintenance’ and made other derogatory comments about her gender.69 The case settled under confidential terms, with industry experts estimating that that this figure would have been in the multi-millions.70 “Where was the Boss When It Happened?” Employer Liability for Sexual Harassment: In August 2014, The Sydney Morning Herald reported that ‘sexual harassment victims are more likely to receive six-figure damages payouts due to recent rulings that have "raised the stakes" for companies on the wrong end of workplace complaints.’71 This is a judicial trend made possible by section 106 of the SDA which provides that employers are directly responsible for any incidents of sexual harassment by their employees or agents in the course of their employment. This means that employers must both ‘discourage harassment from occurring in the first place’ and ensure that they have ‘a just way of dealing with the harassment that does occur’.72 Employers are 69 Bellinda Kontominas, ‘Richer, Happier: Partner Wins Harassment Payout’, Sydney Morning Herald 29 March 2008. 70 Ibid. 71 Sexual Harassment Damages Payouts Soar’, Sydney Morning Herald, news item, 14 August 2014. 72 Christine Parker, ‘Public Rights in Private Government: Corporate Compliance with Sexual Harassment Legislation’ (1999) 5(1), Australian Journal of Human Rights 1, 9. 135 also ‘open to the scrutiny of the public justice system when they fail’ to meet these requirements.73 Under section 106 of the SDA, a complainant must prove that there is an employment relationship in existence74 and that the alleged act of sexual harassment occurred ‘in connection with the employment of the employee or with the duties of the agency or agent.’75 If it can be established that the sexual harassment took place ‘in connection with’ the perpetrator’s employment, then the onus of proof shifts to the employer who must prove that ‘all reasonable steps’76 were taken to prevent the harassment from occurring. The circumstances under which an employer will be liable for the sexually harassing behaviours of its employees are increasingly wide-ranging and employers must be conscious of the strict definition of ‘reasonable steps’ at common law.77 Conclusion This chapter has shown that sexual harassment may manifest in various harmful forms and have a potentially damaging impact on its victims. Certain elements of a workplace culture- such as male dominance- may cultivate a hostile environment in 73 Ibid. 74 In Huang v University of New South Wales [2005] FMCA 463, Driver FM dismissed the claim of vicarious liability, finding that the alleged offender was a PhD student at the University and that ‘the fact that he was not at some time in receipt of a scholarship does not make him an employee or agent.’ 75 Sex Discrimination Act 1984 (Cth) s 106 (1). 76 Sex Discrimination Act 1984 (Cth) s 106 (2) 77 Patricia Easteal and Skye Saunders, ‘Interpreting Vicarious Liability with a Broad Brush in Sexual Harassment Cases’ (2008) 33 (2 June), Alternative Law Journal (Alt L J ) 75. 136 which sexual harassment can thrive. Chapters 8 and 9 of this thesis will further develop these known features of sexual harassment by exploring its rural manifestations and cultural entrenchment according to the respondents’ views. This chapter has also explored the obligations of employers to protect their employees from workplace sexual harassment and the possible avenues that employees can pursue when they encounter incidents of sexual harassment. One of these avenues is the pursuit of a litigated court outcome, and the next chapter- called “So Help Me God”- will explore the judgments in a sample of 68 sexual harassment matters heard across Australia. 137 CHAPTER 6 ‘So Help Me, God…’ A Comparison of (Un)Successfully Litigated Sexual Harassment Complaints from Rural and Urban Australia1 Introduction In particular, this chapter compares the features of successfully litigated sexual harassment complaints arising from workplaces in both ‘rural’ Australia and ‘urban’ Australia over a period of 5 years. The outcomes of these sexual harassment cases show that rural complainants were successful in 8 out of the 11 (73%) as compared to only 40% of the urban workplace matters (23:57)2 and this chapter examines the characteristics of matters in both samples that might account for the higher percent of rural matters upheld. These variables include factors that have been found in other studies to correlate with success (age, ethnicity, prompt reporting, corroboration and witness credibility).3 1 This chapter draws upon research that I conducted with Professor Patricia Easteal, see ‘Patricia Easteal and Skye Saunders, ‘ “Did Ya Win?” The (Un)Successful Rural Workplace Harassment Complainant" (2011) 10(2) Canberra Law Review (CanLawRw) 84. 2 Skye Saunders and Patricia Easteal, ‘Sexual Harassment in Rural Australia: Predicted Nature, Reporting, Employment Policies and Legal Response,’ (Paper presented at the National Rural Regional Law and Justice Conference, Warrnambool, 19–21 November 2010). 3 Patricia Easteal and Keziah Judd, ‘“She Said, He Said”: Credibility and Sexual Harassment Cases in Australia’, (2008) 31 Women's Studies International Forum 336. 139 The findings in this chapter also offer some preliminary insights into possible rural workplace trends, including factors such as the attitudes of employers towards sexual harassment claims or the type of sexual harassment most likely to be encountered. These insights provide an interesting introduction to the qualitative findings contained in chapters 7, 8 and 9. The chapter commences with an overview of the meaning of ‘reasonableness’ under section 28 of the Sex Discrimination Act 1984 (Cth) that is central to the analysis of reported cases in this chapter. ‘Reasonable’ Offence, Humiliation or Intimidation? The judicial determination of ‘reasonableness’ is central to the analysis of reported cases below. As explained in chapter five, the issue of whether ‘a reasonable person’ would have ‘anticipated the possibility that the person harassed would be offended, humiliated or intimidated’ is a part of the legislative test for whether an action constituted sexual harassment.4 The type of ‘circumstances’ that might be taken into account in this context include the ‘sex, age, sexual orientation, gender identity, intersex status, marital or relationship status, religious belief, race, colour, or national 4 That is, the Sex Discrimination Act 1984 (Cth) s 28A states that a person engages in sexual harassment if they make: ‘… an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or (b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed; in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated‘. 140 or ethnic origin, of the person harassed.’5 The ‘circumstances’ may also include the nature of relational dynamics between the perpetrator and victim, whether the victim had a disability and ‘any other relevant circumstances.’6 Whilst the incorporation of the word ‘possibility’ into section 28 of the SDA (in 2011) was intended to lower the threshold test for ‘reasonableness’,7 the reasonableness standard remains ‘itself gendered’, with its ‘male experiences, views and perspectives’ that are ‘embodied in the notion of reasonableness and its application.’.8 Accordingly, it would seem from prior research of sexual harassment judgments that it is often the identity, history and behaviour of the complainant that is scrutinised and evaluated.9 The most ‘credible’ female victims are those for whom it is difficult to impute any provocation. 10 Interestingly, youth can enhance the complainant’s credibility if the alleged harasser is older.11 In both rape and harassment cases, 5 Sex Discrimination Act 1984 (Cth), s 28 (1A) (a). 6 Sex Discrimination Act 1984 (Cth), s 28 (1A) (a), (b) and (c). 7 Australian Human Resources Institute [AHRI], HR Monthly, December 2010– January 2011 8 Fiona Pace, ‘Concepts of “Reasonableness” in Sexual Harassment Legislation: Did Queensland Get It Right?’ (2003) 3(1) QUT Journal of Law and Justice 189, 192. 9 Easteal and Judd, above n 3. 10 Ibid, 347. 11 Deb Tyler and Patricia Easteal, ‘Sexual Harassment in the Tribunals: The Credibility Gap’ (1998) 23 (5) The Alternative Law Journal 211. 141 whether the victim witness is deemed believable is often dependent on their behaviour before, during and after the incident. That is, the credible’ victim fights back,12 reports immediately13 and is consistent in her evidence.14 She is also able to particularise15 and she testifies either in a non-aggressive and not too ‘smart’ manner, making a calm and confident presentation of the facts.16 Research has also highlighted the expected correlation between corroboration and a successful outcome.17 In the context of sexual harassment matters, corroborative evidence can be used to prove that the incident(s) of harassment took place and/or that the behaviour caused the individual humiliation or intimidation. In fact, the absence of corroboration often leads to the matter being declined for conciliation and to the dismissal of complaints in the Federal (Magistrates) Court since it is ‘word against word’.18 Studies have shown it is normative to have witnesses in these matters who provide evidence that the complainant had an appropriate emotional, physical 12 Mary Heath, ‘Women and Criminal Law: Rape’, in Patricia Easteal (ed) Women and the Law in Australia (LexisNexis, 2010) 88, 90. 13 Ibid, 90. This implies that delay in reporting is ‘indicative of fabrication’ according to Caroline Taylor, Court Licensed Abuse: Patriarchal Lore and the Legal Response to Intra-familial Sexual Abuse of Children (Peter Lang Publishing, 2004) 278. 14 Easteal and Judd, above n 3. 15 Patricia Easteal and Christine Feerick, ‘Sexual Assault by Male Partners: Is the License Still Valid?’ (2005) 8 (2) Flinders Journal of Law Reform 185, 202. 16 Denise Lievore, ‘Victim Credibility in Adult Sexual Assault Cases’, in Trends and Issues in Crime and Criminal Justice No 288 (Australian Institute of Criminology, 2004) 4. 17 Tyler and Easteal, above n 11, 215. 18 Ibid 215. 142 health and/or psychological response to the harassment19 with the voice of an ‘expert’ being the most compelling.20 Comparing the Urban and Rural Cases: Insights into the Rural and Urban Organisational Spaces The analysis below focuses on 68 sexual harassment matters heard between 2005- 2010 in Australian jurisdictions.21 Of these, there were 11 cases classified as ‘rural’ (see above) and 57 classified as ‘urban’. ‘Hard at it’ – Features of The Workplaces Involved as Background to the Complaints: Only one rural complainant (9%) was from a professional occupation compared to 16% of urban complainants.22 This rural matter was unsuccessful, as were 78% of the urban professional complainants. A higher percent of urban complainants were employed in clerical roles, with only one of the 1123 rural as compared to 14 of the 57 urban. Although the rural complainant 19 Easteal and Judd, above n 3, 338. 20 Ibid 342. 21 Easteal and Saunders, above n 1. 22 This includes lawyers, teachers, social workers and a doctor. Of these nine professional urban complainants, seven were unsuccessful matters. Of the 41 'other' (non-professional) urban matters, 25 were unsuccessful (61%). 23 Cross v Hughes [2006] FMCA 976. 143 was successful, clerical workers in urban areas tended to have their complaints dismissed: of the 14 relevant cases 12 were unsuccessful (86%). A further two of the 11 complaints (18%) categorised as being ‘rural’ took place in the retail industry. There was also a relatively high proportion of rural complainants employed in the hospitality sphere: three worked in hotels and one in a club. One example was Fischer v Byrnes [2006] in which a ‘mature age’ female Gympie hotel employee, Ms Fischer, was ‘subjected to ongoing humiliation and intimidation on an almost daily basis for a period of approximately 5 months.’24 Ms Fischer began to feel ‘degraded, dirty and upset’ when Mr Byrne also began regularly ordering her to go and ‘make up a room’ and then to ‘be on the bed’ for him.25 In ‘response to her query about what he would like for a meal’ Mr Byrnes would declare that he wanted sex. On other occasions he would say to her that he wanted ‘you on toast’ or ‘you on a plate’ or ‘a head job would do’.26 It is possible that ‘blue collar’ employers like these are less likely to provide working environments that discourage harassment from occurring in the first place’27 and this will be further explored in chapter seven. Interestingly, almost half of the rural employers (45%) were deemed liable for the actions of their employees in contrast to only about one third of employers in the 24 Fischer v Byrnes [2006] QADT 33. 25 Easteal and Judd, above n 3. 26 Lievore, above n 16, 4. 27 Christine Parker, ‘Public Rights in Private Government: Corporate Compliance with Sexual Harassment Legislation’ (1999) 5 (1), Australian Journal of Human Rights 1, 6 144 urban cases (32%).28 Of course, when an employer is found to be liable it is a good indication that their policies and practices are not reasonably addressing the harassment.29 Perhaps that failure contributes to positive judicial outcomes for rural complainants and accordingly, in one of the three rural dismissals, the employer’s lack of liability was stressed: Forstaff has demonstrated that it has a Code of Conduct covering employee behaviour which prohibits, amongst other behaviour, sexual or other unlawful harassment in the workplace. Forstaff has established that the existence and content of the Code of Conduct is covered in the induction of all employees. It is widely known amongst employees that Forstaff policy is that pornographic material is not permitted at the workplace.30 ‘I barely even touched her!’ – The Nature of the Alleged Harassment in the Cases: Eight of the rural matters (73%) involved more than one type of sexual harassment as compared to 34 of the urban cases (60%). Most of the rural multiple manifestations did include a sexually permeated environment. This was not unexpected, given the prevalent ethos of masculinity and male dominance in rural culture31 and chapter eight will explore this issue further through the voices of respondents. 28 This finding needs to be considered in view of another study: Patricia Easteal and Skye Saunders ‘Interpreting Vicarious Liability with a Broad Brush in Sexual Harassment Cases’ (2008) 33(2) Alternative Law Journal 75. 29 Hunt v Rail Corporation of New South Wales [2007] NSWADT 152, [197], citing Dee v Commissioner of Police and Anor [2003] NSWADT 217. 30 Mohican v Chandler Macleod Ltd (Anti-Discrimination) [2009] VCAT 1529, [56]. 31 See, eg, Sanjay Sharma and Susan Rees, ‘Consideration of the Determinants of Women’s Mental Health in Remote Australian Mining Towns’ (2007) 15 (1), Australian Journal of Rural Health 1; Elaine Barclay et al (eds), Crime in Rural Australia (Federation Press, 2007); Russell Hogg and Kerry Carrington, Policing the Rural Crisis (Federation Press, 2006). 145 It is possible that having experienced more than one type of harassment is more likely to result in success for a complainant. That is, of the 23 successful urban matters, 16 involved more than one type of harassment (70%). Five of the eight rural complaints upheld included multiple manifestations. Furthermore, in two of the rural cases where the complainant was unsuccessful, the sexual harassment alleged was limited to unwelcome verbal remarks. It makes sense that there would be a correlation between number of incidents or types of harassment and a positive finding for the complainant because of the presence of a range of behaviours that might constitute sexual harassment.32 In one of the two rural matters that were dismissed, the court’s dismissal appears to have arisen from the question of whether the alleged behaviour was a one-off incident and therefore neither sexual nor serious enough to cause distress: The issue is whether it was conduct of a sexual nature. It will not always be immediately apparent whether an attempted or actual kiss constitutes conduct of a ‘sexual nature’. It depends on the context. Mr Slym said that it was a one-off incident; he attempted to place the kiss on Ms Brown’s cheek and did not embrace or restrain her or attempt to do so. If that account is accepted, we do not believe that the conduct could be said to have the necessary sexual character. In addition, it seems to us that the second element of the test would not be satisfied, that is, a reasonable person could not have anticipated that Ms Brown would have been offended, humiliated or intimidated.33 32 The test for harassment under SDA 1984 ss 28A and 28B requires that the offending behaviour could be defined as an ‘unwelcome sexual advance, or an unwelcome request for sexual favours … or other unwelcome conduct of a sexual nature in relation to the person harassed’. 33 Brown v Richmond Golf Club & Anor [2006] NSWADT 104, [30]. 146 ‘What are you askin’ me for?’ – Who is the Harasser in the Reported Cases? In almost all of the rural cases (10:11), the alleged offender was in a senior position to the complainant as compared to 44 of the 57 (77%) of the alleged urban offenders. In seven of the eight matters in which the claim of sexual harassment was upheld, the respondent was in a position of seniority. About three quarters (17:23) of the successful urban complainants were in a junior position to the harasser. Perhaps judicial officers were more likely to interpret action by a person with more power than the recipient of the behaviour as constituting ‘circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the person harassed would be offended, humiliated or intimidated.’34 The case of Cross and Hughes & Anor [2006]35 is an example: Ms Cross was employed as an office administrator. Her boss, Mr Hughes,36 indicated that she was to accompany him to Sydney for business to assist with some meetings. When she arrived at the hotel discovered that ‘she was booked into a single hotel suite with two bedrooms with the first respondent.’37 Later that day she was informed that there were actually no meetings scheduled for the next day and it was ‘suggested to 34 Seniority though was just one of a number of variables that seemed to affect the outcome. Thus only 17 of the 44 ‘more senior’ urban matters were successful matters (39%); five of the nine ‘equal position’ matters were successful (56%) and the single ‘more junior’ matter was unsuccessful. 35 Cross v Hughes & Anor [2006] FMCA 976. 36 Mr Hughes was the sole shareholder of the company involved in this matter. 37 Cross v Hughes, above n 35, [14]. 147 her that she and the first respondent attend a live sex show. She refused.’38 This suggestion was made a number of times the following day. During this trip, the respondent made other offensive and unwelcome remarks and stripped to his underpants and had ‘placed his pillows on her bed’. 39 As discussed below, the complaint was upheld. Further Variables that Correlate with Outcome: ‘She’s a feisty young thing’ – The Age of the Complainant: As mentioned earlier, extreme youth has been found to correlate with success in sexual harassment matters. In the current project, our ability to analyse this variable was limited by the lack of specificity about age in the judgments.40 Of the matters in which age was mentioned in the urban dataset, five complainants were between the ages of 16 to 19 years of age – that is 9%, whilst in 18% of the rural cases (two of the 11) the extraordinary youth of the complainants was mentioned. The 2006 Queensland case involving three young female complainants (all aged 15 or 16) who were employed in a Mooloolaba newsagency provides an example of the impact of youth.41 They were subjected to numerous incidents of sexual harassment involving unwelcome sexual touching of the complainants’ bottoms, being exposed to pornographic images by the employer and being subject to unwelcome verbal sexual 38 Ibid. 39 Ibid [16]. 40 It may be that age is only mentioned when it is of ‘significance’ by falling outside of the ‘expected’ norms. 41 Dale, Larkin and Loffler v Shearer and Anor [2006] QADT 1. 148 harassment such as the employer telling one employee, ‘I think your boobs would be tear drop shape and you would have perky nipples.’42 The harasser was ordered to pay $24,437.00 (plus costs) to the first complainant, $23,305.00 (plus costs) to the second and $21,819.00 plus costs to the third complainant. ‘She just doesn’t get it’ – The Ethnicity of the Complainant: As with ‘age’, judges seemed to only comment on ethnicity when there was something ‘significant’ to say about it.43 For instance, of the rural cases Salt & Anor [2006]44 was the only matter in which ethnicity was mentioned. It was one of the three rural matters in which the complainant was unsuccessful.45 In contrast to the rural sample, about one quarter of the urban matters (15:57 – 26%) involved non-Anglo complainants.46 In seven of the 15, the complainant was successful (47%). This was as compared to a success rate of 38% for the Anglo urban complainants. This relatively high success rate for non-Anglo complainants does not correlate with the relative high dismissal rate found in earlier research.47 However in 42 Ibid, [69]. 43 That is, judges did not specifically say that a complainant was from an ‘Anglo’ background, although they might if the person was non-Anglo. 44 Salt & Anor v NSW Department of Education and Training [2006] NSWADT 326. 45 In that matter, Ms Salt (who was of Aboriginal background) unsuccessfully reported that she had been the victim of sexual harassment when her superior, Mr Loxley, was said to have ‘unbuttoned his trouser button in front of her’ and taking his shirt out before ‘stuffing it back in.’ 46 Most of these complainants were either from East or South Asia. 47 Easteal and Judd, above n 3. 149 Nguyen v Frederick [2006},48 the impact of language barriers on credibility can be seen. In that case, the judge included discussion of the respondent’s view of the ‘significant inconsistencies’ in the quality of the complainant’s evidence, possibly derived from whether she was writing on her own without assistance or with help. ‘She never said nothin!’’ – The Impact of a Promptness Report from the Harassed: The judicial officers did not always comment on when the harassment was reported- the promptness of reporting was mentioned in only 20 of the 57 urban matters (35%) as compared to seven of the 11 rural cases (64%). Unsurprisingly, a higher percentage of the matters in which the complainant reported quickly were successful: in six of these rural seven, the complaint was upheld.49 One such case was Frith v The Exchange Hotel & Anor [2005].50 In this matter, Mr Brindley, a director of the Exchange Hotel in rural Northern Queensland, sexually harassed an employee named Ms Frith when he drove her to Cairns so that she could attend her aunt’s funeral.51 He then insisted on making accommodation arrangements for her in Cairns, telling her that she could ‘pay him back’ when she returned to the 48 Nguyen v Frederick [2006] WASAT 14. 49 Fifty-five percent of urban matters reported immediately were upheld compared to only 18% of those who were noted as not having been reported promptly. 50 Frith v The Exchange Hotel & Anor [2005] FMCA 402. 51 En route, he described times when he had hired prostitutes and taken them to a hotel (see [16 (o)]. 150 workplace.52 He booked a single room for them both to stay in overnight, saying that, ‘There was only one room left available.’53 That evening when they were in their separate beds, ‘Mr Brindley told her that she was perfect for the job but she would have to please him personally as well as professionally as he was a man of power who had to have his needs met.’ He then said words to the effect that ‘if she did not have sex with him, that she could not work for him.’54 Ms Frith testified that ‘she was horrified by his words and that she grabbed her bag and ran out of the bedroom while still wearing her pyjamas.’55 Whilst in a distressed state in the hotel lobby, she met two strangers who helped her and following this encounter she telephoned one of the managers of the hotel to report the harassment. At the manager’s insistence, she then phoned Mr Brindley’s wife to tell her about the encounter before fleeing the hotel and, having nowhere to go, ultimately went to the police station to report the situation. This action of immediate disclosure correlates with perception of credibility. ‘Everyone knows she’s a liar!’ – The Corroboration of a Complainant’s Evidence Eight of the 11 rural complainants (73%) and 72% of urban complainants had witnesses to corroborate their claim. All of the rural complaints with witnesses were upheld. While just over half (54%) of the urban cases with witnesses were upheld, the 52 Above note 50, [16(p)]. 53 Ibid [16(p)]. 54 Ibid [16(q)]. 55 Ibid [16(s)]. 151 complainant was only successful in one of the 16 without witnesses. It appears that, as expected, corroborative evidence is important. The impact of a family member’s testimony about the effects of the harassment and/ or what the complainant had disclosed served to increase the chance of success: I also found the evidence given by the Complainant’s parents and witnesses to be reliable and I accept their evidence. I note that despite Mr and Mrs Supplice’s relationship with the Complainant they struck me as having an objective perspective in relation to the Complainant and their observations of her. For example, they gave evidence that demonstrated that they had been critical of their daughter’s reluctance to work until she confided in them and told them about the comments the First Respondent had been making to her.56 In another rural matter, a family member was able to testify as an eyewitness to the harassment.57 In this case, a part-time hairdresser employed in a Maitland salon went to work to collect her pay, accompanied by her teenage daughter. The complainant’s daughter witnessed her mother’s employer “putting the pay packet down the front of his pants. He was laughing thinking it was funny.”’58 She deposed that her mother’s employer then said words to the effect of: Oh wait I have a better idea’ and ‘undid the fly on his pants and stuck the pay packet in his open fly. He lent back on his chair with his hands behind his head in a suggestive manner ...59 56 Supplice v Skalos [2007] TASADT 4 [23]. 57 Hewett v Davies & Anor [2006] FMC 1678. 58 Ibid. 59 Ibid, [2]. 152 The daughter’s presence was relevant to the Federal Magistrate’s reasoning: ‘It did occur in front of her teenage daughter. It was totally inappropriate behaviour on the part of Mr Davies.’60 An expert was relied upon for evidence in 20 urban cases (35%); in 13 of these matters (65%) the complaint was upheld.61 An expert testified in five of the 11 rural cases (45%).62 In four of the five (80%), the complainant was successful.63’ In the rural case that was dismissed despite expert evidence, the issue was inconsistency between the expert’s testimony with that of the complainant: The timeframe recorded by Dr TH is, I consider, inconsistent with that alleged by the Complainant – her version being that harassing events occurred some two to three weeks after she commenced her employment. The Complainant explained this discrepancy by saying that Dr TH must have made a mistake or that there was miscommunication between the two of them.64 60 Ibid, [19]. 61 This figure is as compared with success for only 27% of the urban complaints without expert witness(es). 62 A psychiatrist was called in two of these cases: VM v MP [2009] QADT 1; Frith v The Exchange Hotel [2005] FMCA 402. A psychologist was called in Hewett v Davies [2006] FMC 1678. A general practitioner was relied upon in Cross v Hughes [2006] FMCA 976. In Dale v Shearer [2006] QADT 1, an unknown type of medical expert was called. 63 In one of the four matters (Dale v Shearer [2006] QADT 1) for instance, expert medical evidence was used by a very young female complainant to demonstrate that although she had suffered depression throughout her life to date, the incidents of workplace sexual harassment that she endured had aggravated her symptoms. Similarly, a general practitioner’s report was seen as corroborating ‘her tearful and anxious state in the two months following the events, but does not contain any diagnoses of or opinion in relation to the existence of any clinical condition. 153 The lack of an expert can also make it harder for the decision-maker to calculate damages: A decision as to the appropriate damages for the breach of s 28B(1)(a) has been made difficult by the absence of the psychologist.65 However, choosing not to call an expert witness may work in the complainant’s favour. A judge who was hearing an urban matter in which a senior doctor harassed a junior nurse, awarded the nurse $100,000 and made an interesting statement:66 It was submitted that the lack of evidence of professional counselling, particularly in the immediate aftermath of the alleged event, rendered it less likely that the event had taken place at all… In the context of the view I have formed of this Complainant, I find her refusal to seek professional assistance to be completely in character and not a fact which, in the circumstances of this case, renders it less likely that the event alleged did occur.67 It is also not merely the complainants’ witnesses that can impact on outcome. Those appearing for the respondent may also influence the judicial officer in dismissing the matter. This was evident in Summerville and Department of Education & Training & Ors [2006]:68 It was not simply the number of witnesses who refuted Ms Summerville's evidence but their demeanour, their directness, and 65 Hewett v Davies & Anor [2006] FMC 1678 [19]. 66 Tan v Xenos (No 3) (Anti-Discrimination) [2008] VCAT 584. 67 Ibid, [3]. 68 Summerville and Department of Education & Training & Ors [2006] WASAT 368. 154 their general authenticity. The demeanour of Ms Summerville, on the other hand, and the many inconsistencies in her evidence which on their own may not have been significant but when taken together did bear on her credibility and led to the conclusion that her evidence simply cannot be relied on.69 ‘As if anyone is gunna listen to her, anyway!’ – The Credibility of the Complainant as a Witness In 100% of the rural matters and in 49 of the 57 urban cases (86%), the judicial officer made comments about the credibility of the complainant. These remarks were sometimes about the Court’s assessment of the witness’s truthfulness in describing the sexual harassment and/or the judicial officer’s view of the believability of the seriousness of the effects of the sexual harassment. The latter was discussed in Cross v Hughes & Anor [2006]:70 The evidence the applicant gave at the undefended hearing before me was essentially limited to the question of her damage. I did not find her to be an impressive witness. That is not to say that I found her to be untruthful. She simply did not provide any particularly convincing or coherent evidence in relation to the impact of these events upon her. Whilst she referred to being depressed and tearful and referred to such things as loss of appetite and increase in smoking and drinking, she was unable to provide any contextual embedment for these complaints in respect of the way in which they impacted upon her daily life. She was slow to answer the questions put to her by her counsel in respect of these matters. I take into account a nervousness associated with the giving of evidence in legal proceedings and I also take into account the fact that she may continue to find a recollection of these events distressing. But even allowing for those matters, her evidence was unconvincing as to the level of the impact of these events upon her. That is not to say that I do not accept that they had some impact. It is simply to say that she did not impress in the 69 Ibid [141]. 70 Cross v Hughes & Anor [2006] FMCA 976. 155 witness box as someone who was profoundly affected by the events described.71 This case was undefended though and the complainant was ultimately successful and awarded $11,822. In some cases, the decision-makers reflected upon what constitutes an honest and credible delivery of evidence. For example in Supplice v Skalos [2007]:72 I found the Complainant was an honest and reliable witness. She gave her evidence in a down to earth, forthright and understated manner without any apparent embellishment. Her account seemed limited to her recollection and she showed no signs of exaggeration or reconstruction. While there was no challenge to her account by cross- examination I scrutinised her evidence and found her evidence persuasive. I accepted the Complainant’s evidence.73 That matter involved a 16 year old girl who worked at ‘Legs & Breasts Chicken Shop’ in Huonville, Tasmania. She was subjected to ongoing sexual harassment of a verbal nature by one of the partners in the business (who was also her supervisor) who said things like: ‘You’re just strutting your stuff so I can see your arse wobble’; ‘You’re a dick tease’; and ‘I know you want me, I can tell by the way you’re looking at me.’74 The testimony given in Supplice v Skalos does seem to have been effectively delivered. The evidence provided by the complainant was consistent, lacked embellishment, yet 71 Ibid [23]. 72 Supplice v Skalos [2007] TASADT 4. 73 Ibid [23]. 74 Ibid [26]. Note that the perpetrator also made remarks such as, ‘You’re a spoilt little bitch, but if that’s what you think you’ve got to do, that’s fine’, which were said to have been part of his course of conduct in harassing and humiliating her because they formed a backdrop of ‘contemptuous and belittling behaviour towards the Complainant’. 156 contained a sufficient amount of detail.75 As illustrated in Perry v State of Queensland [2006], a balanced, proportionate and reasonable manner may also be important: Generally I regarded the complainant as an unreliable witness. She was very emotional about her case and interrupted her evidence several times to cry … upset and distressed out of all proportion to the events which occurred, or which she was describing - see for example her reaction to having a post it note put on the back of her chair as an office joke, below under the heading “Eat Me”.76 Indeed, it appears that a witness who demonstrates an emotional response on the stand may suggest an ‘exaggeration’ of the actual complaint: The complainant’s facial expressions, hand gestures and voice were all emotionally overwrought during her evidence. She gasped and sobbed many times. At times she became very angry: standing in the witness box, yelling, swearing, pointing aggressively at the respondent and banging one fist into her other hand or banging a thick wad of paper loudly against her hand, knee or the top of the witness box. The emotion displayed was disproportionate to the factual matters the complainant recounted. Events are inflamed and exaggerated in the complainant’s mind and her evidence is therefore unreliable.77 In Treacy v Williams [2006] the complainant was seen as evasive and aggressive: In general terms I found the Applicant Ms Treacy’s evidence lacking credibility as she was evasive and unresponsive to questions and at 75 This is as opposed to in a matter such as Hsu v BHB Australia Pty Ltd trading as Far West Consulting & Anor [2007] NSWADT 125 [57] where ‘the Tribunal found Ms Hsu’s oral evidence vague and lacking in detail.’ 76 Perry v State of Queensland & Ors [2006] QADT 26 [10], [13]. 77 Foran v Bloom [2007] QADT 31 [14]. 157 others provided gratuitous information. Her evidence was inconsistent and she displayed a somewhat aggressive demeanour.78 This last quote includes a reference to consistency in testimony. This is undoubtedly a contributor to assessment of credibility:79 Her account of what occurred sounded internally consistent and although some parts of her evidence were not contained in her witness statement this might be because the witness statement itself was not particularly detailed.80 One more example comes from the rural matter, Brown v Richmond Golf Club & Anor [2006].81 In this case, Ms Brown complained that she had been sexually harassed when a senior member of staff, Mr Slym, ‘Called her “Babe” and stroked her hair’,82 called her ‘Babe and Sexy’83 and ‘kissed her in an amorous fashion 78 Treacy v Williams [2006] FMCA 1336 [15]. 79 It is difficult though to analyse the frequency of judicial comment about the consistency of evidence given that sometimes judges make express comments about consistency and sometimes the consideration of such is implied. In some judgments, the element of consistency seems to be particularly weighted in the decision-making. The bottom line is that a good witness is consistent in their evidence. 80 Laviya v Aitken Greens Pty Ltd (Anti-Discrimination) [2010] VCAT 1233 [15]. 81 Brown v Richmond Golf Club & Anor [2006] NSW ADT 104. Note that this case provides an example of the definition of ‘rurality’ as being ‘elusive’ as described by academics and as outlined in Chapter 2. Richmond is widely acknowledged as being a ‘historical town’ and has a population of approx. 5,000 people. It is also equipped with a Rural Fire Brigade service. However, its relative proximity to the metropolitan outskirts of a major centre (compared to other rural townships) creates some scope for debate. 82 Ibid, [18]. 83 Ibid [32]. 158 without her consent’.84 He claimed that he did nothing more than attempt to give her a ‘good night kiss’. In deciding on this matter the tribunal members indicated that Ms Brown’s account was ‘broadly consistent’ with the earlier account that she had provided to the police.85 Unsurprisingly, inconsistency was seen as contributing to an image of untruthfulness. It is important to note that when cases were decided against the complainant, it was not uncommon to find judicial comments about the respondents’ credibility.86 In Mohican v Chandler Macleod Ltd87 the male complainant, employed as an aircraft maintenance engineer by Forstaff Aviation, complained that he was sexually harassed in the course of his employment by members of staff and that the sexual harassment had taken different forms. The tribunal in dismissing the complaints, concluded that: The evidence given by Forstaff’s managers, as well as all of its employees, was consistent and the Tribunal concluded that Mr Mohican s allegations that sexual acts and pornography were openly discussed at the workplace and that pornographic magazines were openly displayed at the workforce, was completely unfounded in fact.88 84 Ibid [18]. 85 Ibid. 86 For example, in Salt v NSW Department of Education and Training [2006] NSWADT 326, [76] it was stated that: ‘The onus of proof rests on Ms Salt and in a situation where Mr Loxley is believed to be just as credible as she is, it must be found that she failed to prove her case on the balance of probabilities.’ 87 Mohican v Chandler Macleod Ltd [2009] VCAT 1529. 88 Ibid, [60]. 159 Conclusion Whilst the small sample size in this study means that research conclusions must be made cautiously, this study showed that rural complainants were more likely to secure judicial reasoning in their favour.89 Of course, the realities associated with reporting sexual harassment have been explored in chapter five and despite the higher rate of rural success shown in this chapter, research shows that this process is a complex one for the rural victim. In this chapter we saw that almost half of the rural employers (45%) were deemed liable for the actions of their employees. This was as compared to approximately one third of the employers in the cases. The question of whether rural employers are implementing appropriate workplace policies and training to eliminate sexual harassment will be explored further in the following chapter, “Fit in or F#$@ Off!”: The (Non) Reporting of Sexual Harassment in Rural Workplace. The findings contained in this chapter also showed that 73% of the rural matters involved more than one type of sexual harassment and that most of these cases of ‘multiple manifestations’ took place in a sexually permeated environment. The significance of sexually permeated environments in male-dominated workplaces was explained in chapter four and the prevalence of such will be explored further in 89 The reasons for this would include (but not be limited to) the vicarious liability of the employer, multiple manifestations of harassment and offenders being positioned in a senior role to the complainant. 160 chapter eight, ‘..just the boys havin’ fun!: The Nature, Pervasiveness and Manifestations of Sexual Harassment in Rural Australia. It was also shown in this chapter that in almost all of the rural cases (10:11), the alleged offender was in a senior position to the complainant. Chapter eight will also examine whether this is a common characteristic of sexual harassment cases in rural Australia. Also in chapter eight, (and in view of this chapter’s finding that judges only comment on age or ethnicity when there is something extraordinary to be said about these factors), the significance of the complainant’s characteristics such as age or ethnicity will also be examined. Recommendations and conclusions arising from this chapter will be explored in chapters ten and eleven. 161 CHAPTER 7 “FIT IN OR F#$@ OFF!”: THE (NON) REPORTING OF SEXUAL HARASSMENT IN RURAL WORKPLACE1 Introduction In the previous chapter, it was explained that the general reporting rates of sexual harassment across Australia are generally known to be low. Research also indicates that victims of sexual harassment may naturally prefer to ‘put up with it’ rather than be seen to ‘make a fuss.’2 Chapter four considered the known rural-specific barriers that may influence a victim’s willingness and ability to report unwanted sexualised behaviours. Against the backdrop of these rural complexities and a low national reporting rate, this chapter seeks to explore the levels of workplace sexual harassment reporting in rural areas. It includes an examination of the possible contributors to (or explanations for) low reporting by identifying which employees are most likely to report and those who are least likely. The chapter also investigates whether other variables, such as occupation, the type of harassment, degree of rurality and gender ratios of the workplaces affect reporting practices and beliefs. The effectiveness of sexual harassment policies and training mechanisms are also considered, particularly in the context of their impact on disclosure. 1 Findings from this data fieldwork have also been published in the following book chapter and papers: Skye Saunders and Patricia Easteal, ‘“Fit In or F$%! Off!”: The (Non) Disclosure of Sexual Harassment in Rural Workplaces’ (2012) (special ed) International Journal of Rural Law and Policy 2 C MacKinnon 1979, Sexual Harassment of Working Women- A Case of Sex Discrimination, at p 40. 163 “The Big Reveal..” Reporting Sexual Harassment in the Rural Workplaces Almost three quarters of the 84 employees had experienced sexual harassment themselves from a colleague (73.8%) or member of the community in the workplace (4.8%) and/or witnessed it – 97.6%. Despite these high percentages, just over one third (35.7%) of the employees stated that they would report sexual harassment. Of the 23 employers interviewed (21 female and two males), all but one respondent reported that they had witnessed sexual harassment in the workplace while 17 of the 23 had personally experienced it. Employee Characteristics and Reporting Trends Figure 7.1 shows that the level of education attained by the complainant correlated with the likelihood of reporting the harassment. Employees who had attained higher levels of education were more likely to report:3 in particular, those who had completed post-graduate studies were significantly more equipped to report sexual harassment than those employees who had only completed year 12.4 3 �! 4, � = 77 = 14.512, � = .006, with a medium effect size, ɸ =.434. 4 This was determined by a series of unplanned 2 x 2 post hoc analyses. 164 Figure 7.1: Level of Education and Whether Respondent Would Report Sexual Harassment It was indeed more common for women who had obtained a university level of education to acknowledge the significance of workplace policies in the context of reporting: ...more importantly I know that the policy is there and that I can find it to point to if I need to. Because it is so much easier being able to point to a policy and say ‘your behaviour has breached this policy’ than it is just to say that your behaviour has hurt me. (University graduate, aged 28, Environmental Manager, ‘average to low’ rurality). Senior-level employees were significantly more likely to report.5 Almost three quarters of junior ranked people would not report, just over half of the mid level employees whilst only one of the six senior level people would not report (16.7%). There were no statistically significant differences in the likelihood of reporting for juniors compared to those in middle management or those in middle management compared to senior management. Indeed, some participants in senior management positions did tend to confirm their perception that other staff members in the hierarchy were not necessarily likely to report incidents of sexual harassment in the workplace: 5 �! 2, � = 76 = 8.515, � = .014, with a medium effect size, ɸ=.34more. 165 Well I have known friends who have worked in different roles in different workplaces where the workplace just did not support them when they have been sexually abused and the culture in that workplace is that it just does not get you anywhere to report stuff like that. And that is a huge barrier because quite often you are taking a risk in reporting- you are going into battle and you are generally unsure whether you are carrying any armour. (Senior Mining Consultant, age 28 years, ’low- average’ rurality). Correlating with the above finding about junior-level staff, Table 7.1 shows that employees under the age of 25 years are less likely to report sexual harassment than those over the age of 25 years.6 Table 7.1: Whether Respondents of Different Ages Would Report Sexual Harassment Age of employee Would the respondent report sexual harassment? Yes No <25 (n=30) 23 77 >25 (n=65) 51 49 50-75% (n=17) 7 41 >75% (n=17) 3 18 One participant explained: As a nineteen year-old working in a factory with adults, you don’t feel very empowered to say things. (Worker in a vegetable export factory, 19 years, ‘high’ rurality). Another young female employee spoke of a similar reluctance to report rude comments of a sexual nature in the workplace: 6 �! 1, � = 95 = 6.34, � = .012, with a small effect size, ɸ =.26, 166 I mean, it is not a constant thing, it’s just sporadic, but I think it is inappropriate. And being a junior physio I can’t exactly… yeah. It’s a bit of a ‘don’t rock the boat’ situation, I think. (Junior physiotherapist, aged 23, ‘average’ rurality). On the other hand, one male employer perceived that the impact of ‘Generation Y’ in the workplace is significant in effectuating acceptable workplace practices: ...when you have younger females, well their background would be not to put up with it. Whereas my background- my generation’s- is that you sort of hear it and then laugh it off. And really, I think that it is a generational thing. Perhaps I shouldn’t. You shouldn’t be isolating people by generation. But, what is tolerable to me is probably not tolerable to a, um, female in her twenties… And I guess that when you get a bit more mature you just roll with it. (Livestock Manager, aged 60, ‘average’ rurality). This generational issue was a recurring theme- another senior manager (this time female) from a different state said the following of ‘Gen Y’ in the context of reporting: I have certainly had conversations with people who are younger and new to the industry. The Gen Y’ers, as we call ‘em, just don’t tolerate it (harassment) and are more eager to speak up about what suits them or what they want then my generation. When I started work I had a gratefulness for a job. Whereas people I employ now- that is not the way that they think at all! (Mining consultant, aged 38, ‘low’ rurality). It is perhaps important, though, to counterbalance these generational remarks with the commonly made remark that: It is often the older ones- the older blokes- that you have to watch. (Livestock vet, aged 45, ‘average’ rurality). Other socio-demographic factors such as marital status or ethnicity did not have an effect on likelihood of reporting. However, it is noteworthy that four of the five Indigenous respondents who replied to this question answered that they would not report, as compared to 50-60% of the Anglo and Anglo-British 167 respondents. One participant of an Indigenous background reported having been subject to unwanted staring or leering in the workplace on an ongoing basis. When asked how that behaviour made her feel she said: I’d usually just sort of think “Why would you do that?” and that is about as much thought as I would give it at the time. The same participant was later asked whether- in her mind- the experience of sexual harassment is impacted by one’s status as an Indigenous Australian. She answered: Um… I’m not too sure, I spose.. .I believe Aboriginal people usually take it more to heart. That’s just my thought.. They would probably like- how do I say it- (long pause). It’d be something they’d keep thinking about after. Aspects of the Workplace and Reporting Trends Reporting rates were not affected in a statistically significant way by either the State/Territory in which respondents were employed or by the degree of workplace rurality. Sixty percent of people from the most remote places indicated that they would not report; compared to 77% of participants from average to high ruralities; 50% from average ruralities and 60% of those 15 people employed in average to low rurality. This finding was somewhat counter-intuitive and unexpected but can be explained, at least in part, by the fact that many of the remote area women who were interviewed were employed in the mining industry or as nurses or teachers employed by the government. Government jobs feature higher quality policies and training mechanisms (discussed below) and this may equip and empower remote government employees to report harassment. One senior manager in mining made the following comment in support of this possibility: I think it is fair to say that since I started in mining there is a lot less tolerance of harassment from a corporate management level. So if you 168 went to larger mining companies you would be less likely to see harassment than if you went to a smaller company. (Environmental Scientist in Mining, aged 38 years, ‘average- high’ rurality). Although also not statistically significant, a higher proportion of ‘professionals’ and those that work in the mining industry would report (see Table 7.2): Table 7.2: Whether Employee Respondents from Different Occupations Would Report Sexual Harassment. Occupational Area Would the participant report sexual harassment? Yes No Professional (n=14) 57 43 Agriculture/Horticulture 30 70 (n=20) Retail, hospitality and fast 31 69 food (n=16) Mining (n=10) 60 40 Administration (6) 33 67 Despite whether they had experienced acts of sexual harassment in the workplace, it was quite common for women in mining to affirm the excellent sexual harassment policies that were a feature of their workplace: Yes, the mining company is pretty strong in that. Definitely, the policies are part of site induction and they have posters up and you have access to a HR person if ever you need to talk to someone. (Environmental Scientist in Coal Mine, ‘average’ rurality). The proportion of women in the workplace did not appear to affect whether the respondent would report sexual harassment. About an equal proportion of women in predominately male workplaces (72%) would not report as females in predominately female workplaces (67%). Some women made comments about 169 the nature of work in a female-dominated workplace, which suggest that the absence of male figures in the rural workplace can create some level of disharmony in itself: I suppose that everywhere you work you get a bit of unhappiness but I think in nursing you’re always gunna have narkiness because it is such a female dominated working environment. Girls just tend to be bitchy. (Laughs). I think that not have a balance of a few blokes scattered throughout the workplace, it really makes it bitchy at times- really narky. (Remote-area nurse, ‘high’ rurality). The percentage of women in senior roles also did not significantly impact the decision to report sexual harassment. In the same way, the number of staff in the workplace did not emerge as a significant variable, although more women (42%) in smaller workplaces (1-15) would report in contrast to 29% in medium-sized (15-45) workplaces and 27% who had staff in excess of 45. Experiences of Sexual Harassment in the Workplace and Reporting Trends The hypothetical willingness of participants to report incidents of sexual harassment were not affected by whether they had actually experienced sexual harassment by a colleague (to a statistically significant degree): 69% of the 62 who had been the target of harassment would not report and 59% of the 22 who had not experienced it would not report it. The impact of ‘witnessing’ was also not emergent as significant. Fifty-one respondent employees reported that they had indeed witnessed sexual harassment and 43% of these employees would report. Comparatively, 28% of the 25 who had not witnessed sexual harassment would report it. Respondents’ views about reporting also did not vary significantly based on the type of harassment (see Figure 7.2). 170 Figure 7.2: The Type of Harassment by whether the Respondent Would Report It is interesting that a slightly smaller proportion would report physical harassment than the other types. One participant who had reported being rubbed on her torso on multiple occasions in the ‘very rural’ workplace was asked whether she had been inclined to ask the perpetrator to stop: I have been thinking about how to do that. But I haven’t really figured out how to in a tactful sort of way. (Engineer, 30 years old, ’high’ rurality). Possible Contributors to the Non-Reporting of Sexual Harassment Figure 7.3 depicts the responses to the question about perceived barriers to reporting. 171 Figure 7.3: Employee Respondents’ Perceived Barriers to Reporting (n=89) Quite a few people were concerned about possible negative consequences of reporting. A number of participants referred to fear of their employer or senior manager ‘joining in’ with the harassing behaviour if it were drawn to their attention by way of a formal report. One woman spoke about this in the context of her work as a jillaroo: When I was out mustering some of the guys were joking about how big some of the cow’s teats were and how they compared to some of the women’s boobs on the station. When asked whether she felt inclined to report this discussion to a senior person in the workplace, she replied: No. I think that none of the girls working on the station would tell the manager because they would be unsure as to whether the manager would join in- because that is the way that the manager did things. He would join in. (Station hand, 25 years, ‘high’ rurality). A remote-area nurse based in an Indigenous community shared similar concerns about the reluctance of ‘management’ to intervene in the event of a sexual harassment complaint: In my experience, management aren’t interested in dealing with harassment stuff. I mean, obviously there are differences in management but in my experience I don’t think management are all that interested in dealing with what might be seen as being a bit of a 172 petty complaint. I don’t think they take it seriously because they have so much difficulty staffing these areas anyway that if they took up and ran with every petty complaint that was made they risk losing staff members. And they can’t afford to do that. (Remote-area nurse, aged 29, ‘high’ rurality). It is also likely that the rural setting and small size of the community correlate with the high number concerned about confidentiality and gossip. One participant captured commonly held concerns about gossip and about community perceptions in her consideration of the barriers to reporting for women in small communities: I reckon in a smaller environment or in a a very small town where it might be hard to find a job or where there is a lot of local small town gossip- I think that sort of thing would make it extra hard for women to report sexual harassment. And depending on where people sit, too- like, would you report it if you had a partner who said “well you are a tart and you would have deserved it”? So I think it depends on the woman’s own network and support environment. (Road Safety Officer, aged 49, ‘average’ rurality). One interesting shared attitude that also emerged in the context of under- reporting is summarised in one woman’s response to a question about how she felt about the prevalence of rude joke-telling in the shearing shed in which she worked: Put it this way, I.. ,if it’s.., it probably sounds weird but I’d probably feel more comfortable if it is in the workplace than if it’s not, because if it’s in what I call my ‘private space’ I definitely feel a bit more vulnerable. For example, if we were working in the shearing shed, the shearers would often tell a dirty joke or talk about how people.. ,yeah. It doesn’t worry me, it’s just water off a duck’s back. (Shed Hand, aged 40, ‘high’ rurality). So in the rural context, workplace sexual harassment can be viewed as a ‘safer’ form of harassment than might be the case in the ‘private’ or domestic sphere. Another barrier to reporting might well be lack of knowledge about what constitutes sexual harassment. The 32 respondent employees who appeared to 173 deny the sexual harassment were as inclined not to report (66%) as the 58% of the 43 who did not deny that the behaviour was harassment. And, there was no statistical difference in reporting patterns for those who believed women contribute to their victimisation or those that thought harassment is just about ‘boys being boys.’ None of the beliefs about what constitutes sexual harassment had a significant effect on reporting. If a person did regard a certain type of behaviour as sexual harassment they were slightly more inclined to report it. For instance, 46% of the 26 people who thought that sexual banter constituted sexual harassment would report as compared to 30% of those who did not see it as harassment. Half of those who thought that pornography was sexual harassment would report compared to a quarter of those who did not. One female engineer spoke of her boss’s tendency to tell sexually-themed jokes frequently throughout the day and for other colleagues to take his lead and join in. She was asked how she felt about this banter and responded: That is just the way that they behaved. And I copped it on the chin. I probably copped it on the chin because it involved the boss who was in a position of power. In a lot of workplaces it happens, I know and at the end of the day you have to make sure that you get on with people. The guys and their jokes- I guess that is part of it, really. (Heavy Engineer, aged 40, ‘high’ rurality). Twenty nine percent of 28 employee respondents did not consider pornography to be sexual harassment; 57% of the employer sample shared that view. One employee participant mentioned the existence of ‘certain calendars’ in her engineering workplace. When asked about how explicit the calendars might be she quickly responded: Oh, nothing serious! Just topless. Yeah, only topless. (Viticultural Engineer, aged in mid-30s, ‘high’ rurality). Of some concern are the 41% of employees and 68% of employers who appear to deny sexual harassment. One female manager shared her experience of a male 174 colleague having regularly exposed his genitals to her and to other people whilst underground in the mines. She identifies the behaviour as being designed to ‘shock’ or to cause the recipient to feel ‘uncomfortable’ but then shifts to labeling the behaviour as ‘a reflection of him’ rather than being focused on the audience. She ultimately cited this as the reason for not reporting: I have experienced a man physically exposing himself to me. And not just to me- to anyone else who was around. Repeatedly. Countless times…This was an underground person who was in middle management. So when I would be underground he would often be too. There seems to be an old-school group of men who believe that women don’t belong underground. And I’ve even heard it said that women are bad luck underground. And there is a group of men who think that it is funny to try to shock you underground. Or make you feel uncomfortable…I would ignore it! I certainly never did anything about it!...To me, if someone wants to show themselves it is more a reflection of them than a reflection of me.” (Environmental Advisor in Mining, aged 36, ‘high’ rurality). Additionally, belief that a woman contributes to her own victimisation could contribute to low reporting (60% of 62 employee respondents; 83% of 18 employer respondents held such a viewpoint). This feeling was elucidated by another participant when asked about what the major barriers to reporting sexual harassment would be for rural women: It would be yourself for a start. In order to get work and to be accepted- as I said to you, my biggest worry was not that I was in the wrong but that I would be perceived badly. If you are confident within yourself then you would have no worries but it is how you perceive yourself that counts too. (Farm Contractor, age 40, ‘high’ rurality). Another barrier to reporting may come from the 69% of (52) employees and 61% of (18) employers believe that sexual harassment is just about ‘boys being boys.’ This sort of attitude would tend to normalize and trivialize such behavior. One female who was employed as a geotechnical engineer for a mining company described having experienced unwanted physical touching, rude jokes, sexual banter and exposure to various types of pornography in the workplace. She 175 maintained that it was preferable not to report these behaviours, despite describing her feelings of discomfort in experiencing the harassment: I know it sounds bad, but you do get used to it. It’s again-‘boys being boys’ or ‘men being men’. Because it is a male dominated environment that is just how they are. It feels like, I suppose, you have to accept it.. .The way I see it, it is their workplace- oh that sounds very wrong! But it does just seem like it is their workplace. (Geotechnical engineer, aged 26, ‘high’ rurality’). “Where does it say that?” The Lack of Sexual Harassment Policies Another major obstacle to reporting could be the lack of sexual harassment policies with a clear complaints path. Half of the workplaces evidently do not have these policies, or if they do, the respondents are not aware of their existence. About three quarters of the employees who work without a policy would not report. Half of the employees who have a sexual harassment policy in place would not report. Although not statistically significant there is an indication here that the presence of policies encourages reporting. However, even having the policies may not be enough. One police officer commented on the harassment policies in place in the police force, although she did highlight an accompanying concern: There are definitely policies in place but those policies don’t protect you from the wrath of other members of the force.. And you’re dealing with guys that have worked together for a really long time- close-knit inside and outside the station. (Police Officer, ‘average’ rurality). There are also perceived ‘sensitivities’ inherent in reporting when (as identified in the next quotation) the person doing the physical touching was also the complaints officer to whom harassment grievances would ordinarily be received: Yes, policies are a useful tool and it is important for organisations to have policies. But in and of themselves they are not worth anything if 176 they are not referred to and followed. There have been some serious complaints about staff members and bullying and stuff and I am not convinced that the policies on bullying are taken seriously. The person who is actually the one who I have observed touching legs and making comments is actually the officer in charge of the complaints. (Nurse, 32 years old, ‘high’ rurality). Another participant spoke of the possibility of gossip outweighing the potential effectiveness of workplace policies in the event that rural women reported incidences of sexual harassment: You have to think ‘what would be the consequences?’ What would the backlash be like? What would people’s opinions be afterwards? Was she right to do it/ was she wrong to do it? You know. People are just- the guys just look at it as fun. Fun and banter. Whereas girls may not see it that way. So they would say ‘it’s just fun’ and then a girl complains, procedures are followed and so forth- then it may look bad on her part because she took it to a wrong level or it wasn’t meant in that way. But that is the same for anyone, really. (Mining engineer, aged 26, ‘high’ rurality). Certain occupations were more likely to have policies: professional occupations as compared to retail/hospitality/fast-food occupations 7 and mining in contrast to agriculturalists/horticulturalists.8 Nine out of 10 mining workplaces had policies and seven out of eight professional workplaces as compared to only four of 17 retail and 10 of 27 agriculture. There were no differences in the likelihood of having sexual harassment policies in place for any other pairs of occupations. In addition, workplaces with 45 people or more were significantly more likely to have a sexual harassment policy in place than workplaces with 15 people or less.9 7 Post hoc test − �! 1, � = 25 = 9.035. 8 Post hoc test − �! 1, � = 37 = 8.194. 9 Post hoc test − �! 1, � = 54 = 8.14, � = .004 177 Forty-one workplaces involved travel; 61% had SH policies as compared to only 38% of the 42 workplaces in which travel was not a feature of the job. Therefore, when travel is required within the workplace there are more likely to be sexual harassment policies in place.10 Factors such as the relative rurality of a workplace, the proportion of women in the workplace and the proportion of senior women in the workplace did not have a significant effect on presence/absence of policies. “How was I supposed to know?” The Lack of Training in Sexual Harassment Policies Having sexual harassment policies in place increases the likelihood that there will also be sexual harassment training in the workplace.11 However, only 17% of the rural workplaces in the sample offered training about sexual harassment. Almost two thirds (64%) of those without training would not report as compared to 54% whose workplaces do have training. Similar to policies, the professional occupations were more likely to have sexual harassment training in place than the mining occupations, however this difference was not significant. There were no differences in the likelihood of having sexual harassment training in place for any other pairs of occupations or by size of staff. Note though that 17% of small workplaces had training compared to 30% of medium and half of the larger ones. One woman described the remoteness of her position and her real concern about lack of training in the existent harassment policies: Yes there are policies. You hear about them once when you first join. But they get forgotten, don’t they? Once they believe that you have had your induction they conveniently forget about it. They don’t even remind you like they should. It is like thinking about safety- they need to remind people. (Rangeland Manager, ‘high’ rurality). 10 �! 1, � = 83 = 4.34, � = .037, with a small to medium effect size, ɸ =.23 11 �! 1, � = 75 = 20.76, � < .001, with a large effect size, ɸ =.53, 178 Another woman emphasised the presence of visual reminders about safety issues in the shearing sheds, but never any reminders about sexually harassing behaviour: Yeah, even in the shearing sheds there is no way that you would see a billboard about sexual harassment. You would see one about not lifting the wrong way so as to protect your back. But not about sexual harassment. No way. If you are out here working the deal is that you have to deal with what goes with that. (Shed hand, ‘high’ rurality). The following variables did not have a significant effect on the existence of training in workplace sexual harassment policies: the proportion of women in the workplace, the proportion of women in senior workplace roles, the state or territory within which the workplace fell and the degree of rurality of the workplace. And unlike policies, travel as a part of the job did not correlate very significantly with training (24% of the jobs with travel had training as opposed to 10% of those without travel). “What did he say when you told him?’ The Outcome of Reporting Figure 7.4 (below) illustrates what happened in the 25 cases in which the harassment was reported: Figure 7.4: The Outcome of Sexual Harassment Matters Which Were Reported (n=25) 179 The following comment from a granary manager is illustrative of the type of management response which may lend itself to an outcome of ‘nothing’: Yes, I have had complaints from the girls at the grain stand. Like they might say ‘that truck driver has just sworn at me’ and I might have to remind ‘em that they were made aware of it when they took on the role. But it is just not easy for me to change the workplace behaviour itself- that is a whole other thing and you can’t just change the behaviour like that. (Senior Manager, Granary, ‘high’ rurality). And the following extract from the same interview provides further insight into the possible reasons for less-than-favourable outcomes: I would say to them that they need to learn to cope with it. You just need to be cut out for it and some girls are obviously not… You need to be assertive but not aggressive. If you are aggressive you just hear ‘em say “Geez, she is a cranky bitch”. If you are just assertive they will take your shit and make friends with you. You just need to show ‘em you are not a weak little girl who needs looking after. So the girls are generally happy to accept that when I tell it to ‘em, I guess. An employee respondent spoke of having repeatedly experienced being touched on her shoulders and multiple attempts to ‘give her neck a rub’ and indicated that she had reported this behaviour to her (female) supervisor: She kinda said “Oh yes, that happens.” Even though she knew that there were two other girls that it happens to as well. I just don’t think people take it seriously out here. (Customer Service Officer for Livestock Agency, ‘average’ rurality). Almost half of the employers (11) had received complaints of sexual harassment. Many of these respondents showed a level of uncertainty in how to deal with sexual harassment complaints. There were, however, some reflections which recognised that complaints might have been better handled. One senior manager 180 spoke of her decision not to have intervened when she knew that pornographic emails were being circulated in the workplace: I think when I consider them now I think ‘that was probably quite naïve, especially since it was at a time when I was managing. There is a possibility that I should have- not necessarily formalised the complaint but made an extra effort to acknowledge that it was inappropriate behaviour. And maybe the colleague who received it could have been affected but because of the friendly nature of the whole team we brushed it off. I was probably naïve because I didn’t ask how it made her feel as opposed to waiting for her to raise it further as an issue. But because she didn’t raise it further we didn’t make a big deal of it.” (Senior Manager of Travel Agency, ‘average’ rurality). Discussion: “I guess it’s just a bit of a different mindset in a rural community…” This data revealed a relatively high general level of reporting in rural Australia compared to the current national statistics provided by the Australian Human Rights Commission. However, in the context of the discussion below it is important to consider the possibility that the sample of women who volunteered to participate in interviews may generally naturally be more inclined to vocalize their thoughts and may also be inclined to report sexual harassment more confidently in the workplace. That is, it is possible that the overall level of reporting across rural Australia as a whole is indeed lower than this research has demonstrated might be the case. The data has also revealed that the profile of the rural woman who is most likely to report sexual harassment in the workplace is well–educated, older, Anglo and in a relatively senior position. Although not statistically significant, this research also suggests that rural women are more likely to report if they have a professional or mining occupation. Interestingly, the participants’ voices have collectively expressed that the sexual harassment policies in mining and in professional or government positions tend to be extensive and thorough and this may account for the higher degree of reporting confidence expressed by women 181 in these types of roles. It is, however, important to note in this context that the Australian Human Right’s Commission’s most recent national telephone survey led to the finding that ‘targets of sexual harassment were most likely to be a professional worker (31%) or a clerical worker (19%).’12 Related to this is the concerning finding that employees under the age of 25 years are significantly less likely to report sexual harassment than those over the age of 25 years; in fact, 77% of the under 25 cohort would not report. This is interesting in combination with the somewhat disparaging remarks made by some senior managers about the insistence of ‘Generation Y’ers’ to ‘Speak up’ about their workplace rights. It may be that their more junior status results in less empowerment and plays a part in whether younger staff members feel able to report incidents that make them feel uncomfortable in the workplace. There was a tendency for younger participants to urgently and earnestly speak of ‘not wanting to rock the boat’ by reporting harassment, for fear of risking their employment, their reputation, their social fabric and so on. Interestingly, the preponderance of men in the workplace did not emerge as having a significant impact on the likelihood of women’s reporting of sexual harassment incidents. This is counter-intuitive because it was expected that a majority of men correlate with a ‘masculine’ culture that dissuades disclosure plus does not allow for females to report to: I guess if the senior staff are all male- and although we have some particularly good male managers- women might not feel comfortable without a female senior person to go to. So just the ratio of senior female staff to senior male staff is an issue. And also, I guess, it is a bit of a different mindset in the rural community. I guess it is a little more accepting of the old behaviours- so you know, the blokey types of behaviours are just more ingrained, I think. And 12 Sexual Harassment: Serious Business Chapter 4, 4.10 (c) accessed at http://www.humanrights.gov.au/sexualharassment/serious_business/sh_chap1. html 182 they haven’t caught up as quickly in the city. (Senior Operations Officer, aged 31, very rural). However, in considering the broader picture in rural areas we must contextualise workplaces as existing amidst the culture of ‘tolerance’ in the bush. That is, given the deep and varied nature of the concerns which may arise from reporting sexual harassment, there is a need to ‘be selective’ in reporting sexual harassment incidents in rural Australia, as was described by one participant: ...it comes back to picking your battles. So if Joe Bloggs touched me on the chest or something like that then I might complain. But if you were going to complain every time someone stared at your chest you would know that your credibility is being damaged and you also know that nothing is going to come of that. Because if they fired every bloke who stared at my chest they would have no staff left. It is as simple as that. So you remember to only kick up a stink over the things that really matter. (Mining Manager, aged 28, ‘high’ rurality). A number of women mentioned that female dominated environments can be quite ‘bitchy’ and ‘narky’. Some respondents blamed other women for their own experiences of harassment, thereby doubting the genuineness of the victims’ need for reporting of the harassment. This is consistent with the available literature which, for example, documents a tendency for rural nurses (operating in female-dominated environments) who report violent incidents to be blamed for their victimisation by employers and colleagues and to be seen as playing an active role in that sexual harassment.13 However, the impact of women’s judgement on other women in the context of reporting is not restricted to female dominated workplaces. There were numerous comments made by females who apparently felt some level of resentment towards other women in male-dominated environments for the nature of their ‘conduct’. This attitude, which evidently has the potential to saturate workplace culture, in combination with other women’s perceptions that 13 R Green, R Gregory and R Mason (2003) above n 11 at 96. 183 ‘even professionals develop a sense of tolerance for the other lifestyle- so the topless becomes OK’ is consistent with low reporting for other types of violence against women discussed above. In order to ‘dilute’ this culture of blame, it would seem that a self-preservation mechanism implemented by many rural women is to adapt to the masculine features of a workplace culture and to essentially join in with the banter. This happens in the spirit of (a reluctant) celebration of ‘the kind of fun that ‘we’ can have’- despite the intrinsically unwelcome nature of the ‘fun’. Certain other factors that we thought might make a difference in the likelihood of rural women reporting did not prove to be significant. This included the type of harassment experienced. It was interesting to note that a slightly smaller proportion of women would feel comfortable reporting physical acts of sexual harassment. This is perhaps unsurprising, though, because the physical acts— whilst at the most extreme end of the harassment spectrum—would reportedly tend to occur in very private locations and the touching would tend to be furtive. When combined with a general lack of witnesses, the ‘my word against his’ dilemma and the barriers to reporting such as the possibility of job loss, loss of community respect and so forth, it is easy to understand that ‘putting up with it’ is a reasonable option. Conclusions and recommendations will be discussed in chapters ten and eleven. 184 CHAPTER 8 ‘…Just the Boys Havin’ Fun!’ The Nature, Pervasiveness and Manifestations of Sexual Harassment in Rural Australia1 Introduction As discussed in chapter five, ‘hostile workplace environments’ are cultural manifestations that pose particular problems for women employed in male dominated workplaces. This is because in such a space, men may maintain women's status as ‘outsiders’ by sexualizing the workplace.2 A ‘doubly masculinised’ workplace environment3 (see chapter five) drips with testosterone, naturally leading to a distinct lack of ‘feminisation’ in that workplace. This is particularly so since the token status of any female employee 1 The findings in this chapter appeared in Skye Saunders and Patricia Easteal, ‘The Nature, Pervasiveness and Manifestations of Sexual Harassment in Rural Australia: Does “Masculinity”of Workplace Make a Difference?’ (2013) 40 Women's Studies International Forum 121. 2 Susan Martin and Nancy Jurik, Doing Justice, Doing Gender: Women in Legal and Justice Occupations (SAGE Publications, 2007) 72. 3 James Gruber . ‘The Impact of Male Work Environments and Organisational Policies on women’s Experiences of Sexual Harassment’ (1998) 12(3), Gender and Society 301, 303. 185 would prevent them from effectively impacting upon the culture.4 Ultimately, of course, when these workplace dynamics combine with other rural cultural norms- such as that which ‘favours men's domination over women’5 and upholds ‘mateship’ as a valued ‘code of conduct amongst men’6 (see chapter three)- the workplace becomes particularly wrought with gendered tension. As part of the male code, men will band together in response to an external threat.7 This nature of ‘threat’ may manifest as the mere presence of a woman in the predominantly male arena, thereby inciting sexualised behaviour, bullying and violence as ways of enforcing male boundaries.8 When the tensions of gender and bush tradition combine, the result is potentially volatile and may mirror the type of reckless culture of discrimination known to exist in the military. This chapter explores whether this is the case by examining the interview sample and highlighting the reported incidence of both ‘one-on – one’ and ‘pack’ sexual harassment as a measurement of pervasiveness. The respective age, level of workplace seniority and/or education of the interview participants are considered, particularly for any correlation between those factors and incidents of sexual harassment. The chapter also investigates a 4 Rosabeth Kanter, ‘Some Effects of Proportions on Group Life: Skewed Sex Ratios and Responses to Token Women’ (1979) 82(5) American Journal of Sociology 965. 5 Shirley Jamieson and Sarah Wendt, . Exploring Men's Perpetrator Programs in Small Rural Communities’ (2008) (2008) 18 (1) [online] Rural Society, 39, 48. 6 Terry Colling, Beyond Mateship: Understanding Australian Men, (Simon & Schuster, 1992), vii. 7 Ibid 10. 8 K Carrington, 'Violence and the Architecture of Rural Life', in J Scott et al (eds), Crime in Rural Australia,(Federation Press, , 2007) 88, 93. 186 possible relationship between the pervasiveness of sexual harassment and both occupational type and/or the workplace’s degree of rurality. “Copping It”: The Frequency of Experiencing or Witnessing Sexual Harassment: Almost three quarters of the respondents in the workplace data set9 (73%) reported that they had experienced sexual harassment by a colleague in the course of their rural employment. Similarly, 70% of respondents indicated that they had witnessed sexually harassing behaviour in the workplace. As Table 8.1 (below) shows, those working in agricultural/horticultural occupations were significantly more likely to have been the target of sexual harassment than either those employed within the professional occupations (x! 1, N = 47 = 9.35) or respondents working in retail, hospitality or fast-food occupations (x! 1, N = 48 = 12.81). 9 As explained in chapter two, the 107 participants were interviewed from a total of 101 workplaces. This data set is comprised of those 101 workplaces. 187 Table 8.1: Number and proportion of people in occupational categories who have experienced or witnessed sexual harassment* Experienced Sexual Witnessed Sexual Harassment Harassment (n) % (n) % Professional 10 57 9 53 Agriculture/Horticulture 27 93 25 86 Retail, Hospitality and 9 47 9 47 Fast-Food Mining 9 82 10 91 Administration 9 82 9 90 *13 occupations are not included because they did not fit into any of the major groupings. Accordingly, when one woman who had managed a large cattle station for a number of years was shown the list of sexualised behaviours in her interview, she laughingly indicated that all of those behaviours had been an issue in her agricultural workplace: Yes. Probably all of the behaviours at some point.. and again, it comes down to how you react and I mean, if you are not going to react to something, well, the blokes soon give up on- on trying to be annoying or whatever the case may be. So if you’re not going to fire up at it and they don’t get the reaction that they are wanting- well- it’s not much fun for them, is it? But yeah, look, at any given point in time all of those kinds of things probably (52 years, high rurality). 188 Similarly, a young female jillaroo from QLD suggested that sexual harassment was generally prevalent in her isolated workplace: Yeah, look, it’s very common I think. And to be honest, eventually you get to the point where you go along with it and you probably perpetuate it because that’s the culture you’re immersed in. (21 years, high rurality). A rural veterinarian also spoke of sexual harassment as a relative cultural norm in her job and was reluctant to categorise the behaviour as overly problematic: Um, yeah… if I say ‘that is enough’ they tend to go away…I mean this stuff happens and I tend to think that the fellas are joking. I tend to always think you are better off not to make a big deal of it or they think- you know- that they are hitting the mark. My reaction is generally to walk away from it. I am not really a big conflict person but they know I don’t like it (45 years, average rurality). Those working in agriculture/horticulture occupations were also more likely to witness sexual harassment than those employed in the retail, hospitality and fast-food occupations (x! 1, N = 48 = 8.38). As a vineyard hand’s comments indicate, female workers are sometimes subject to continuous sexualised banter: I have a colleague who talks all the time about women. It drives me absolutely nuts and I’ve fallen out with him over those comments, so the only thing I can do now is put my headphones in and ignore it. I’m sure he does it deliberately to wind me up. I heard him talking one day about one of the girls in the office and he was talking about her breasts, you know? He was going on and on and on and he was right next to me so I couldn’t help but hear. (43 years, average rurality). 189 “Just walk away..” Responding to Frequent Workplace Sexual Harassment: Some women respond to sexual harassment by mirroring the verbal patterns of men, as described by a rural school teacher: In the bush when you are there in the moment, it is the blokes’ refuge to banter. And women cope by bantering back but in a way that doesn’t affect their status. There is a- it is almost like if you can walk the line between being seen as a good sort of ‘She’s alright, she’s a good stick’ you will be ok, but if you push too hard you can elevate the level of the banter. It is a juggling act, I think (48 years, average rurality). Other women preferred alternative strategies for responding to sexual harassment, however, such as this veterinarian who recommended simply ‘walking away’: I mean, this stuff happens and I tend to think that the fellas are joking. I tend to always think you are better off not to make a big deal of it or they think- you know- that they are hitting the mark. My reaction is generally to walk away from it. I am not really a big conflict person but they know I don’t like it. (45 years, average rurality). A young, female jillaroo from a large cattle station in Northern Australia also suggested that ‘walking away’- at least metaphorically- was a useful technique to counteract incidents of sexual harassment: You get little innuendos flying around all the time. Not all the time, but especially when I was up near the mustering camps. But I guess I’m a person who’s like ‘No, don’t go there, I don’t wanna hear it, that’s revolting, you can stop, if you wanna talk about it I’m gunna go away or you can go away.’ I have quite high morals and I find that this sort of stuff doesn’t happen around me because I have certain standards for myself and I think people automatically pick that 190 up. So with the guys up North, there’d always be little things- like one fella was saying to me- excuse my language- ‘be my fuck buddy’. And I was kinda like, ‘Nup. Not happenin’ sorry, see you later.’ Not that you’d actually walk away. I mean, they’d joke about it and you’re just like ‘No. I’m not like that, just stop it.’ But it was just their little way. (26 years, high rurality). As reflected in the table above, however, some respondents in ‘professional’ occupations spoke with relative confidence about not expecting to witness sexual harassment in the workplace. A physiotherapist from a relatively large Western Australian rural community explained: I think we’re a very open practice so the communication and relationships between our staff members are very open and friendly. We do a lot of continued education or we work together in groups and we share patients. I think the fact they’re working to help other people shows the quality of people they are. I admire all of them so I would never be afraid that there would be any issue with sexual harassment there (23 years, low rurality). “Out in the sticks..” The Impact of Rurality and Gender Ratio on the Frequency of Workplace Sexual Harassment: Interestingly, the relative rurality of the workplace did not affect the likelihood of experiencing or witnessing sexual harassment. The proportion of women in the workplace also did not significantly affect the incidence of experiencing; however it did influence whether sexual harassment was more likely to be witnessed (x! 3, N = 96 = 13.08, p = .004, with a small effect size, Ф=.369.) Respondents from workplaces with over 75% of women were significantly less likely to witness sexual harassment than those from workplaces with less than 191 25% women, (x! 1, N = 46 = 10.64) and workplaces with 25-50% women (x! 1, N = 49 = 7.37). Accordingly, one participant expressed her perception concerning the impact of few women employed in her workplace: I think the lower number of women in the workplace makes it more difficult because you have this skewed ratio. You might only get 50% women (at best)… and you would have less than that ratio agreeing with what you were saying. A less number would see the behaviour as insulting, I think (Environmental Scientist, 26 years, average-high rurality). “Public Offenders”- Copping Workplace Sexual Harassment by Members of the Public: Five respondents reported that they had experienced sexual harassment at work by a member of the public. Three of these people may be categorised as ‘professional’ in the above table, one in ‘mining’ and one in ‘hospitality.’ One of the ‘professional’ participants described particularly difficult interactions with some farmers in the course of her day-to-day work: We also work with farmers, industry people - rough and blokey and isolated. They will stare and leer and when that has happened my male colleagues will call it. So there are elements of that in the workplace but not in the direct circle of colleagues (Senior Manager in Public Service, 53 years, average rurality). Rural nurses are particularly vulnerable to experiencing sexualised behaviour by patients in the course of their work. When asked whether she had been subject to obscene gestures in the workplace nurse from a remote South Australian community replied ‘only from the patients’ and elaborated as follows: Oh well, you’re always getting demented old men trying to do disgusting things to you. (Laughs) 192 Talking about what they’re going to do to you. (30 years, high rurality). The same respondent was later asked whether she had experienced unwanted physical touching at work and she replied: Oh, it would only be like patients who grab your arse or something. (Laughs). I normally smack their hand and tell them to piss off. (Laughs) Probably more professionally than that, but… you just tell them it’s inappropriate, you know. A senior nurse who had worked in various central Australian hospitals was also asked whether she had encountered obscene gestures in the workplace. She also mentioned the difficulty of patient behaviour in this context: The Indigenous men are quite- it’s a bit of a shame job to be indecent. Normally they wouldn’t behave that way but when they’re drunk it’s a bit of a show-offey type thing to rip off their clothes. They tend to do that out bush or in Tennant Creek, quite often topless at least if not pants-less or whatever. So people that work in Emergency departments would see that a bit, yeah. (50 years, high rurality). “Dripping with it”- The Frequency of Sexually Permeated Environments Almost one half (46%) of the respondents believed that they worked in a sexually permeated environment. As explained in chapter five, these are workplaces ‘in which one sex is made to feel uncomfortable or excluded by the workplace environment, by, for example, persistent comments in a male- dominated workplace that women do not belong or by display of sexual material.’10 10 Australian Human Rights Commission (AHRC), Sexual Harassment (A Code in 193 Those who had experienced or witnessed harassment by multiple offenders (pack-on-one) were more likely to identify their workplaces in this way – just over three quarters of these participants did so, in fact. This finding is unsurprising, given that group offending can be seen as indicative of a sub- cultural normalisation of offensive behaviour.11 The degree of a participant’s rurality did not affect their perception of the workplace environment as being sexually permeated (or not). For instance, respondents in 49% of workplaces with high rurality reported that their workplace was sexually permeated. Comparatively, one third of respondents from workplaces with an average-low rurality and two thirds of respondents from the least remote areas reported their workplace as being sexually permeated. However as Table 8.2 (below) illustrates, the perception of a permeated environment was more likely to be present in certain occupations (x! 4, N = 84 = 21.56, p < .001, with a large effect size, Ф=.507) . Practice) (AHRC, (2004) 11 See, e.g., S Kirby, ‘Not in My Backyard — Sexual Harassment and Abuse in Sport’ 15(4), Canadian Women’s Studies 60. 194 Table 8.2: Proportion of people in different occupational categories who believe that their workplace is sexually permeated Sexually permeated environment (n) % Professional (n=17) 3 18 Agriculture/Horticulture 19 70 (n=27) Retail, hospitality and 4 22 fastfood (n=18) Mining (n=11) 9 82 Administration (11) 5 46 Indeed, those working in agriculture/horticulture occupations were significantly more likely to identify their workplace as ‘sexually permeated’ than those working in professional occupations (�! 1, � = 44 = 11.60) or those who employed in retail, hospitality and fast-food occupations ( �! 1, � = 45 = 10.02). A female shed hand highlighted some reasons why the agricultural industry is particularly prone to sexualisation: I think men are intimidated by strong, independent women but that this is particularly so in the bush. Culturally, you have the male battling the elements in the harsh environment with the woman by his side as he battles the environment with the little woman at his side. He was the iconic hero and she was his sidekick (Shed hand, 48 years, moderately rural). One participant, who identified as being of Indigenous background, worked packing zucchinis and squash in a relatively remote, on-site factory. When asked 195 whether she had encountered any rude jokes in her workplace, she explained that sexualised banter could gradually saturate workplace dynamics and affect the culture: Oh yes.. especially with a lot of young men because they would make jokes about women and what they are good for and that sort of thing. It only takes a few bad jokes to be told to change the whole culture. And I would deal with it in a similarly distasteful jokey manner! (21 years, average- high rurality). The mining industry was also likely to cultivate sexually permeated environments ( x! 1, N = 28 = 11.23) when compared to professional occupations and to retail, hospitality and fast-food. Ultimately, the saturation of sexualisation in the workplace may become so typical that its victims no longer react to its various manifestations. A female mining consultant described a culture in mining of ‘making you feel uncomfortable’: And I’ve even heard it said that women are bad luck underground. And there is a group or a generation of men who think that it is funny or entertaining to try and shock you underground. Or to make you feel uncomfortable (Mining environmental consultant, 38 years, high rurality). Another female environmental scientist working in the mining industry in Eastern Australia described ‘lewd pictures on display in the crib room’ and being stalked after work by a colleague. However, she considered the following incident to be the most unsettling: I sent around a few photos from a recent site that were showing- it’s a long story, but showing water coming down into the open cart and it wasn’t supposed to be there, but we sent the photos off to the geo tech in the (Northern)*∗ office and there was photos of me there bending over to take samples of water to be tested. And all he sent back * Note that the name of the office has been de-identified in this quotation. 196 was a message saying ‘Well, these are great shots of your arse at least’, and… I don’t know, I didn’t expect a reaction like that, I guess. (30 years, moderately rural). As a consequence of the sexualised culture, harassing behaviours may become so normative that victims gradually do not show a reaction as one woman explained: …it comes back to picking your battles. So if Joe Bloggs touched me on the chest or something like that then I might complain. But if you were going to complain every time someone stared at your chest, you would know that your credibility is being damaged and you also know that nothing is going to come of that. Because if they fired every bloke who stared at my chest they would have no staff left. It is as simple as that. So you remember to only kick up a stink over the things that really matter (Senior Environmental Manager in Mining, 28 years, high rurality). “You have to be a strong person” The Impact of the Proportion of Women on Sexually Permeated Workplace Environments: The proportion of women in the workplace was inversely correlated with the presence of a sexually permeated environment ( x! 3, N = 95 = 13.75, p = .003, with a small effect size, Ф=.38) (see Table 8.3 below). 197 Table 8.3: Number and percentage of women in workplaces with varying proportions of women who believe that their workplace is sexually permeated Proportion of women in the Sexually permeated workplace environment (n) % <25 (n=29) 21 72 25-50 (n=32) 14 44 50-75% (n=17) 7 41 >75% (n=17) 3 18 Those employed in workplaces with less than 25% of women were significantly more likely to report that they encountered this type of environment than those respondents employed in workplaces with more than 75% women (x! 1, N = 46 = 12.88.) For example, a South Australian jillaroo was shown a list of sexualised behaviours (ranging from the telling of rude jokes in the workplace through to sexual assault in the workplace) and was asked if she had encountered any of those behaviours. She looked at the list and said: I could probably just about say ‘yes’ for every single behaviour. And that is what I mean about having to be a strong person. I know they say nowadays that you don’t have to put up with it but sometimes it is how you- ah- it is the way that a person says something that is taken in the wrong context or it is sometimes taken too far beyond where a person meant to go. But I also know that it probably shouldn’t have been said in the first place. But if you react to it, it can get worse (Jillaroo/ agricultural contractor, 44 years, high rurality). 198 “Getting’ in on the Action..”- Individual v Group Offending: The majority of respondents had experienced or witnessed both ‘one-on-one’ and ‘group-on-one’ sexual harassment. However, there are some notable findings for each of these specific categories as outlined below. When asked ‘Was the sexual harassment one-on-one?’ 83% answered affirmatively. For example, a nurse from far northern Western Australia described a traumatic encounter that occurred in the course of her work. She recalled a time when (four months into her pregnancy) she was verbally harassed by a male patient whilst alone with him in a hospital bathroom. The unwelcome comments quickly transformed into physical assault, with the patient inappropriately touching the nurse’s body. The patient rapidly became violent as she asked him to stop and the participant described her sense of panic at not having someone with her to counteract the situation: I couldn’t get to the emergency buzzer because he was standing in front of it, but thankfully there was another nurse making the bed in the room next door and she heard me yell, and so she came and as he swung his arm back to punch me again she grabbed his arm and pinned it to the wall and I whipped out the door… I just ended up with a bloody nose and he put my tooth through my lip. And he punched me in the guts a few time but it hadn’t, like, had any effect on the baby or anything like that. (Registered nurse, 30 years, moderate- high rurality). However, in the context of inevitable sexualised treatment, some women expressed a ‘preference’ for being harassed in the public workplace rather than in the private domain: Put it this way, I… if it’s… it probably sounds weird but I’d probably feel more comfortable if it is in the workplace than if it’s not, because if it’s in what I call my private space I definitely feel a bit more vulnerable. For example if we were working in the shearing shed, the shearers would 199 often tell dirty jokes or talk about how people… yeah, it just doesn’t worry me, it’s just water off a duck’s back. (Jillaroo, late twenties, high rurality). As shown in Figure 8.1 (below), there was a correlation between occupation and the incidence of one-on-one harassment (Fisher’s = 4, N = 85 = 13.76, p = .003). Those working in agriculture/horticulture were significantly more likely to indicate that one-on-one sexual harassment was a workplace characteristic, than were respondents from retail, hospitality and fast-food workplaces (x! 1, N = 47 = 13.25). The female manager of a remote grainary furtively whispered a representative statement of this possible epidemic in agriculture/ horticulture: …the boss did tell me that I wasn’t allowed to tell ya, but he pats me on the bum all the time... (Office manager at grainary, 53 years, moderate- high rurality). Figure 8.1: Occupational Grouping by One-on-One Sexual Harassment There were no significant differences across the other occupational groupings of the likelihood of sexual harassment being one-on-one behaviour. The relative 200 degree of rurality and the occurrence of one-on-one sexual harassment were also not significantly related. This nature of harassment was encountered by 86% of respondents from the most remote areas, 88% of those from average to high, 92% of the average rurality workplaces, 56% of average to low and by 100% of participants employed in areas designated as being low rurality. “Gangin’ up on ‘er ..”- Sexual Harassment in a Pack: Of the 96 respondents who were asked the question ‘’Did the sexual harassment come from a pack of people?’, 53% responded affirmatively. One woman worked on a ferry wharf with predominantly male colleagues. She talked about how men seemed to behave more badly when in a group than as individuals: On the wharf itself there are mainly men. And the men were all matey and stuff but they crossed the line a couple of times and made sexual jokes about me or my looks and I felt a bit violated. Mostly it would be down at the wharf when they were all in a group. If there was only one of them you didn’t get that so much at all- but if you are one girl and there is a group of men- yeah. It is just when they get together and that whole mentality. .. And this is just men giving me crap in a group (25 years, moderate rurality). Group verbal behaviour could certainly be crass: The boys were- oh- I am just trying to think- they were talking about anal sex, as such?... They are not so much directed at myself but the boys were…they were talking about anal sex, as such? (Administrative assistant, 32 years, moderate rurality). “Nil Effects?” Variations and Group Harassment: There was no significant variation in the occurrence of this type of harassment and the victim’s level of education, relative seniority or age. In addition, the relative rurality of the workplace was not significant, with pack behaviour taking 201 place in 58% of workplaces with a high degree of rurality, 59% of sites with average to high rurality, 60% of workplaces with average rurality, 25% of workplaces with average to low rurality and 67% of workplaces with low level rurality. As with one-on-one harassment, those employed in agriculture/horticulture were significantly more likely (86%) to have experienced group harassment than those in professional occupations (12.5%), (x! 1, N = 45 = 23.34) or compared to workers in retail, hospitality and fast-food (x! 1, N = 47 = 19.24). This is shown in Figure 8.2 below: Figure 8.2: Did the Sexual Harassment Involve Pack-on-One Behaviour, by Occupation A fruit picker from Queensland spoke of group harassment as being a relative norm in her daily work and described her personal coping mechanisms: I think I still accept that that is the culture so to speak and I don’t find that personally- this is gunna sound bad- but I don’t have much respect for the people in those situations 202 anyway so I have never lost power from it. I just think ‘you dickheads, how sad!’ So silly on one hand, but also nothing on the other hand. (29 years, high rurality). The following extract from an interview with a jillaroo provides some further insight into the impact of sexualised group behaviour in the workplace. She, like other respondents in the agriculture/ horticulture category, identified this behaviour as being inappropriate but particularly juvenile: … I mean, it is demeaning because to be blunt, often a lot of the workers in the rural industry aren’t necessarily all that intelligent. And without being snobby or pretentious, you actually feel that you are a little bit above it in a way. I mean, in the Northern Territory the joke used to be that they were all on the run from something! (25 years, high rurality). Respondents from mining workplaces were also significantly more likely to have experienced group-type sexual harassment, with 91% responding affirmatively when asked whether they had encountered this behaviour. This was comparable to those from professional occupations ( x! 1, N = 27 = 16.23) and retail, hospitality and fast-food occupations (22%) (x! 1, N = 29 = 12.90) as shown in Figure 8.3 below: 203 Figure 8.3: Sexual Harassment as Pack Behaviour, by Occupation A number of comments from women in mining which, when pieced together, served to form a jigsaw image of the extensive and alarming nature of pack behaviour in that industry. For example: (Comments were made) about being a female in a predominantly male workplace. Or how you might fit into your uniform. Or really ridiculous things about needing a bathroom break around men. And if you are wearing overalls you have to kind of take them off to go to the toilet whereas a man doesn’t. So you need a bit of privacy. And that’s sometimes hard to come by. And also, I’ve participated a lot with Mines Rescue. And, you have to get changed in and out of uniforms and bits of apparatus and that can become really open forum for sexual comments if you’re the only girl (Mining Consultant, 38 years, high rurality). Furthermore, it was common for women in mining to allude to their reluctance about ‘making a fuss’ in response to sexual behaviour of this nature: … I consider it inappropriate but if I spoke up every time, they wouldn’t take me seriously and it would be like crying wolf all the time. In a way I reserve that complaint process so as not to waste my ammunition. (Senior Mining Manager (Environmental Consulting) 28 years, high rurality). 204 As represented in Figure 8.4 below, the other variable that positively correlated with group-harassment was the proportion of women in the workplace: Figure 8.4 Proportion of Women in Workplace by Pack Behaviour As expected from the occupations identified above that were likely to have group harassment, respondents from workplaces with low numbers of women were significantly more likely to encounter this type of behaviour (x! 1, N = 45 = 20.86). ‘Gropes and Jokes…’ Types of Sexual Harassment: The most common type of sexual harassment experienced by 73% of respondents was verbal (that is, rude or insulting comments of a sexualised nature). Other frequently experienced forms of harassment were obscene gestures (53%), bullying (47%), pornography (37%) and physical (29%). This 205 order of frequency was very similar for both group-on-one and one-on-one harassment. Table 8.4 (below) does show, however, that all manifestations of sexual harassment were more common with group behaviour than with one-on- one harassment. The largest variation was in presence of pornography: it was present in 66% of workplaces in which pack sexual harassment was a problem, as opposed to being identified in only 37% of workplaces in which one-on-one harassment was experienced. Table 8.4: Number/ Percentage of Different Types of Sexual Harassment (Comparing Situations Where the Offender(s) are in a Pack or are Operating Individually) Pack-on-one One-on-one N % N % Pornography 31 66 46 37 Verbal 50 98 71 88 Obscene gestures 36 82 52 70 Bullying 28 64 42 58 Physical 20 44 29 39 One participant described the range of behaviour perpetrated by a pack of male colleagues on the remote cattle station on which she worked: …it can just be unpleasant remarks about your appearance or something. Or they might grab something off you or something and just touch your hand at the same time. Or you’re just in the same room as them and you just don’t like that feeling. You think, ‘Ooh, I feel really tense just by being here’ (Jillaroo, 28, high rurality). 206 “Up Yours!”- Obscene Gestures: There was no significant variation in responses to the question of whether obscene gestures were encountered in the workplace. Statistically, 53% of respondents from ‘highly rural’ workplaces indicated that they had been subject to obscene gestures in the workplace; 72% of participants in the ‘average to highly rural’ category answered affirmatively; 64% of those working within an ‘average’ rurality had been exposed to this behaviour; 33% of those in the ‘average to low’ category and all three respondents from low rurality locations had experienced obscene gestures. As with the other types of sexual harassment, the respondent’s occupation does appear to influence whether such obscene gestures were a part of the workplace (x! 4, N = 81 = 12.85, p = .012, with a medium effect size, Ф=.12). Again, those who worked in agriculture/horticulture occupations were significantly more likely to have experienced or witnessed sexual harassment from obscene gestures (three quarters) than those employed within retail, hospitality and fast- food occupations (x! 1, N = 44 = 8.68). Those participants within the mining industry were also more likely to have encountered obscene gestures, with 90% (x! 1, N = 28 = 8.02) having indicated that this was a workplace commonality. One female mining engineer had formerly worked as a jillaroo on various cattle stations in northern Australia. She was asked whether she had encountered obscene gestures in either industry and indicated that she had in both occupations. In the following quote she spoke specifically of the obscenities that were common in her time as a jillaroo: 207 Yeah- the obscene gestures or comments, especially in the early days of my job. They were only really looking for a reaction I think. They would just make finger gestures and that type of thing.. (20s, high rurality). “Spreading it…” Pornography in the Workplace: The correlation between the prevalence of pornography and certain occupations was similar to that discovered for other forms of sexual harassment above (x! 4, N = 85 = 42.82, p < .001, with a large effect size, Ф=.71). Sixty-nine percent of agriculture/horticulture respondents reported having been exposed to pornography, as compared to none of the professional employees (x! 1, N = 44 = 21.09) and only 5% of those working in retail, hospitality or fast-food (x! 1, N = 45 = 18.41.). One farmhand talked about the type of pornography she commonly saw at work and how she did not respond in an active way to its presence: Ah.. yes. The women were always very well endowed and the bikini bottoms were barely there. I suppose I felt a degree of discomfort about the pictures. It was a bit like the rude jokes. I wasn’t really game enough to say anything about the pictures (20s, high rurality). Pornography was also far more prevalent in mining occupations (91%) as compared to the professional occupations (x! 1, N = 29 = 24.98) and retail, hospitality, fast-food (x! 1, N = 30 = 22.01). One respondent was somewhat apologetic in expressing her feelings of discomfort about the presence of pornography in her workplace: Yeah.. that stuff always makes me feel uncomfortable. Some of the other women- you know, they might have experienced that a lot more so they didn’t really worry or they weren’t embarrassed. (Age 27, Mining Manager). 208 Another respondent described her feelings of ambivalence towards its presence: ...So if you go into someone’s office you’ll always see nudie pictures on the wall…and calendars and that sort of thing. You will always see that sort of thing…Yeah. I mean, it doesn’t offend me, but they are still there… But I will go into a lunchroom and there will be magazines in a stack. You’ll go in the car and they will be chucked under the seat. But it is not very nice when you go into an office and there is a picture of a fully naked woman as the calendar... it makes me feel that it is very hard for a woman to work in the workplace, which I find disappointing (Mining consultant, 28 years, high rurality). Further, professionals were significantly less likely to have experienced or witnessed pornographic sexual harassment than those employed as administrators ( x! 1, N = 29 = 9.89) . An office administrator based in central Australia spoke of the ‘pin-ups’ that were displayed in the workplace, which she ran with her husband: Yes there would always be a couple of pin-ups. They would have magazines out in the smoko room and in the office where customers couldn’t see them. And my husband had a rude screen saver too. But usually customers didn’t go out there. There were no shortage of rude pictures! And definitely around the smoko table they would do some sharing of pretty obscene pictures. That would be pretty much every day. (45 years, low-moderate rurality). As Table 8.5 (below) displays, respondents from workplaces with less than 25% of women were significantly more likely to have been exposed to pornography in their workplaces than those employed in either workplaces with 50-75% of women (x! 1, N = 45 = 8.01) or more than 75% women (x! 1, N = 46 = 17.19). 209 Table 8.5: Proportion of Women in the Workplace and Exposure to Pornography Proportion of women in the Exposed to Pornography in workplace the Workplace (n) % <25 (n=29) 20 69 25-50 (n=31) 11 36 50-75% (n=16) 4 25 >75% (n=17) 1 6 “Just Joshin With Ya’..”- Verbal Harassment: As explained by one respondent, verbal forms of sexual harassment are a normal part of the daily working experience for many rural employees: With the rude jokes though, it is something that is quite familiar. They occur reasonably regularly and sometimes the jokes are taken a little bit too far. I personally don’t get offended by them, but I know that they can cause offence to other people. And they are probably just taking something that is a little bit rude just a little too far and just not judging the audience well in a workplace situation. (Age 31, Environmental Operations Manager). As with other types of sexual harassment, there was a correlation between occupational type and the manifestation of verbal forms of sexual harassment (Fisher’s = 4, N = 88 = 12.54, p = .01 ). Once again, those working in agriculture/horticulture experienced or witnessed verbal sexual harassment more frequently than those employed in retail, hospitality, fast-food (x! 1, N = 48 = 8.63). 210 One participant was asked why she thought verbal sexual harassment is rife in the rural workplace today: I think it is unchallenged behaviour. They think they have toned it down so it is still OK to have the jokes as part of the culture (Forrester, 53 years, average rurality). Unlike the other types of sexual harassment though, the frequency of verbal manifestation was more likely to vary based on degree of rurality (Fisher’s 4, N = 101 = 8.932, Fisher′s = .048). Workplaces that were highly rural were more prone to verbal sexual harassment than workplaces designated as average- low rurality (x! 1, N = 67 = 9.24). One participant described the complexities of navigating male colleagues in a workplace which required camping out in isolated areas together: You had to camp where you worked and while you had a shower they would call stuff out. And there was a sleazy boss…getting into your personal space. And just after you have a few beers there would be more getting into your personal space. They don’t actually do anything physical but just derogatory comments. And you would get that from the farmers too (Grainary worker, 28 years, high rurality). Verbal harassment occurred more frequently in workplaces where females only made up a quarter of staff, compared to workplaces with more than 75% women (x! 1, N = 48 = 11.82)—in fact, this ratio was 90% as opposed to 44%, respectively. As with the other types of harassment, respondents described how the behaviours became expected and therefore not to be overtly offended by: Yes, it is kind of like if you are in a mine site or another male dominated environment, it is expected of you that you will put up with swearing. And that is the way it is. But further detail to that is that the ‘f-word’ is completely acceptable and you will put up with that regardless, but the unwritten rule is that the ‘c-word’ is a further level that you 211 won’t go to or that the men won’t go to in the presence of a female. So there is a level of acceptance about swearing. But there is still a line. And it is the same with rude jokes: that on a mine site rude jokes are considered normal and acceptable to a point but if you cross from the f-word to the c-word that is not acceptable. So the c-word is an example of how you can go so far but there is a line (Senior management- environmental manager mines, 28 years, high rurality). Furthermore, unlike the other types of sexual harassment, participants in middle management were significantly more likely to report exposure to verbal sexual harassment than senior managers were (x! 1, N = 37 = 6.43). There were no differences in the likelihood of experiencing verbal sexual harassment between those in junior roles and middle management, or between respondents in junior roles and those who were senior managers. “You Know You Love It…”- Physical Sexual Harassment: Figure 8.5 (below) illustrates that (consistent with the other manifestations of harassment), workers in retail, hospitality and fast-food were less likely to have encountered physical sexual harassment than were those working in agriculture/horticulture (x! 1, N = 44 = 8.71) or in mining (x! 1, N = 29 = 7.99). 212 Figure 8.5: Physical Sexual Harassment by Occupational Grouping The relative proportion of women in the workplace did not have an effect on frequency: 37% of participants from workplaces with less than 25% women had encountered physical harassment in the workplace; 23% of those in workplaces with 25-50% women had experienced this, 41% of respondents from workplaces with 50-75% women and 24% of workplaces with greater than 75% women. Discussion: Women as Outsiders The findings in this chapter generally confirm the hypothesis that male dominated workplace environments are likely to be permeated with sexual harassment. This is consistent with the theoretical premise that men may indeed perpetuate ‘women’s status as “outsiders” by sexualizing the workplace’. 12 Certainly such sexual permeation has been found in occupations such as the 12 Martin and Jurik, above n 2, 72.. 213 military, which until recently has employed relatively few female staff. Accordingly, the results of this research indicate that whilst sexual harassment was fairly common in all of the rural workplaces included in the sample, workplaces with a lower proportion of women (and therefore presumably a more male-defined culture) had a higher frequency of harassment behaviours. Similarly those employed in occupations that were saturated with an exclusively or predominantly male culture were more likely to have experienced or witnessed all types of sexual harassment. Not only was there a high frequency of experiencing and witnessing sexual harassment in the male-dominated agricultural/ horticultural and mining occupations, but various manifestations of that harassment were also more likely to be reported in those categories. It was also expected that the relative degree of rurality of participants’ workplaces would correlate with the frequency of the sexual harassment experience. This was largely based on the premise that the more remote a workplace was, the more likely that it would be a male-dominated operation. However, except for the frequency of verbal harassment (which occurred most commonly in locations designated as being highly rural), there was no emergent link between degree of remoteness and the frequency of sexual harassment. It is, of course, possible that this is an anomaly or is perhaps a consequence of the cohort itself. For example, many of the most remotely based interviewees were 214 professionals and (as discussed in chapter seven), this occupational grouping tended to have excellent sexual harassment policies which might serve to limit sexually harassing behaviours. However, research also shows that whilst mining is statistically more likely to have sexual harassment policies than agriculturalists, those working in the mining industry are amongst the most at risk for sexually permeated work environments, group offending behaviour and one-on-one harassment. 13 It was anticipated that there would be a higher incidence of sexual harassment by multiple offenders if sexual harassment had become a normalised part of the workplace environment. Consistent with this hypothesis and unsurprisingly, this research was indicative of a higher incidence of pack-on-one sexualised behaviour in occupations that are traditionally masculine (such as agriculture and mining) and in workplaces with a relatively low proportion of women. Although individually perpetrated sexual harassment was the more common form of offending overall, pack-on-one sexual harassment was more likely to include a range of types of harassing behaviours. Certainly it is also true to say that pack-type sexual harassment can be seen as reflecting a certain workplace mentality, which normalises different sexualised manifestations from verbal 13 Skye Saunders and Patricia Easteal, . ‘“Fit in or F#$@ Off!”: The (Non) Reporting of Sexual Harassment in Rural Workplaces’ (Paper presented at the Second National Rural Regional Law and Justice Conference Coffs Harbour, May 2012). Published in International Journal of Rural Law and Policy (special ed) http://epress.lib.uts.edu.au/journals/index.php/ijrlp/article/view/3127. . 215 harassment, to obscene gestures, to pornography. Similarly, this could be a reflection of a predominant masculine sub-culture. Faced with such entrenched masculine cultural norms and behaviours, women in workplaces such as mining and agriculture tend to use survival techniques for their day-to-day workplace existence. These coping mechanisms are further explored further in the next chapter, called ‘Stripping off the Layers!’- The Day-to- Day Survival of Rural Women at Work. Recommendations and conclusions arising from this chapter will be further explored in chapters ten and eleven. 216 CHAPTER 9 ‘Stripping Off the Layers …’ Sexual Harassment ‘Survival’ Behaviours in Rural Australian Workplaces1 Introduction As explored in chapter five, it is not uncommon for sexual assault victims and those who survive domestic violence to respond to the violence with feelings of shame/blame, minimization and denial. It is also relatively common for some friends, family and community members to misguidedly allocate blame to the victim for their own experience of gendered harm.2 In the course of blaming the victim, individuals serve to trivialise and minimise the seriousness of the sexualized behaviour in a form of individual3 or community denial.4 In the course of the above social processes, the victims or targets of violence often have no choice but to normalise ‘bizarre’ and abusive actions. 1 The findings in this chapter appear in Skye Saunders and Patricia Easteal, ‘“I Just Think It All Comes Down to How the Girl Behaves — as to How She is Treated”: Sexual Harassment “Survival” Behaviours and Workplace Thinking In Rural Australia’, in P Easteal (ed) Justice Connections (Cambridge Publications, 2013) 106. 2 See, eg, Patricia Easteal Voices of the Survivors (Melbourne: Spinifex Press, 1994); Patricia Easteal, Less Than Equal (Butterworths, 2001). 3 Karin V Rhodes and Wendy Levinson ‘Interventions for Intimate Partner Violence Against Women Clinical Applications’ (2003) 289(5) Journal of the American Medical Association 601. 4 Linda McKie Families, Violence and Social Change (England: Open University Press, 2005) 152. 217 The view of ‘women as other’5 in the bush also necessitates the implementation of survival mechanisms for rural women. This is consistent with the bush culture that thrives on ‘segregating and ridiculing women, and stereotyping them as an inferior group,’ which ‘builds the bonds of mateship and strengthens the masculine identity of men.’6 In this context, this chapter examines the degree to which the rural respondents place the responsibility for sexual harassment on the victims, thereby minimising the impact of the harm. This chapter also explores the general attitudes towards sexual harassment in rural workplaces, including the responses of other women in the workplace towards the harassment victim - ('She just keeps asking for it!’), the impact of feeling responsible for sexual harassment (‘Saying 'no' makes me feel guilty'); the impact of minimisation ('If you make a fuss you are just a big idiot'); and denial. The chapter finally investigates whether there are differences in ‘survival’ behaviours, depending upon the occupation, degree of rurality, gender ratios, the age, seniority and/or education of the respondents. 5 Schaffer Kay, Women and the Bush (Forces of Desire in the Australian Cultural Tradition) Cambridge University Press 1988 13-14. 6 Kenneth Dempsey, ‘Chapter 8: Mateship in Country Towns’, in Carroll John (ed) Intruders in the Bush: The Australian Quest for Identity (Oxford University Press, 1982) 131. . 218 “You know what she’s like..” Blaming the Sexual Harassment Victim: More than one woman spoke about her own feelings of self- blame for her experiences of sexual harassment in the rural workplace. For example, a primary-school teacher in a small NT town said: Sometimes I have felt some of the things that I have talked about were my own fault. You know how it is when someone is talking in a really friendly way- and you are all getting on in a really friendly way and then the talk degenerates. Or maybe you have been part of a discussion that has been a little bit questionable in nature. Maybe you have been talking to another lady and someone comes along and assumes that it is open slather for them to be involved too. And if they are in a senior position to you and you are like me, you just try to pass it off and diffuse and finish it. The problem is, sometimes it works and sometimes it doesn’t. (Teacher, aged 48, average ruality). An office administrator in a Western Australian rural community raised concerns about women generally not setting appropriately clear ‘standards’ for men in the context of sexual harassment. She saw the absence of ‘standards’ and a girl’s behaviour as critical to the type of ‘treatment’ that they might expect to receive: I feel- you know- we hear all about sexual harassment and things like that- but I also think that the female working in a male dominated business or area or whatever the situation may be- well, I think she has to set some standards herself and not just expect the men to come up to a standard. She has to set a standard for them to meet, if you understand what I am saying. So if she comes in all sort of ‘rah-di-rah’ and you know, a fair bit of language, the men aren’t going to have any boundaries. You have to set those boundaries by the way you are yourself. So that is just something that I feel is quite important… I just think that it all comes down to how the girl behaves. As to how she is treated (Office administrator, aged 50, average rurality). 219 Other respondents shared the view that the responsibility for sexual harassment sits at least partly with the victim. Of the 62 employee respondents, 60% believed that a woman contributes to her own violence. Women were frequently perceived as blameworthy because of their provocative behaviour, with references to promiscuous behaviour and clothing attire being commonly cited for the attribution of victim-blame. One woman indicated that she had not experienced unwanted staring or leering in the workplace, mentioning that she had not done anything to invite that: Not really, hey. I have been really lucky. And I dress very- I am not promiscuous or anything like that. But I know friends who have that happen. (Aged 30, Livestock Manager, high rurality). A 32 year old nurse from Central Australia spoke in a similar vein: I am absolutely not at all blaming someone who is the recipient of sexual harassment but I am someone who wears baggy clothes, who is pretty modest and I don’t encourage jokes or you know, forward emails or entertain anything that might – oh, I sound awful- but I am careful of what I say and if I have too much to drink I will go home. So I send out a conservative, boring signal that would show that it would not be welcome behaviour. A personal friend came out to (small NT rural town name) and she is attractive and funny and she got into an unpleasant situation with a male nurse who became besotted to the point where she was being stalked and he was knocking on her door at midnight. So it doesn’t always work in people’s favour. (High rurality). Another woman from Western Australia also referenced clothing choice as potentially inviting incidents of sexual harassment: I honestly don’t know, but I think it really comes down to how you react and how you conduct yourself, as to how people are going to react to you, a lot of it. You know, if you are going to walk around in mini skirts and you know, with half ya boobs hangin’ out in front of you know, truck 220 drivers and things like that- and if you don’t expect to get comments from them in your dressing behaviour for example- then you’re an absolute fool! (Granary employee, aged 52 years, average rurality). This categorisation of a woman as a ‘fool’ for conducting herself in such a way that might 'invite’ sexual harassment was referred to by other women in response to questions about barriers preventing women from reporting incidents of sexual harassment: ..the community might be perceived as thinking that she is a trouble maker. So people will think she bloody well asked for it. (Environmental Scientist, aged 30 years, high rurality). Many women used words such as ‘trouble maker’ in speaking of the complexities in a woman’s character that might compel a small community to blame her for her own harassment. A number of women cited being a single woman- particularly a single mother- as a cause for community alarm: ...in a rural community if you are a single mother, there is a perception that a single woman with a child is more likely to lose their moral code than just about anyone. When single mothers live in the bush they need to battle the quick assumption that ‘she invited it’ or ‘watch that one’. So in terms of the rural community supporting single mothers who are vulnerable to this sort of thing, I don’t think this happens because they are seen as a threat to their own marriages. That makes life so hard and it makes you incredibly wary. (Shed-hand, moderate-high rurality, aged 38 years). Women working in more male dominated environments such as a grainary (with less than 25% of women) were significantly more likely to believe that women contribute to their own victimisation than participants in workplaces of 25-50% women, �! 1, � = 52 = 10.19, and participants in workplaces of over 75% 221 women �! 1, � = 37 = 11.16. Table 9.1 demonstrates this finding: Table 9.1: Proportion of women in the workplace and responses to question of whether respondent believes that women contribute to their own victimisation Proportion of women in the workplace Yes No <25 (n=25) 92 8 25-50 (n=27) 52 48 50-75% (n=14) 57 43 >75% (n=12) 42 58 Some women in occupations with token females conceded, however, that it was not always the victim’s fault: Quite often you could not take responsibility for the way that a conversation turns out, though. I think that whole creep phenomenon is really important to consider. (Senior Manager in Mining, high rurality, female, aged 42 years). The belief that women contribute to acts of sexual harassment against them was also related to the participants’ occupation (χ2= 4, N = 70 = 15.13, p = .004) as shown in Figure 9.1: 222 Figure 9.1: Occupation and belief that women contribute to their own victimisation Those employed in agriculture/horticulture professions (21 of 24) were significantly more likely to believe that women contribute to their own victimisation than the five of 14 professionals ( x! 1, N = 38 = 10.98) and the five of 13 in retail/hospitality/fastfood occupations (x! 1, N = 37 = 9.71). “Just ignore him and get on with it.. he’ll stop if you don’t react!” Employer Attitudes Towards Sexual Harassment Complainants Startlingly, 83% of 18 employer respondents believed that a woman contributes to her own victimisation. For example, one agricultural employer spoke of her strategy of reframing harassment complaints, putting the focus on the targets’ responses: I would say to them that they need to learn to cope with it. You just need to be cut out for it and some girls are obviously not…Yeah, people often ask me what it is about me that makes me able to handle men. You need to be assertive but not aggressive. If you are aggressive you just hear ‘em say “Geez, she is a cranky bitch”. If you are just 223 assertive they will take your shit and make friends with you. You just need to show ‘em you are not a weak little girl who needs looking after. (Senior Manager, Grainary, high rurality). One female business owner from Western Australia was also asked how she might respond to a sexual harassment complaint. She said: ...one of my priorities would be ‘let’s just get back to work’. If it was just a comment here and there I think I would- no I know I would just let it go. If someone was really offended or if it took a- well, I guess it is hard to say about what I’d do if it took a worse tone. Because I know I’m a little bit- well, I guess a bit thick-skinned. (Director of Environmental Consultancy (Mining), aged 38 years, high rurality). A female employer from a male dominated environment recalled a situation where an employee approached her with a complaint about offensive office conversation. The female employer utilised that opportunity to address the female complainant’s choice of clothing: I do remember one occasion where I had an employee who I did have to talk to about how she dressed for work. And she had come to me a little bit offended about some conversation in the office. (Senior Mining Consultant, high rurality, aged 38 years). ‘The Porn Offensive’- Feeling Guilty About Exposure to Pornography in the Workplace: There was also a tendency for some women to blame themselves for finding pornography offensive. One participant was asked about how she felt about the presence of the ‘dick mags’ that she had identified as being prevalent on the cattle station: 224 Oh I was usually pretty disgusted I guess. I was a pretty uptight sort of a person…Like I shouldn’t judge myself for my reaction, but I wasn’t particularly open to all that.” (Jillaroo, aged 28, high rurality). A mature-aged Rangeland Manager mentioned both her experience of exposure to pornography in the workplace and her own depression in the same comment: Definitely porn. Females in extremely strange and different positions. Extremely naked. There have also been emails that the person sitting in front of me has opened like that and I was in the depths of depression at the time. (Rangeland Manager, 50 years, high level rurality). A female senior winemaker from South Australia made a number of references to her belief that women, including her own self, contribute to acts of sexual harassment. Asked about her response to receiving sexually explicit emails from a colleague, she said: Yes, it was revolting. I suppose in the most obvious way. I would get emails all the time to my home account. I felt very inadequate because as I said, we have had all this training and I still felt that I had done something wrong in the first place. I never took it any further because I didn’t want to upset anyone in the community. This guy was married. It would have been terrible if the community had known- a married man with kids. (Moderate- high level rurality, aged 48 years). This participant further defended the propensity for sexual harassment by male employees by highlighting that sometimes women are the inflictors of the behaviour: Yes, people have complained to me about innuendo or direct sleazy jokes. In the vineyards there were some women who would talk about sex all the time, though. And even young guys were scared of these women, too. A female employer was asked about her response to the display of pornography in the workplace when she mentioned that it was ‘on the office walls, in the 225 workshop, in tool boxes- the lids of tool boxes.. and in our seed containers’: It doesn’t bother me at all.. I would ask them to stop if it were taking up a lot of their time and distracting them from doing their work more-so than because of the content of the material.. so my concerns would be more productivity based rather than because people were looking at sexual material. (Director of Environmental Consultancy (Mining), aged 38 years, high rurality). Other Variables in Victim-Blaming The only other significant variable was age (χ2= 4, N = 78 = 12.18, p = .0160). Table 9.2 shows that only one of the eight respondents under the age of 20 believed that women contribute to their own victimisation: Table 9.2: Do respondents of different ages believe that women contribute to their own victimisation Age of employee Do they believe that women contribute to their own victimisation? Yes No <20 (n=8) 13 87 21-25 (n=16) 75 25 26-35 (n=29) 69 31 36-45 (n=11) 82 18 >46 (n=14) 57 43 A 19-year-old female sandwich maker from Western Australia spoke vehemently about the need to put a stop to sexually harassing text messages: 226 I told them to back off and all it took was the one firm message and there was no problem at all. I was clear that the feelings were just not reciprocated. (Low-moderately rural). Another 19-year-old woman who worked in a hardware store spoke about how her male colleagues were ‘misguided’ in their behaviour: Um, looking back at it now I think it was one of those things where they really misguidedly thought that people were going to be impressed by their behaviour. (Hardware store assistant, low-moderately rural). “It wasn’t really all that serious..” Minimising and Normalising Sexual Harassment: The interview instrument included a question about how sexual harassment made the respondent feel. There was a low response rate to this query: 45 of the 75 who did reply expressed a ‘serious’ response. The remaining 30 minimised the significance of the sexual harassment. For instance, one woman explained why ‘it didn’t bother’ her: It’s everywhere. You know, screensavers, magazines lying around in crib rooms or on the floors. I know where all the hidey places are! At the end of the day, though, I would rather them look at magazines than me, so it doesn’t bother me. (Electrical engineer, aged 30, high rurality). Other women conveyed nonchalance towards the display of pornography, minimising it is as a form of harm: I see that as kind of harmless. Maybe it’s just cos I’ve grown up with… I don’t know, even Dad had a calendar like that in his shed that nobody ever saw unless you walked in to get the mower or something. (Environmental Scientist, aged 30 years, high rurality). 227 Fifty-four respondents commented on why they feel that people engaged in sexual harassment, of which two thirds minimised its significance. A 26 year old jillaroo indicated that she sometimes even feels angry about the focus on sexual harassment as a gendered harm: I get really frustrated when there’s this big thing about ‘oh, guys are just pigs and they’re feral and there is so much sexual harassment from them.’ And I sometimes feel that there’s just as much from a woman to a man sometimes in the sense of, not sexual harassment so much, but cutting down who they are as a man. But that’s not really talked about because it’s really hard to put on paper or define, but women do harass men too. (High rurality). The 18 respondents who appeared to appreciate the seriousness tended to mention ‘power’ in their reasoning. Professionals were more likely to see sexual harassment as a serious concern (5:6), as compared to 2:20 agriculturalists, 2:5 retail assistants, half of those in mining and none of the three working in administrative positions. Accordingly, a Livestock Agency Officer stated: ‘I just don’t think people take it seriously out here.’ (Female, aged 30, average rurality). Similarly, a young public servant said: ‘It’s probably an unconscious sort of thing, but yeah, I probably treat things as a joke generally. That’s probably my personality as well. I don’t want to make a fuss of something.’ (Female, aged 26, moderate rurality). In responding to the same question, another young Environmental Consultant spoke of sexual harassment generally in her community: 228 It was all generally done in a light-hearted way but I feel that Kalgoorlie has a culture which makes it acceptable here to do things that you certainly wouldn’t elsewhere. It is completely different as a workplace environment. (Aged 26, Moderate- high level rurality). As illustrated in Table 9.3 (below), employers were more likely to minimise the reasons for sexual harassment than employees (χ2= 1, N = 54 = 4.34, p = .037; however the effect size was small, Φ = -.28). Table 9.3: Do employers and employees minimise SH or appreciate its seriousness? Do people minimise or Minimise Recognise understand the seriousness of seriousness why people sexually harass? N % N % Employees 25 59.5 17 40.5 Employers 11 92 1 8 The following comment from a grainary manager is illustrative of a management perspective that minimises and normalises the behaviours as part of the culture: Yes, I have had complaints from the girls at the grain stand. Like they might say ‘that truck driver has just sworn at me’ and I might have to remind ‘em that they were made aware of it when they took on the role. But it is just not easy for me to change the workplace behaviour itself. That is a whole other thing and you can’t just change the behaviour like that…(Aged 26 years, high level rurality). 229 Figure 9.2 indicates that participants who believed that women contribute to their own victimisation were also likely to minimise the reasons why people sexually harass (χ2= 1, N = 46 = 5.72, p = .017, with a moderate effect size, Φ = -.35). Figure 9.2: Beliefs about why people sexually harass by a belief that women contribute to their own victimisation The words of a female manager in the trucking industry reflect this combination of victim-blaming and minimising: But if you work in rural Australia in a male dominated environment people like the drivers and farmers just think that it is normal and OK to make a dirty joke. Like, especially about your appearance… Like, if you are butch for example, you would hear lots of comments about what you get up to and what you look like. You either learn to handle it and fire it back at ‘em like me or, you don’t. I know that the guys don’t mean it as being distasteful. (Aged 28, high level rurality). In another interview, a Rangeland Manager blamed her own dress style for unwanted staring or leering: …but that is probably my fault. You can see how I am dressed this morning. I never do my top buttons up…it is probably not being particularly careful either. But I have 230 never dressed any different so… yeah. (Rangeland Manager, 50 years, high level rurality). “It’s All A Bloody Big Boy’s Club Out Here” Sexual Harassment as Blokey Behaviour: A part of the minimising or normalising ethos seems to be an attitude about sexual harassment that it is just ‘boys being boys.’ Of the 70 who responded to the question ‘Do you regard sexual harassment as just ‘boys being boys’?’, 50 (71%) answered affirmatively. There were no significant differences based on age, employer/employee, seniority, education, marital status or degree of rurality. The type of workplace, as shown in Figure 9.3, had a moderate effect (χ2= 4, N = 60 = 16.10, p < .001): Figure 9.3: Occupation by belief that sexual harassment is about ‘boys being boys’ Participants working in agriculture/horticulture and those working in mining were significantly more likely to believe that sexual harassment is just ‘boys being boys’ than participants within professional occupations (x! 1, N = 33 = 231 13.21; x! 1, N = 21 = 8.24). For example, one female who was employed as a geotechnical engineer for a mining company described having experienced unwanted physical touching, rude jokes, sexual banter and exposure to various types of pornography in the workplace. She maintained that it was preferable not to report these behaviours: I know it sounds bad, but you do get used to it. It’s again- ‘boys being boys’ or ‘men being men’. Because it is a male dominated environment that is just how they are. It feels like, I suppose, you have to accept it. The way I see it, it is their workplace- oh that sounds very wrong! But it does just seem like it is their workplace. (Aged 26, high level rurality). A horticulturalist, who identified as a lesbian, spoke of the reality of the ‘boys’ club’ in her outdoor workplace: I think it is just like a footy club. You get sweaty men together doing manual work and feeling good about being blokey. That drives it. It is quite usual when the boys are sitting down having smoko and they will be talking about their experiences of sex on the weekend. (Horticulturalist, 43 years, average rurality). Similarly, a remote-area jillaroo reflected on her experience of the ‘boys club’: Yeah, there was a bit of that (rude comments in general). I put it down to boys being boys. It sounds horrible but that was what it was. …you are living with these people too. You can’t just go home from work and that is it. Cause it was just like you would see them in the staff common room for dinner…And you would see these people at lunch time and on coffee breaks and in the laundry. (Aged 22 years, high level rurality). Another respondent was resigned to accepting the ‘guys group culture’ in her rural town: I think that is part of a lot of guys’ group cultures to laugh at teasing women. It is just the way that they act when they 232 are with their mates and they are unlikely to change. (Public servant, aged late twenties, highly rural). The belief that sexual harassment is just ‘boys being boys’ was also related to the proportion of women in the workplace of the participant (χ2= 3, N = 67 = 14.23, p = .003, with a moderate effect size, Φ = .46) (see Figure 9.4): Figure 9.4: ‘Boys being boys’ belief by proportion of women in the workplace Those working in workplaces predominantly staffed by men were significantly more likely to hold this belief than participants in workplaces of over 75% women (�! 1, � = 35 = 10.64). Accordingly, a senior female manager in a largely male mining industry expressed the view that the small town ‘boy’s culture’ contributed to the gradual acceptance of pornography in the workplace: But professionals also develop a sense of tolerance for the other lifestyle- so the topless becomes OK. And then you suddenly realise- or I did- that it is not OK that you have developed such a tolerance for being served by a woman without a shirt or bra on. And with that you realise that 233 you have to get out before you forget that it is not normal. (Aged 28 years, high level rurality). ‘It’s just not a big deal.. let’s drop it.” The Denial of Sexual Harassment Forty-one percent of employees and more than two thirds (68%) of employers appeared to deny sexual harassment ( χ2= 1, N = 102 = 5.02, p = .025 , although the effect was small, Φ = .22.). A female mining consultant mentioned being exposed to ‘bare breasted women on calendars’ and was then asked how that made her feel. She responded by saying: Um, nothing really. I don’t- I think I still accept that that is the culture so to speak and I don’t find that personally- this is gunna sound bad- but I don’t have much respect for the people in those situations anyway so I have never lost power from it. I just think ‘you dickheads, how sad!’ So silly on one hand, but also nothing on the other hand. (29 years, high rurality). One female manager of a large sheep station spoke of the harassment by her male co-workers in a relatively dismissive manner: I think some thought that I was probably going to be an easy lay- there is no proper way or saying it. It was just because I was there and they thought I was that way inclined- and I wasn’t. And this was just a rude shock for some of them. (Aged 40 years, high level rurality). “Can’t you even take a joke?’ Banter As a Form of Sexual Harassment An aspect of denial is not recognising that certain behaviours constitute sexual 234 harassment. Given that one third of the sample did not answer the question about whether banter is harassment, tests of significance were limited. Overall, however, the majority (37:69) responded negatively to this question. One participant, employed as a geotechnical engineer in a mining community, commented on the disparity between perceptions of banter in the workplace: People are just- the guys just look at it as fun. Fun and banter. Whereas girls may not see it that way. So they would say ‘it’s just fun’ and then a girl complains, procedures are followed and so forth- then it may look bad on her part because she took it to a wrong level or it wasn’t meant in that way. But that is the same for anyone really. (Female, aged 26 years, high level rurality). Significantly fewer employers believed that banter is sexual harassment (24%) as compared to employees (56%) ( x! 1, N = 69 = 6.18, p = .013, with a small effect size, Ф=.229). One woman, for instance, who managed a cattle station in the northern part of Australia with her husband spoke of the tendency for jackaroos to engage in banter on the job: Yeah, I mean they are suggestive and rude. But you can hear a joke like that and find it funny as against plain old outright ‘filthy’. That’s the difference between something that is funny and something that is plain and outright ‘crap’. And I don’t think the boys here would tell me something like that that had no funniness to it. (Station manager, female, aged 30, high level rurality). “She’s not even totally naked!” Pornography As a Form of Sexual Harassment: Almost two thirds of participants did not explore the question about whether pornography equates to a form of sexual harassment, making the data highly unreliable and statistical testing problematic. However, twenty of the 28 employees who did respond believed porn is sexual harassment while only six of 235 the14 employer participants had that view. All the professionals who responded to this question (n=6) indicated that pornography does equate to sexual harassment. One Northern Territory based scientist spoke of her disgust at having heard about pornographic exchanges which took place in a context outside of her workplace: There was also stuff surrounding the trading of images of Asian women on the internet and then going to Bali together for sex holidays. I thought it was very weak that they were not fired- they should have said ‘you are fired- see the police for further details’. (Aged 42, moderately rural). And, 86% of those employed in mining (n=7) saw pornography as harassment in contrast to half of the agriculture/horticulture (n=16) and retail/hospitality/fast food (n=2) and 60% of the five Administration workers who answered. Turning a Blind Eye- Ignoring Sexual Harassment Either reflecting denial or contributing to it were the 85% (n=72 respondents) of employees and 77% of employers (n=22) who believed that it is best to ignore the behavior: I have experienced a man physically exposing himself to me. And not just to me- to anyone else who was around. Repeatedly. Countless times…This was an underground person who was in middle management. So when I would be underground he would often be too. There seems to be an old-school group of men who believe that women don’t belong underground. And I’ve even heard it said that women are bad luck underground. And there is a group of men who think that it is funny to try to shock you underground. Or make you feel uncomfortable…I would ignore it! I certainly never did anything about it!...To me, if 236 someone wants to show themselves it is more a reflection of them than a reflection of me.” (Environmental Advisor in Mining, aged 36, ‘high’ rurality). One female manager of a large vineyard was somewhat reluctant to acknowledge one particular incident of rape between employees: We don’t get, like ‘rape’ so much- (pause)- although we have had a rape. They were both seasonal workers. See, with this culture people come and work hard and get a lot of money for 12 hours and then they will go to the pub for 12 hours and one girl woke up and found her workmate in bed with her. And now her life is ruined, I guess.. mmm. Aged 46, moderate-high rurality. In response to a question about whether she felt confident that she would be free from workplace sexual harassment in the future, one woman’s answer demonstrated that- on balance- she thought it best to ignore physical touching in the workplace and to contextualize the experience as ‘humorous’: Here- yes, I am confident that I won’t be harassed. Although the boss did tell me that I wasn’t allowed to tell ya, but he pats me on the bum all the time. Which is a bit crap! (Laughs). He said “Now don’t you tell that girl anything!” (Laughs again). But that’s the kind of fun that we have without being- you know- that’s what I mean by ‘humour’. Something like that is funny but it does have some overtones at times, I suppose.. .(fades thoughtfully). (Agricultural office administrator, aged 50, ‘average to high’ rurality). Is Sexual Harassment an Issue in Rural Australia? Three quarters of the respondents (n=89) answered affirmatively to the question of whether sexual harassment is a ‘big issue’ in rural Australia. This question was designed to test or screen for attitudes that correlate with denial. It was apparent that it was easier for respondents to recognise sexual harassment as an issue in the abstract and not in the context of one’s own workplace. 237 One respondent spoke about the perils of being employed in a position, which required working in isolated bush areas. In her response she referred to broader issues of ‘sexual stuff’ affecting women and which she ultimately regarded as: ‘part of life, to be honest.’ (Rangeland manager, aged 50, very rural). Those working in areas with a relatively low degree of rurality were significantly more likely to believe that sexual harassment is a big issue in rural Australia (24:26) than those participants living in more remote areas who tended to downplay its effects (17:33) (Fisher’s = 4, N = 89 = 17.63, p = .001, with a medium effect size, Φ = .45). For example, a female employer from a retail business in a relatively large rural community responded to the question by saying: Oh it has gotta be a big issue. It is like everything else- it has to be addressed but at the right time and in the right place. (In the meantime) if something really bad has happened and if someone has forced themself on someone I don’t think you would hear of it. I think that mentality is still there. (Aged 48 years, low level rurality). Comparatively, a young female engineer from a remote community indicated as follows: No, I don’t. Don’t get me wrong, I think there is prejudice against women, but you do have to- I don’t know- you just have to put more into your job to prove your worth, maybe? (Geotechnical engineer, aged 26 years, high level rurality). 238 Discussion: “It sounds bad- but you just get used to it. It’s just ‘boys being boys’…” This chapter confirms a bush tendency to make sexual harassment as invisible as possible. That is, it is commonly reduced in discussion to a mere shadow of the targets’ reality. It is relatively common for some apportioning of responsibility for sexual harassment to be placed on the victim. Sexually harassing behaviours are also often constructed in a trivial way and this ultimately contributes to culture of denial. Disturbingly, two thirds of respondents believed that a women’s behaviour- including her choice of clothing and her responses to harassment- contribute at least in part to her victimisation. Unsurprisingly, such attitudes were more common in workplaces that were more masculinised, with a low ratio of women. Participants from these workplaces were also more likely to believe that sexual harassment is about ‘boys being boys,’ with those employed as horticulturalist/agriculturalists or in mining most likely to ascribe to this viewpoint. This is unsurprising because (as discussed in chapter three) in male-dominated workplaces, the affirmation of men as ‘mates’ occurs ‘through bonding and rituals within homosocial (white, heterosexual) groups.’7 Similarly, in labour- intensive occupations (such as those from which our participants were likely to 7 Michael Flood et al (eds) International Encyclopaedia of Men and Masculinities (Routledge, 2007) 400. 239 accept sexual harassment as ‘boys being boys’), this masculine bonding may involve the elements of ‘physical effort’, ‘shared dangers’8 and the enforcement of male power ‘in talk and workplace jokes.’9 Regardless of the manifestation of the male bonding, it is widely acknowledged that ‘one of the obvious exclusionary characteristics of the concept is that women tend not to be included in most understandings of mateship and what it means to be a mate.’10For this reason, women in male dominated occupations were likely to accept sexual harassment as part of the workplace norm. Sixty percent of respondents identified that sexual harassment had ‘serious’ effects. Professionals were most likely to see power at the core of harassment and were also the occupational grouping from which people were most likely to identify pornography as a type of sexual harassment. It is possible that by process of ongoing education professionals may have developed a higher order, moral understanding of pornography as an assertion of male power in the workplace, rather than viewing it as a mere form of ‘naughty entertainment’. The professional values associated with elite positions may also create a heightened awareness of potentially destructive workplace problems such as the blatant (or even subtle) display of pornographic material at work. 8 Linda McDowell Gender, Identity and Place: Understanding Feminist Geographies (Polity Press in association with Blackwell Publishers Pty Ltd, 1999) 141. 9 Ibid 136. 10 James S Page ‘Is Mateship a Virtue?’ (2002) 37(2) Australian Journal of Social Issues 193, 195. 240 Perhaps the most disturbing finding concerned the attitudes of employers/managers. A troubling proportion—more than four fifths of employers—believed that the women’s behaviour contributes at least partly to her victimisation. Employers were also more likely than their staff to deny that sexual harassment takes place, with less than one quarter considering banter to be harassment. In this context, Joan Acker discusses the phenomenon that ‘the willingness to tolerate sexual harassment is often a condition of the job, both as a consequence and a cause of gender hierarchy.’11 Given that the rural workplace is deeply entrenched in tradition, it is unsurprising that workplace norms- such as the establishment of sexually harassing culture- are fixed and are not easily transformed. For this reason, rural employers and employees alike become accustomed to the saturation of sexual harassment in the workplace, with a female public servant from rural Western Australia describing it as ‘unchallenged behaviour’. In this context, the prevalence of the ‘fit in or f#$% off! policy’ that was cited by both employers and employees in the course of the interviews has become a male catch-cry. This informal ‘policy,’ which serves to reinforce the entrenched tradition, is literally and shamelessly utilised in the rural workplace for maintaining gendered hierarchy in a traditional male space. 11 Joan Acker ‘Hierarchies, Jobs, Bodies: A Theory of Gendered Organizations’ (1990) 4(2) Gender and Society 139, 152. 241 One potentially optimistic finding, however, came from the seven of eight employees under the age of 20 who did not apportion any responsibility onto the targets. This may be indicative of hope for future cultural change. However, this must be balanced against the finding that three quarters of those in their early to mid 20s did express victim-blaming beliefs, meaning that the data may be an anomaly. Three quarters of respondents identified sexual harassment as a ‘big issue’ for rural Australia. Theoretically, the recognition of the issue as a general proposition is indeed positive, although the same participants were often reluctant to label their own sexualised workplace mistreatment as ‘sexual harassment’. It may be that women’s ‘gut knowledge that they are ‘outsiders’12 leads to personal disempowerment, making it easier for them to identify sexual harassment as a real threat in the general rural community. The participants’ natural reluctance to ‘making a fuss’ about harassment issues in their own workplace may compound this. That is, women know the potential for backlash for identifying sexual harassment in their workplace (including being deemed to have ‘invited’ it in some way). They also know that there is a real possibility of a complaint not being believed and the potential for community gossip.13 In view of these real possibilities, it may be that not identifying sexual harassment as an immediate problem in their personal workplaces is a self-defence mechanism in 12 Miriam Dixson The Real Matilda- Women and Identity in Australia 1788 to the present (UNSW Press, 1999) 21. 13 Skye Saunders & Patricia Easteal 'Fit in or F$%# Off!' The (non)Reporting of Sexual Harassment in the Rural Workplace' (Paper presented at the National Rural, Regional Law and Justice Conference (UNE), Coffs Harbour, May 2012). 242 itself. That is, the recognition of an issue as affecting other women is acceptable, but the recognition of an issue as being one of concern for herself adds to the woman’s sense of vulnerability, and so she denies its impact. It has been suggested that this type of defence strategy is relatively common for victims of harassment.14 Recommendations and conclusions arising from this chapter will be explored in chapters ten and eleven. 14 L F Fitzgerald, S Swan and K Fischer (1995). ‘Why Didn' She Just Report Him? The Psychological and Legal Implications of Women's Responses to Sexual Harassment’ (1995) 51 Journal of Social Issues 117. 243 CHAPTER 10 ‘A New ‘Coo-ee!’— An Australian Bush Transformation Introduction The findings contained in the previous three chapters show that sexual harassment is tolerated- by ‘necessity’- in a large number of male-dominated, rural workplaces, with many respondents perceiving the behaviour as being a natural part of daily rural working life. In chapters three and four it was explained that this nature of desensitisation to sexual harassment is a cultural phenomenon, seeped in the mythical tradition of male dominance as a norm. A male-dominated workplace is frequently customised as a ‘bloke’s domain’, with its men often tending to resent the presence of any female who threatens that male space by simply being in it. As explained in chapters four and five, in this type of hostile working environment sexual harassment becomes a tool for retaining the power dynamic which positions women as ‘outsiders’ in a male environment. This ultimately means that women ‘need to become like men to enjoy the benefits of full participation in the community.’1 When sexualised behaviour goes unchallenged (because, for example, of women’s legitimate concerns about not being seen to ‘make a fuss’), it quickly 1 R Mason, ‘Building Women’s Social Citizenship: A Five-Point Framework to Conceptualise the Work of Women-Specific Services in Rural Australia’ (2007) 30(4)Women's Studies International Forum 299, 383. 245 becomes accepted as a normal, entrenched behaviour and perspective can be lost in such a way that the harassment is no longer considered ‘serious enough’ to report. Former Sex Discrimination Commissioner, Susan Halliday, considers that the reasons why women choose not to report sexual harassment indeed include ‘not want to "make waves"’ , but are also sometimes centred on ‘not having confidence that pursuing an individual complaint will result in the systemic changes they believe are necessary in order to overcome the discrimination.’2 In the rural context, there are compounding issues that serve to further exacerbate feelings of ‘aloneness’ for female employees, therefore affecting their capacity to cope with sexual harassment in the workplace. Chapter four of this Thesis shone light on particular elements of the rural woman’s daily reality that serve to intensify her relative vulnerability in deciding whether to disclose gendered harm. Some of these factors include the burden of navigating complex community social dynamics and swirling community gossip, 3 being able to source local assistance in the event that she does choose to disclose,4 and the risk of losing paid or unpaid employment and being labelled a troublemaker. Against this backdrop of isolation- social, cultural, geographical and emotional- there is work to be done in re-formulating the acceptable norms and standards 2 Susan Halliday, (Sex Discrimination Commissioner), ‘Winds of Change: Indirect Discrimination and University Culture’ (Speech given at the Women and the Culture of Universities International Conference, Sydney, 15 July 1998) 3 E Barclay et al, Crime in Rural Australia (Federation Press, 2007) 90. 4 R Green, R Gregory and R Mason R, ‘It’s No Picnic: Personal and Family Safety for Rural Social Workers’ (2003) 56 (2), Australian Social Work 94, 96. 246 in the Australian rural workplace. Rural communities ‘are culturally charged arenas’,5 ripe for transformation. In order for sexual harassment to be effectively addressed in those communities, ‘a change in organisational culture and practice’6 within workplaces situated within them is required. This chapter therefore explores recommendations for the re-invigoration of rural workplace culture by adopting a three-stranded thematic thread: 1) ‘Changing Minds and Hearts’: Re-Inventing Male Behaviour in the Rural Space. This strand explores practical ideas for teaching rural men about the meaning of sexual harassment, laws governing sexual harassment and the damaging effects of sexual harassment. In doing so, it introduces select theories for effectuating cultural change. 2) ‘Getting Bossy’: Educating and Empowering Employers and Senior Managers To Recognise and Eliminate Workplace Sexual Harassment. This section explains ways in which rural employers might be taught to identify, prevent and deal with sexual harassment. 3) ‘Beyond Bitchy’: Empowering Rural Women to Reject All Forms of Sexual Harassment and Support One Another. Beyond merely explaining law and policy to women, this part of the chapter will focus on the need to assist rural women in the development of assertiveness in responding to sexual 5 Sarah Wendt and Jennie Hornosty, ‘Understanding Contexts of Family Violence in Rural, Farming Communities: Implications for Rural Women’s Health’ (2010) 20(1) Rural Society, 52. 6 Halliday, above n 2. 247 harassment as it arises, supporting one another in that process and maintaining a healthy level of resilience in the process. In addressing these areas, it may be that specially trained ‘sexual harassment consultants’ travel a strategic rural Australian circuit, offering training seminars, workshops and consultations specifically to rural employers and employees. This service may be particularly important where there are no adequate information or support services available for support in a rural community. ‘Changing Minds and Hearts’- Re-Inventing Male Behaviour in the Rural Space: In the bush when you are there in the moment, it is the blokes’ refuge to banter. And women cope by bantering back but in a way that doesn’t affect their status.. (Teacher, 43 years, average rurality). In chapter three it was shown that in the context of male homosocial relationships, masculinity is commonly ‘performed’ for other mates. In its most innocent form, this enactment of mateship is a celebration of ‘mutual commitment, mutual support and companionship’7 amongst men. However, at its most extreme level, ‘male bonding feeds sexual violence towards women and 7 Anna Wierzbicka, Understanding Cultures Through Their Key Words (Oxford University Press, 1997) 102. 248 sexual violence towards women feeds male bonding.’8 The reality of this is that the ‘performance’ of bizarre behaviour can gradually become normalised for men just as easily as it can become an accepted reality for women.9 This is not only damaging to female victims of aggressive male behaviour but also to the male perpetrators themselves, as James Dobson points out: ‘The bottom line is that many men have lost their compass. Not only do they not know who they are, they are not sure what the culture expects them to be.’10 It is therefore critical that rural men have a renewed understanding of the harmful nature of sexual harassment so that they can work towards reforming entrenched behavioural patterns and trends. This process of education would not be merely be limited to introducing the legal definitions of sexual harassment, because ‘changing cultures, requires ‘engaging hearts and minds.’11 This section therefore highlights some considerations to be taken into account in tailoring a campaign designed to reach men in their own rural spaces with a focus on both conveying a message to ‘minds’ (i.e. about the practicalities of 8 Michael Flood, Men, Sex and Homosociality- How Bonds Between Men Shape Their Sexual Relations with Women, Men and Masculinities, Vol 10, No.3 April 2008, 339-359 at p 341. 9 Patricia Easteal, ‘Violence Against Women in the Home —Kaleidoscopes on a Collision Course?’ (2003) 3(2) Queensland U Tech L &Just J 250. 10 Dobson, James Bringing Up Boys, (Tyndale House Publishers, 2014). 11 Elizabeth Broderick (Sex Discrimination Commissioner, Australian Human Rights Commission), ‘Reflections on the Review into Women in the Australian Defence Force’, Speech delivered at the NSW Rape Crisis Centre Annual General Meeting, Café Birkenhead, Drummoyne, 9 October 2012 249 sexual harassment and the law) and ‘hearts’ (i.e. the damaging reality of sexual harassment and why it must be eliminated). Ultimately, the message to be conveyed is of a widespread ‘cultural intolerance for unethical sexual practices’12 including all forms of sexual harassment against women, both in the rural workplace and beyond. ‘Thinking Aloud’- The Process of Changing Male ‘Minds’ In changing the modes of male thinking towards sexual harassment and the law, it is important to consider a number of elements such as the development of clear communication strategies and the practicalities attached to training. One important consideration is ensuring that there is adequate interpretation of legal requirements in plain English so that practical behavioural prohibitions are fully understood by cohorts of rural men. This is important because, as proposed by social theory such as the Elaboration Likelihood Model (ELM), permanent and lasting cultural change arises when people are motivated to make a decision which they understand and which holds real relevance to them.13 In the process of translating the law, special focus might be placed on distinguishing ‘acceptable’ workplace behaviour from ‘unacceptable’ sexual harassment (as prescribed by legislation and cases). The use of film to show 12 Kerry Carrington, and Moira Carmody, ‘Preventing Sexual Violence?’ (Dec 2000) 33(3) Australian and New Zealand Journal of Criminology, 341, 356. 13 Elaboration Likelihood Model (30 September 2002) Changing Minds —How We Change What Others Think, Feel, Believe and Do http://changingminds.org/explanations/theories/elaboration_likelihood.htm 250 various forms of sexual harassment (from overt to subtle) ‘in action’ would provide a vibrant platform for practical presentations, seminars and/ or smaller discussion groups to follow. Another part of the process of ‘changing minds’ involves a degree of ‘unlearning the language’ and replacing it with a new, appropriate alternative dialect as Carrington and Carmody explain: It is important that men reject the language that constructs women as orifices (i.e. I poked her; stuck it into her; porked her; fucked her; pulled her). Important too is the rejection of the language that stigmatises women who find pleasure through sexuality as sluts who can't be raped, only fucked or "had". The possibility of sexual intimacy without sexual assault requires that men reflect upon and unlearn the language and the myths of rape culture..14 Practically speaking, given the restrictions on suitable meeting places for some employees (such as jackaroos and shearers), presentations/ seminars of this nature may take place in a ‘familiar’ rural space, such as a local pub. Whilst part of this process will be to identify and motivate locally-based male ‘champions of change’- male community leaders, willing to lead by example15- some initial seminars, workshops and consultations may be led by expert ‘sexual harassment consultants.’ In this context, the benefits of male educators in male violence prevention programs have been explored. These advantages include being able to shape fellow male attitudes more powerfully; being able to provide a ‘safe 14 Carrington and Carmody, above n 12, 356. 15 See generally, Australian Human Rights Commission (AHRC), It Starts With Us —The Leadership Shadow, (AHRC, March 2014) 251 space’ for participants to talk and show emotion ‘unjudged’; being able to act as role models for other men; minimising the risk of gendered harm to the educator and being seen to be more ‘credible’ than women by participants.16 On the other hand, Dyson and Flood summarised the benefits of female presenters or facilitators in the context of effectuating cultural change as including being able to demonstrate effective cross-gender working relationships, modelling shared interests in non-violence and inclusiveness, and enabling men to learn directly from the presenter about the experience of woman.17 ‘A Change of Heart..’- A New Intolerance (for Sexual Harassment) As explained above, real cultural change is equally reliant on reaching ‘hearts’ which (in addition to educating ‘minds’) ultimately means inviting males to imagine the sexual harassment victim’s hurt and anguish. Some factors for consideration in this context include the development of effective peer culture, harnessing the ongoing enthusiasm of male ‘champions of change’ and the use of multi-media to effectively convey a lasting, meaningful and relevant message. 16 Michael Flood, ‘Changing Men: Best Practice in Sexual Violence Education’ (2006) 18 Women Against Violence: An Australian Feminist Journal 26. 17 Sue Dyson and Michael Flood, Building Cultures of Respect and Non-Violence —A Review of the Literature Concerning Adult Learning and Violence Prevention Programs With Men — Respect and Responsibility Program, (Australian Football League (AFL) and VicHealth, 2010) 6 252 For this transformative process of ‘hearts’ to work effectively, men would be surrounded and supported by their own ‘mates’ because ‘peer group cultures tend to be the carriers of conservative legacies of gender and provide powerful markers of masculinity’18 which require collective adjustment. Another benefit of educating males in groups is presented under the Social Norms Approach19 which suggests that an individual’s belief and behaviour is influenced by the majority culture and therefore‘aims to shift men’s perception of social norms by revealing the extent to which other men also disagree with violence or are uncomfortable with common norms of masculinity’.20 This process of ‘changing hearts’ must be an ongoing one, because ‘much adult learning is non-formal, and is essentially a social process’.21 This means that all males in the community must ultimately understand that they have a responsibility to other males to exemplify respectful and inclusive attitudes towards women with whom they interact. Carmody and Carrington explain that: ‘..men, and young men in particular, are strongly influenced by the cultural attitudes and practices of their peers and role models, fathers, teachers, footballers, movie stars, and other such public figures and cultural icons. Hence the importance of de-legitimising particular psychosocial and 18 Gabrielle Ivinson and Patricia Murphy, Rethinking Single-Sex Teaching — Gender, School Subjects and Learning (Open University Press, 2007) 140. 19 Alan David Berkowitz, The Social Norms Approach: Theory, Research and Annotated Bibliography revised and updated January 2003 http://www.alanberkowitz.com/articles/social_norms.pdf. 20 Dyson and Flood, above note 17. 21 Ibid 15. 253 political responses that symbolically authorise sexual violence..’22 In the context of the above, male ‘champions of change’ in the bush must be identified and able to enforce the message (over time and regularly) of a ‘cultural intolerance for unethical sexual practices’ 23 including all forms of sexual harassment against women, both in the rural workplace and beyond. In relation to the use of different forms of media, it is important to consider that potential use of various forms of communication to convey a powerful message to rural men about how sexual harassment strips a woman of her dignity and confidence. Sex Discrimination Commissioner, Elizabeth Broderick, recognises the importance of this, stating that ‘personal narratives are powerful. They are a catalyst for change.’24 The use of ‘documentary-style’ footage may also first enable a celebration of the rural workspace as a unique, thriving cultural heartbeat, thus appealing to the pride and masculinity of male participants in the training. The documentary might then go on to highlight (through snippets of interview with victims, their family members or perhaps workplace observers) the damaging effects of sexual harassment that some ‘good rural people’ experience in that celebrated, ‘masculine’ space. Outside of workplaces, a short film of this nature could also be played at a venue such as country pubs, with small discussion groups to be led immediately afterwards to capture and enforce the spirit of the viewers. 22 Carrington, and Carmody, above n 12, 356. 23 Ibid. 24 Elizabeth Broderick, above n 11. 254 “Getting Bossy..” Enabling Employers To Recognise and Eliminate Harassment The effective implementation of workplace sexual harassment policy in rural Australia is dependent on employers and senior managers understanding prescribed legislative requirements so as to be able to send a strong message about the behaviour in leading their organisation.25 As explained in chapter five, employers are required to take ‘all reasonable steps’ 26 to prevent sexual harassment from occurring (as discussed below), but it is clear from the discussions with rural employers that these laws are not fully understood (as discussed in chapters seven and nine). This research showed that there is a tendency for employers to accept sexual harassment as natural part of the working environment (see chapter seven). This highlights the need to educate rural employers and senior managers about their potential liability under the legislation and to help them appreciate the damaging implications of failing short of the legislative requirements, for all staff members involved. Employers need to become comfortable adopting a ‘zero-tolerance’ approach to sexual harassment as exemplified by Chief of Army, Peter Morrison in his hard-line address to army personnel: Those who think that it is okay to behave in a way that demeans or exploits their colleagues have no place in this 25 Jean M Phillips and Stanley M Gully, Human Resource Management (South- Western Cengage Learning, 2014) 78. 26 Sex Discrimination Act 1984 (Cth) s 106 (2). 255 army.. If that does not suit you, then get out. The same goes for those who think that toughness is built on humiliating others..27 ‘The Bare Minimum..’- The Place of Policy: The national guidelines explain that there is ‘no uniform standard expected of employers in taking all reasonable steps’ to prevent sexual harassment, although at ‘minimum’ employers should ‘have an appropriate sexual harassment policy which is effectively implemented, monitored and communicated to all workplace participants.’28 It is important to note that the notion of what is ‘reasonable for a large corporation may not be reasonable for a small business.’29 The existence of policy documents will be regarded as significant in the discharge of an employer’s potential vicarious liability for incidents of sexual harassment that might be perpetrated by their employees.30 Policies may also offer employees a real degree of comfort, because this research has found that a major obstacle to reporting sexual harassment is a lack of workplace sexual harassment policies with a clear complaints path (see chapter seven). However, half of the rural 27 ABC News Canberra, Chief of Army David Morrison TellsTtroops to Respect Women or 'Get Out', 13 June 2013 28 Australian Human Rights Commission (AHRC), Effectively Preventing and Responding to Sexual Harassment: A Quick Guide (2008) 4 29 Ibid. 30 Patricia Easteal, and Skye Saunders, ‘Interpreting Vicarious Liability with a Broad Brush in Sexual Harassment Cases’ (2008) 33(2), Alternative Law Journal (Alt L J), 75, 78–79. 256 workplaces that constituted the research sample evidently do not have sexual harassment policies, or if they do, the respondents are not aware of their existence. Of course, a sexual harassment policy must be carefully crafted. The Australian Human Rights Committee (AHRC) distinguishes appropriate policy content based on the relative business size and recommends, for example, that a small business policy should include the following policy elements at minimum: o a definition of sexual harassment; o a statement that sexual harassment will not be tolerated in the workplace; o how sexual harassment complaints will be dealt with; o sanctions that will attach to sexual harassment if it occurs; o contact numbers for external complaints agencies.31 A harassment policy must also be circulated and regularly explained to workplace employees in order to retain its effectiveness.32 As expressed by Lieutenant General David Morrison, AO, Chief of the Australian Army: Leaders have to find a course of action that is understood by their workforce. That means clarity of message and repetition, which is something I really had to work on..33 31 AHRC, above n 28, p 7. 32 Easteal and Saunders, above n 30, 78–79. 33 Lt General David Morrison, Chief of the Australian Army (Speech delivered during the United Nations International Women’s Day Conference, New York, 8– 9 March 2013) 257 The sexual harassment consultants proposed in this research might aide employers in drafting the policy documents, understanding the implications34 and communicating the content to their staff. The clear message that employers must send in their policy documents and training is that the above described ‘zero-tolerance approach’ will be taken towards workplace sexual harassment.35 Part of this message involves conveying clear steps to employees for the investigation and intervention of a potential harassment incident. This, for some employers and senior managers, will be a dramatic shift in the way that sexual harassment is perceived, as evidenced by the large number of respondents who were concerned that they were unable to report sexual harassment because the senior staff would commonly ‘join in the harassment’, for example: The person who is actually the one who I have observed touching legs and making comments is actually the officer in charge of the complaints. (Nurse, 32 years old, ‘high’ rurality). At another level, though, it was apparent that a large percentage of rural employers and senior managers interviewed were genuinely unaware of the many forms that sexual harassment can take. For example, 57% of the employer 34 Margaret S Stockdale, Susan Bisom-Rapp, Maureen O'Connor and Barbara A Gutek ‘Coming to Terms with Zero Tolerance Sexual Harassment Policies’ (2004) 4(1) Journal of Forensic Psychology Practice 4:1, 65, 67–9. 35 Easteal and Saunders, above n 30, 78-9. 258 cohort in this study did not identify pornography in the workplace as equating to a form of sexual harassment (see chapter seven). Through rigorous re-education, these understandings can be developed (perhaps for the first time) and transformed. Employers and senior managers must also develop confidence and skill in appropriately dealing with sexual harassment complaints. Whilst approximately half of the employers had received complaints of sexual harassment, many of these respondents showed a level of uncertainty in how to deal with this type of complaint (see chapter seven). There was also some suggestion amongst interviewees that rural employers would be naturally disinclined to follow up on any harassment complaint which might investigating the behaviour of ‘a good worker’, for fear of losing them (see chapter seven). This nature of attitude must be replaced with the aforementioned genuine stance of ‘zero tolerance’ from the most senior ranks downwards. The AHRC explains that employers must be sure to have a clear section of the policy that sets out the complaints mechanism for incidents of sexual harassment.36 Employers should also assure employees that a complaint can be made in complete confidence and provide them with the following information: ! how to deal with the harassment themselves (employees should not be pressured into pursuing this option and should only confront the harasser directly if they feel confident enough to do so); ! speaking to their supervisor, manager or other officer who has responsibility for dealing with sexual harassment; 36 AHRC, above n 28, 41. 259 ! lodging a formal complaint through the organisation’s complaint/grievance procedure; and ! approaching an external organisation such as their union, the Commission or a state or territory anti-discrimination agency.37 Of course, the existence of policy documentation is a mere component in process of effectuating cultural change. As a female police officer from a rural station stated: ..policies don’t protect you from the wrath of other members of the force.. And you’re dealing with guys that have worked together for a really long time- close-knit inside and outside the station. The reinvention of rural workplace sexual harassment culture must therefore rely on more than the mere implementation of policy, however effective. Real change must also involve men undergoing a critical transformative moment whereby the pain and the damage attached to the sexualised behaviours perpetuated by their own gender becomes apparent to them. The revolution of both ‘mind and heart’ is required with both of these elements being equally important. ‘I think we all get it..’- Training Employees in Sexual Harassment Policy: One young respondent who worked as a jillaroo suggested the use of a ‘training course’ for men that would address particular workplace problems (including the integrating women into the traditionally male-dominated workplace and the 37 Ibid. 260 uncertainty surrounding the definition of sexual harassment) through efficient policy training: A lot of the supervisors are from the older generation and they are men. So some of them just aren’t used to working with women! And they are not very good at giving feedback and basic stuff like that. I actually wonder whether it might be worth them going through a training course. (Laughs). I don’t know. Because they have been in this man’s world for so long and then women come along there are some awkward moments. Because they really don’t know if it is OK to crack a joke or what. And some are pretty old-school and so a class based around ‘the great new world of shared workplaces’ might be useful. Whilst it is critical that employers and senior managers facilitate regular and thorough training on the topic of workplace sexual harassment for all employees, 38 only 17% of workplaces in this study currently implement appropriate sexual harassment policy training for employees. One woman described the lack of training in the following terms: Yes there are policies. You hear about them once when you first join. But they get forgotten, don’t they? (Rangeland Manager, ‘high’ rurality). To counteract this type of effect, AHRC has implemented workplace guidelines for employers that suggest ways in which workplace sexual harassment training should regularly occur.39 Whilst this training would ideally take place in a face- to-face discussion, the recommendations recognise the potential problem for businesses without adequate training rooms and so provide that: ..in a small business where finances are limited, it may not be reasonable to send each employee to sexual harassment training, but instead the employer could ask that each 38 See, eg, Brook Hely, ‘Open All Hours — The Reach of Vicarious Liability in “Off- Duty” Sexual Harassment Complaints’ (2008) 36(2) Federal Law Review 173, 181. 39 AHRC, above n 28, 32. 261 employee read the sexual harassment policy and fill out a questionnaire designed to ensure that the employee understands the policy.40 There are also some very specific guidelines provided by AHRC that might have particular relevance in the male-saturated, rural workplace. The first of these is a statement that workplaces with a ‘history of sexual harassment and gender hostility’ may give rise to employers having to ‘take particularly strong steps to combat harassment in such circumstances.’41 The second is a requirement that employers take into account ‘any other relevant factor, including geographic isolation of the work location, duties which require employees to work in close physical proximity or where there are ‘live-in’ arrangements’ in designing and implementing harassment policy.42 One respondent in this research emphasised the need to consider the specifics of the rural workplace (in her case, the shearing sheds), in developing effective sexual harassment training strategies: Yeah, even in the shearing sheds there is no way that you would see a billboard about sexual harassment. You would see one about not lifting the wrong way so as to protect your back. But not about sexual harassment. No way. If you are out here working the deal is that you have to deal with what goes with that. (Shed hand, ‘high’ rurality). 40 Ibid. 41 Ibid. 42 Ibid. 262 ‘Beyond Bitchy’ Supporting Women (to Support Other Women) The third group of people who require intensive education about sexual harassment in the rural workplace are the women themselves. In the context of ‘supporting other employees’, this research shows that there is a tendency in the male-dominated rural workplace for women to exhibit what they refer to as ‘narky’ or ‘bitchy’ behaviours—that is resenting the ‘attitudes’ of their female colleagues or the way that they dress or present themselves to men in the workplace (see chapter nine, for example). It is perhaps ironic that in the anxious quest for ‘mateship’, ‘men hunger for the kinds of friendships they believe women have with each other,’43 yet in the context of the sexual harassment experience ‘women can resent other women and perceive women as deceitful and untrustworthy.’44 The unfair attribution of blame to the harassment victim is also a strongly emergent theme in this thesis. Interestingly, ‘the witch hunts of the Middle Ages and afterwards are one of the most spectacular and disturbing examples of blame being misdirected onto the vulnerable’, and were ‘largely driven by a need to find those responsible for small local tragedies.’45 It is possible that this motivation also applies in the context of rural dynamics, with this research showed that 60% of women shared the view that the behaviour of a woman 43 Terry Colling, Beyond Mateship (Simon & Schuster Australia, 1992) 126. 44 Gloria Cowan ‘Women's Hostility Toward Women and Rape and Sexual Harassment Myths’ (2000) 6 Violence Against Women 238. 45 Charlie Campbell, Scapegoat (Duckworth Overlook, 2011) 85. 263 (including the way that she dresses) contributes to her own victimisation as being sexually harassed (see chapter seven). Furthermore, if a woman chooses to complain about unwanted sexualized behaviour, a woman may be either be regarded as a ‘princess’ or instead as ‘aggressive’- rather than being celebrated as courageous and assertive (see chapter nine). However, a more positive related finding arising in this research was that very young women were far less likely to blame other women for inciting their own sexual harassment treatment (by selecting ‘inappropriate clothes’, etc). Whilst this may have been an anomaly, it may also be representative of some early successes in improved educational approaches about gendered harm, but there is an ongoing need rural women’s education about gendered harm of all nature in the Australian bush. “You gotta be hard, you gotta be tough, you gotta be stronger..”46- Assertiveness, Education and the Place of Resilience The following illustrative statement was made by a female granary manager when asked about what she would say to girls who reported sexual harassment to her: I would say to them that they need to learn to cope with it. You just need to be cut out for it and some girls are obviously not.. (Senior Manager, Granary, ‘high’ rurality). Of course, sexual harassment is not a behaviour that females should ever learn to cope with and it is not a display of prowess or esteem to be ‘cut out’ to receive 46 You Gotta Be song lyrics (recorded by Des’ree, 1994). 264 the behaviour in any particular way. Whether because paid work is rarer in the bush 47 or whether women are naturally more inclined to nurture their interpersonal relationships at work,48 a large number also worried about how to ‘tactfully’ ask their colleagues to cease unwanted physical touching in the workplace. This, of course, highlights the need for assertiveness training to ‘convert fear into power’ and the re-education of women so that a ‘zero tolerance’ for sexual harassment becomes their own norm.49 Women could learn that ‘girls and women are selected as sexual harassment targets because the harasser believes they will react in the ‘right’ way, namely ‘one that makes the harasser look and feel powerful.’50 Brent Sanders explains: If society conditions young women to think they have no option but to accept harassment then we allow them to believe that standing up for themselves and being assertive is not only undesirable but is actually beyond their capability.51 The education of young women is indeed critical because this research also shows that young women (under the age of 25) were much less inclined to 47 Margaret Alston, 'You Don't Want to be a Check-out Chick All Your Life': The Out-migration of Young People from Australia's Small Rural Towns’ (2004) 39(3) Australian Journal of Social Issues 299, 305. 48 It is known that conflict is ‘more likely to set in motion a cascade of negative chemical reactions, creating feelings of stress, upset and fear’ in women rather than in men. See Louann Brizendine, The Female Brain (Transworld Publishers, 2006) 40. 49 See generally, Brent Sanders, How Dangerous Men Think and How To Stay Safe For Life (Random House Australia, 2001). 50 Ibid 22. 51 Ibid 23. 265 report sexual harassment (see chapter seven), often citing feelings of disempowerment as a reason. Similarly, female employees who have attained a lower level of education were reportedly less inclined to disclose incidents of sexual harassment when they occur (see chapter seven). Conversely, women who had attained a higher degree of education were more likely to appreciate the significance of workplace policy documents as supporting them in disclosing workplace sexual harassment to a more senior person in the workplace. This gap in confidence, assertiveness and the appreciation of policy tools must be effectively bridged. Brent Sanders suggests that women should learn to ‘get inside the head’ of a harasser by adopting what he refers to as the ‘dog on the couch’ strategy which is designed to unexpectedly reflect the experience of humiliation back onto the perpetrator.52 He explains that if a target responds by ‘giving (the perpetrator) nothing’ he will ‘realise that he has made a mistake’ in selecting the target because ‘she is not reacting in the right way.’53 Ultimately, he explains that the strategy is underpinned by the basic philosophy of self-protection, which is to ‘identify your opponent’s weakness and target that’: The key to controlling the dog’s behaviour is identifying what the dog is doing, why he is doing it and sorting it out straight away before he thinks he is in control.54 52 Ibid 32. 53 Ibid. 54 Ibid 32. 266 Contextually, and as explored in chapters three and four, it is important to consider the context of necessary resilience which bush women characterise and which underpins their wellbeing and survival. Given the intensity of remote-area living, there is a danger that where women ‘have had to be resilient for so long, the positive aspects of resilience can become exaggerated.’55 This means that whilst a woman of ‘self-contained resilience’ can appear to be strong and unfazed, she can ‘become barren of feeling’ and ‘no longer trust others, believing that she can rely only on herself.’56 Ultimately, as O’Gorman explains, a woman affected in this way can ‘become further isolated, unable to branch out.’57 In the already-secluded rural context, this inner sense of loneliness may be particularly damaging and this must be recognised in the context of developing assertiveness. That is, whilst personal autonomy and inner strength are traits to be celebrated, women must also learn to trust other individuals to provide them with support and encouragement.58 It is known, that ‘women in a bonded social group are more likely to come to each other’s aid in a threatening or stressful situation’.59 It must be recognised, of course, that the relative isolation of rural living is naturally limiting in terms of social interactivity (see chapter four), but it is important for rural women to feel able to talk openly with one another about 55 Patricia O’Gorman, Dancing Backwards in High Heels — How Women Master the Art of Resilience (Hazelden Educational Materials, 1994) 40. 56 Ibid. 57 Ibid. 58 Ibid, p 41. 59 Louann Brizendine, above n 48, 42. 267 their experiences of gendered harm wherever possible, because ‘if we bring the fungus into the sunlight it will not grow.’60 Supporting one another may not necessarily mean introducing huge gestures beyond simple acts of kindness and care, because: ..often, the positive influences are less headline worthy, but powerful: the daily phone chat and sports bet, the clarifying email from a friend articulating her reservations about a new boyfriend, or the small unsolicited favour that reminds you during a bleak moment that you are not alone in the world.61 Paradoxically, the prevalence of gossip in rural communities was also frequently flagged as a factor that would outweighing the potential effectiveness of any workplace policy rule against sexual harassment. One woman explained that in deciding whether to disclose any sexualised treatment in the workplace there was a weighing up of pros and cons to be done: You have to think ‘what would be the consequences?’ What would the backlash be like? What would people’s opinions be afterwards? Was she right to do it/ was she wrong to do it? You know. People are just- the guys just look at it as fun. Fun and banter. Whereas girls may not see it that way. So they would say ‘it’s just fun’ and then a girl complains, procedures are followed and so forth- then it may look bad on her part because she took it to a wrong level or it wasn’t meant in that way. But that is the same for anyone, really. (Mining engineer, aged 26, high rurality). Indeed, the effects of ‘gossip, rumours and behind-the-back duplicity’ can be gut- wrenchingly painful for women.62 Carlin Flora explains that whilst light gossip 60 Patricia Easteal, Voices of the Survivors (Spinifex Press, 1994) 191. 61 Carlin Flora, Friendfluence —The Hidden Ways In Which Our Friendships Make Us Who We Are (Doubleday Books/Random House UK, 2013) 121. 62 Ibid 162. 268 and banter can serve to strengthen and unite social connectivity, a person who ‘broadcasts the most sensitive secrets goes beyond our natural human instinct to gossip’ and can cause horrendous ‘emotional scarring’ for the person spoken about.63 The disclosure of sexual harassment to a friend or to a colleague, takes courage and as Brene Brown explains: ‘The root of the word courage is ‘cor’- a Latin word for ‘heart’.. Courage originally meant ‘To speak one’s mind by telling all of one’s heart.’64 Looking after one another’s ‘hearts’ is therefore one of the crucial messages that must be delivered to women in the bush. Conclusion This chapter has highlighted the importance of adopting a holistic approach to cultural change in rural Australia. Three key areas on which to focus concentration have been recommended as part of the process, namely the invigoration of men’s ‘minds and hearts’ about the issue of sexual harassment and the damage that it causes; the education of employers and senior managers about sexual harassment and the critical importance of workplace harassment policies, staff training, and their own confidence in responding to incidents effectively; and the empowerment of rural women to support one another in a united rejection of sexual harassment in the rural arena. The chapter recommends that reporting practices could be improved by the introduction of visiting sexual harassment consultants/ officers who would regularly tour rural communities to educate people about their rights in this area. Sexual harassment officers would offer tailored seminars and training sessions for rural employers and for rural employees. The training would be 63 Ibid 158. 64 Brene Brown, The Gifts of Imperfection (Hazeldon, 2010) 12. 269 occupationally specific and relevant. Sexual harassment officers would also be available to spend time with individual women in confidential appointments designed to enable women to work through sexual harassment complaints, to receive advice/ referral to counseling/ mediation as appropriate, to provide basic legal assistance with complaint forms as appropriate and to provide follow up. The combined strategic approach considers the various emotional, social and management elements that intersect in the context of workplace sexual harassment. It is crucial that all areas be addressed so as to effectuate long-term cultural change and so as to eliminate resort to the ‘default position’ that was described by one participant: Well, it’s been described to me as the ‘fit in or fuck off’ policy. You have probably already heard about that in other interviews today! (Laughs). So there is that pressure there to stay in the job, do the job. I think some women fall into the trap of becoming one of the boys. And if you don’t fit in then you are gunna find it hard to find a job. And jobs are limited here and there are not really a lot of jobs outside of the mining industry here. So I think women would feel the pressure. The same for any minority group here- not just women. (Mining Environmental Consultant, ‘high’ rurality). The final chapter- chapter eleven- will conclude this thesis by drawing together the threads of this research and summarising the findings and recommendations arising from them. 270 CHAPTER 11 Conclusion: ‘From Whispers from the Bush to Voices of Hope’ Introduction In concluding this Thesis, and drawing together its various threads, it is necessary to step back out of the detail and capture the larger patterns and images that emerge from the tapestry as a whole. ‘Proceed with Caution’- The Limitations of this Research As explained in chapter two, there are limitations attached to a research project such as this. The relatively small sample size in this study means that research conclusions must be made cautiously, pointing to the need for ongoing investigation as suggested below. It is also important to recognise that the sample of participants who volunteered to be interviewed may naturally be more inclined to vocalise their thoughts. For the same reason, participants may also be more confidently inclined to report sexual harassment in the workplace context. That is, it is possible that the overall level of reporting across rural Australia as a whole is indeed lower than this research has demonstrated might be the case. 271 Yet, despite the limitations, the dataset represented by the sample still provides a tapestry of lived human experience, with each interview representing the ‘eyes and ears’ of workers in bush workplace culture. ‘Whispers from the Bush’- An Original Contribution to the Literature Until now, the phenomenon of workplace sexual harassment has remained a silent ‘epidemic’ in the rural Australian context in the sense explained in the Introduction. This research shatters that silence by giving voice to the quiet ‘whispers from the bush’- a collection of voices which reveal the widespread sexualised treatment of women as a workplace norm. The cultural entrenchment of this rural epidemic is also exposed, highlighting the ineffectiveness of ‘good law’ when the established sub-cultures of rural workplaces so powerfully work against its application. Speaking of this Thesis, Commonwealth Sex Discrimination Commissioner, Elizabeth Broderick, ‘has described the emergent findings of sexual harassment in rural Australia as ‘deeply troubling.’1 In shattering the silence on this issue, this Thesis contributes empirical data to the existing body of knowledge about sexual harassment in Australia. By applying the methodology described and justified in detail in chapter two, data has been collected by: 1 Elizabeth Broderick in Bush Telegraph: ‘Rural Australia’s Sexual Harassment Epidemic’, ABC Radio National Program, broadcast 5th November 2013, http://www.abc.net.au/radionational/programs/bushtelegraph/sexual- harassment/5070884. 272 • a statistical and analytical survey of 68 adjudicated workplace sexual harassment cases heard across Australia between 2005 to 2010 (see chapter six); and • quantitative and qualitative data derived from 107 in-depth interviews conducted across rural Australian areas with (a) female employees; and (b) male and female employers (see chapters seven, eight and nine). In the wider context of Australian law, these central threads are interwoven to provide an original contribution to the literature. This is first achieved by exploring the nature, pervasiveness and reporting trends of sexual harassment in rural Australian workplaces. The experience of sexual harassment in the context of geographic seclusion is intimately explored through interviews with employees who offer direct personal experience and perception. Insight is also offered into the attitudes and responsiveness of rurally located employers and senior management in the context of sexualised workplace behaviours. This Thesis makes a further original contribution by offering an interpretation and explanation of the empirical findings which draws upon gender and legal theory, history and socio-economic literature concerning the Australian bush - as a culturally unique setting, distinct from the metropolitan centres. In particular, it offers an account of the impact of rurality on the nature, possible prevalence and reporting of workplace sexual harassment which, in turn, has implications for how best to redress this problem. 273 Finally, this Thesis interweaves the various contributory threads described above, to formulate a list of practical recommendations for effecting cultural change in rural workplaces. The central findings of this Thesis are summarised below. A Noxious Weed- The Prevalence and Manifestations of Sexual Harassment in Rural Australia This Thesis has shown that for the respondents in the data set, sexual harassment is commonplace. As shown in chapter eight, the majority of rural Australian women in this study (73%) reported being the target of unwanted, sexualised behaviour in the course of their work. For those women employed in positions within the agricultural or horticultural industry, the figure was much higher, with 93% of women reportedly having been the victim of sexualised behaviour in the workplace. Regardless of whether the sexual harassment was individually perpetrated or was the act of a group, the most common type of sexual harassment experienced was verbal (73%), followed by obscene gestures (53%), bullying (47%), pornography (37%) and physical (29%). Women commonly identified being reluctant to ‘make a fuss’ about the routine nature of the sexualised comments, as captured in the following statement: … I consider it inappropriate but if I spoke up every time, they wouldn’t take me seriously and it would be like crying wolf all the time. In a way I reserve that complaint process 274 so as not to waste my ammunition (Senior manager in mines (environmental consulting) 28 years, high rurality). Interestingly, the findings from the case analysis contained in chapter six showed that of the cases of those formally litigated rural matters, 73% involved more than one type of sexual harassment and that most of these cases of ‘multiple manifestations’ took place in a sexually permeated environment. This may point to a heightened confidence in reporting sexual harassment when it has various and blatant manifestations, thereby possibly enhancing the complainant’s credibility. Chapter ten has offered practical strategies for the revitalisation of male attitudes towards sexual harassment in the rural space, as summarised below. “She’s hopeless!”- Blaming the Sexual Harassment Victim One unanticipated, even surprising, finding of this study is the extent to which female co-workers (two thirds) were prepared to blame the female victims of sexual harassment, spurred by a level of resentment against the nature of their ‘conduct’. Unsurprisingly, such attitudes occurred more often in workplaces that were more masculinised, with a low ratio of women. It was common for women in those male-saturated environments to express concerns about women generally not setting appropriately clear ‘standards’ for men in the context of sexual harassment. For example, one woman indicated that she had not experienced unwanted staring or leering in the workplace, mentioning that she had not done anything to ‘invite’ that: 275 Not really, hey. I have been really lucky. And I dress very … I am not promiscuous or anything like that. But I know friends who have that happen. (Livestock manager, aged 30, high rurality). Another technique commonly expressed by women to avoid this culture of blame, is to strive to adapt to the masculine features of a workplace culture, including joining in with the banter. One participant proudly described her own ability to fit in: ..people often ask me what it is about me that makes me able to handle men. You need to be assertive but not aggressive. If you are aggressive you just hear ‘em say, ‘Geez, she is a cranky bitch’. If you are just assertive they will take your shit and make friends with you. You just need to show ‘em you are not a weak little girl who needs looking after. (Senior manager, granary, high rurality). As explained in chapter ten and as summarised below, educating women in rural workplaces about supporting female colleagues is particularly important in view of this finding. A revitalized understanding of other women is a critical component in shattering the myths that underpin the sexual harassment experience for rural women and stripping away the layers of denial, thereby making this type of gendered harm far more visible. One workplace goal here is to eradicate ‘female cruelty’ which can be ‘such a flinched, dark, raging little world.’2 Another is to revitalise the ‘ingrained language of womanhood’ which needs changing, ‘as do the telling little dances around directness’ or assertiveness.3 2 Nikki Gemmell, Personally- Further Notes on Life, Fourth Estate- Harper Collins Publishers, 2013, p 45. 3 Ibid, 78. 276 “Quit ya whinging and get on with it!”- Employers, Sexual Harassment and Reporting Trends In discussing the issue of workplace sexual harassment, the majority of employers and senior managers in this study (80%) expressed ambivalence, accepting that this nature of behaviour happens but that it is often behaviour ‘best ignored’. In a similar way, a very high proportion (83% of 18 employer respondents to the question) believed that a woman contributed to her own victimisation as being sexually harassed. Commonwealth Sex Discrimination Commissioner, Elizabeth Broderick, regards this research finding as the most ‘deeply disturbing.’4 The findings of the case analysis in chapter six also showed that almost half of the rural employers (45%) were deemed liable for the actions of their employees. This was compared with approximately one third of the urban employers in the cases. Against this discouraging backdrop, the findings about trends in disclosing sexual harassment contained in chapter seven were unsurprising. These statistics showed that just over one third (35.7%) of women expressed a willingness to disclose incidents of sexual harassment to a more senior member of staff. When senior managers and employers spoke of the women who do choose to disclose sexual harassment they frequently referred to them with a sense of disdain. For example, some employers spoke of the ‘younger ones’ as 4 Broderick, above n 1. 277 being more eager to ‘speak up about what suits them’ and saw this as being demonstrative of a lack of gratitude for their job. In the same vein, senior managers and employers also expressed that what is ‘tolerable’ to them doesn’t appear to be ‘tolerable’ to a woman in her twenties. This is consistent with the recurring comment made by younger female employees that it is often ‘the older blokes that you have to watch.’ Employer attitudes towards young women ‘getting on their high horses’ and reporting sexual harassment may contribute to their ultimate silencing, particularly in view of the finding that the profile of the rural woman who is most likely to report sexual harassment in the workplace is well-educated, older, Anglo and in a relatively senior position. These entrenched employer attitudes require rigorous exploration and reformation as explained in the previous chapter and as summarised below. ‘A Breath of Fresh Air’- Changing Infiltrated Culture The findings contained in chapters seven, eight and nine of this Thesis are not surprising given the traditional Australian ethos which upholds male dominance as a norm in the bush landscape (see chapters three and four). It is widely acknowledged that the process of male bonding in masculine environments serves to exclude women from ‘understandings of mateship and what it means to be a mate.’5 The ‘default’ tendency for women to accept patterns of sexual harassment has been shown to further entrench the cultural norm to the point 5 James S Page ‘Is Mateship a Virtue?’ (2002) 37(2) Australian Journal of Social Issues 193, 195. 278 where bizarre behaviours become normalised in rural workplaces, thus making sexual harassment less easily identifiable by rural employees generally and ‘accidentally’ hindering change. As explained in chapter ten, a fundamental change in these workplace cultures is required to educate employees and employers about legislative and policy requirements. The huge majority of respondents who expressed the view that it is best to simply ‘ignore’ sexual harassment is evidence that people in the rural workplace need to learn more about what constitutes sexual harassment, its harmful effects and its remedies. This was further evidenced by the way that some respondents expressed ‘confused’ understanding about the experience of sexual harassment and who is at fault. The need for training in these policies and relevant laws has perhaps been largely under-estimated in rural workplaces on the whole. Given that some of most interesting findings in this study include the more narrow attitudes of employers regarding what constitutes sexual harassment, it is crucial that all members of the workplace receive training. Importantly, the attitudes from the most senior level frequently serve to set a workplace tone and infiltrate a culture. The following comment from a senior manager in mining, points to the need for clarity in managerial confidence about sexual harassment issues: ..you can’t be confident that a policy will control other people’s behaviour either. That is why we have laws and gaols. So no, I can’t say that I am confident. I am reasonably confident that the systems in place would support me during the complaints process. But part of that is also my own assertive behaviour because I know that I wouldn’t 279 put up with any rubbish. So I have an expectation of my workplace to support me if I say that I am being treated inappropriately. Whereas I think that a lot of women who have trouble in that regard are not as assertive and don’t push the system to support them. And this is one of those areas where the system will work for you- if you push it to. But it won’t if you don’t because it is not the path of the least resistance. (Senior Manager in Mining, ‘high’ rurality). However, beyond familiarising employers and employees with law, the modification of the collective understanding of what is ‘acceptable’ behaviour towards women in the workplace is a challenge that requires a widespread re- education of both rural men and women about the damage that sexualised behaviour has on the women’s wellbeing. It is not enough to merely present rural workers with ‘policy’ reminders. This process must involve re-diverting the strength of the ‘blokey culture’ to uphold and respect women’s status. In order to impact the workplace culture, this level of revolution needs to be spurred on by workers with a real and genuine awareness of this issue, including male champions of change. Another critical element in effecting change includes inspiring female rural employees to offer one another renewed support in a united adoption of a ‘zero-tolerance’ policy in the workplace. Ultimately, a radical shift in the entrenched attitudes and beliefs surrounding sexualised behaviour towards women is required. This process of enlightenment must be focused on empowering individuals to both recognise sexual harassment and to adopt a ‘zero-tolerance’ approach to its infiltration. A South Australian participant explained that part of the problem is a widespread lack of awareness of gendered harm: 280 I think within a broader rural community it is not always understood what appropriate behaviour is. There is a lack of awareness (Environmental Scientist, aged 44 years, low- moderate rurality). Of course, given the deeply entrenched masculine personality of many rural workplaces, the need for patience and perseverance in this process is also fundamental: I don’t think you can change culture overnight. You just have to keep working away at it (Vet, aged 45, female, average rurality). It is clear, though, that rural women have the patience to oversee this gradual transformation of bush culture. In chapter three, Russell Drysdale’s representation of The Drover’s Wife was discussed as depicting a woman who represents the ‘sturdy glory’ of rural women.’6 Indeed, the painting captures the essence of their formidability, perseverance and practicality: Drysdale’s is a bosomy, soft-eyed monolith, the race mother personified, out of her element but commanding it nonetheless…In a plain and sensible hat, she could be the last hope for regeneration and common sense. She could even be the continent itself..7 ‘Not the end of the story..’- Further Avenues for Research For the reasons identified above, this research offers a preliminary investigation into the prevalence, nature, reporting trends of sexual harassment in rural Australian workplaces, as well as canvassing the attitudes of employers and 6 Nikki Gemmell, ‘Hail, The Drover’s Wife’, Weekend Australian Magazine, (3 September 2011) 7 Don Watson, The Bush- Travels in the Heart of Australia, Penguin Group Australia, 2014, 100. 281 employees towards the same. There is clear scope for a larger prevalence study on this issue, to explore the themes embodied in this Thesis on a greater scale. It is also important that the reported sexual harassment cases continue to be appraised so as to enable a continued understanding of the judicial evaluation of these matters which, of course, impacts on legislative and policy interpretation. In the introductory chapter of this Thesis, it was explained that Aboriginal women perhaps encounter the most gruelling forms of oppression than any other sub-group in Australia. It was further explained that the experience of sexual harassment in this context warrants special research that was outside of the natural perimeters of this Thesis. Another area for future monitoring and appraisal is the effectiveness of the proposed strategies for effectuating cultural change. This would clearly require the implementation of systematic and regular studies to measure sexual harassment trends over time. The collection of data for this purpose may be achieved through wide-reaching surveys, interviews or focus groups every 5 years, for example. ‘Unflinching courage’- From Whispers to Voice Despite the ‘easiness of silence’, this Thesis has broken through the barriers and has created an audible rumbling for bush change. 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The Realities of Escaping Domestic Violence’, The Conversation (7 August 2014) You Gotta Be song lyrics (recorded by Des’ree, 1994) 306 Appendix One PARTICIPANT INFORMATION FORM FOR RURAL EMPLOYEES ‘Whispers from the Bush: The Workplace Sexual Harassment of Australian Rural Women’ PhD Candidate: Ms (Rachel) Skye Saunders LLB (UC), Graduate Diploma of Legal Practice (ANU) Faculty of Law, University of Canberra Supervisor: Professor Patricia Easteal AM, PhD Professor Faculty of Law, University of Canberra Project Aim This thesis will shed light on the impact of rurality and remoteness on the experience of workplace sexual harassment in Australia for both the employer and the employee. Benefits of the Project This research is largely focused on giving voice to the experiences of Australian employees and employers in rural areas across the nation. There is a special focus in my research on the issue of gendered harm in the workplace which may sometimes take the form of bullying or unwelcome/ unwanted conduct of a sexual nature. The findings of this research will not only assist employees and employers in 307 rural areas by creating an awareness of sexual harassment in rural Australia but will also inform law reform organisations, parliamentary committees, and government departments about the changes that should be implemented to ensure that working women in rural Australia enjoy a safe and harassment-free working environment. Employers may also benefit from this research in understanding the steps that they need to take to actively protect the interests and rights of women in the workplace. General Outline of the Project In-depth, face-to-face interviews will be conducted with approximately 50 rural employees and 50 rural employers from rural areas in different states and territories across Australia. The interview data will provide me with an overview of the workplace sexual harassment experience in rural Australia for both employers and employees. The research will then be used to write a “review” of the overall experience of sexual harassment in rural Australia, and will form the basis of three or four chapters in the final dissertation for my PhD. Participant Involvement Participants will be asked to participate in an in-depth face-to-face interview. The participants of this research may experience discomfort as a result of anxiety or inconvenience from having to participate in an interview. Therefore, 308 the project is a voluntary activity, and participants may refuse to answer a question, decline to take part or withdraw from the research at any stage without providing an explanation. Participants will also be provided with the name and contact details of a local counseling organisation at the interview Confidentiality No-one but the nominated researchers will have access to the material provided by the participants. Anonymity All data used in the results will be anonymous. If any kind of identification is required, pseudonyms will be used in order to make the information unidentifiable. The name of a participant’s town, occupation or any other potential identifier will also be anonymous where there is any possibility that its use might identify that person in the research. Data Storage All information collected will be saved in computer and external hard drive files. The computer and external hard drive files will be electronically password protected (password changed every month) and all identifiers will be removed. University of Canberra policy states that research data has to be stored for a minimum of five years. My electronic files will be stored at the University of 309 Canberra for this period of time and will be permanently deleted after the five year period has concluded. Ethics Committee Clearance This project has been approved by the Committee for Ethics in Human Research of the University of Canberra. Queries and Concerns If you would like to raise any queries in regards to the project, please direct them to either the Principal Researcher or the Supervisor. Contact details are as follows: Skye Saunders (Principal Researcher) Phone: (02) 6125 4652 or 0411 056 406 Fax: (02) 62015764 Email: [email protected] Professor Patricia Easteal (AM) (Supervisor) Phone: (02) 6201 5779 Fax: (02) 6201 5764 Email: [email protected] 310 Appendix Two INFORMED CONSENT FORM FOR ALL PARTICIPANTS Project Title: ‘Whispers from the Bush: The Workplace Sexual Harassment of Australian Rural Women’ Consent Statement I have read and understood the information about the research. I am not aware of any condition that would prevent my participation in this research and I agree to participate in this project. I have had the opportunity to ask questions about my participation in the research. All questions I have asked have been answered to my satisfaction. Name……………….………………..…....…...... … Signature…………...... ………… Date…………………..………………. A summary of the research report can be forwarded to you when published. If you would like to receive a copy of the report, please include your mailing address below. Name……………………………………..…….....…………………………………………….. Address……………………………………….………………………………………………… …………………….....… ……………………………………………...... 311 Appendix Three Interview Questions for Rural Employees: (The interview would commence following on from the following preliminary matters having taken place: - a warm greeting; - an explanation of the purpose and nature of the research and reminding the participant that despite the signing of the consent form the interview will be anonymous and any reference to their responses will be de-identified ; - a discussion about any questions that the participant may have at that point; - reminding the participant that they are not obliged to take part in the interview and may withdraw their consent at any time; - requesting that the participant read the Participant’s Information Sheet; - discuss any further questions that the participant may have at that point; - request that the participant sign the consent form if they are comfortable to proceed; - discuss the possibility of the interview being recorded for my purposes and explaining that this is not necessary and that I will only record if they feel comfortable with that happening; - interview commences and questions are as follows): What is your occupation? What types of tasks do you perform in your occupation? Where is your workplace located? Do you travel very far each day to and from work? What type of transport do you usually use to get to and from work? Does the nature of your work require that you travel or move to other sites in the course of performing your duties? What is the level of seniority that you hold in your workplace? How long have you been employed in your current position? How long have you worked for this employer in any capacity? How many people are employed in your workplace? 313 Are your colleagues predominantly male or female? Are your senior staff members predominantly male or female? What is your age? What is your marital status? What is your cultural background? What are your educational qualifications? Would you say that your workplace enjoys a harmonious/ happy culture? Why or why not? ….. (At this point I would then explain to the participant that I would like to work through a list of different types of behaviours with them. I would further explain that I would like to ask them whether they have either experienced or witnessed any of the behaviours either in their current rural position or in a previously held rural position). Have you experienced or have you observed another colleague experiencing any of the following unwelcome behaviours: 314 Experienced Type of Behaviour Experienced Witnessed in in previous Witnessed in in current current rural rural position: previous rural position: rural position: position:1 Yes/ No Yes/ No Yes/ No Yes/No Being subject to jokes in the workplace which have a rude, suggestive or distasteful punchline: Unwanted staring or leering in the workplace: Acts which assume the existence of a familiar relationship with a colleague (when in fact, there is no such familiarity)? (E.g. someone brushing up against you or tucking a piece of your hair behind your ear): Rude comments, insults or taunts in the workplace which have been sexual in nature? (E.g. describing legs as being ‘hot’ or making remarks about how ‘sexy’ someone is): Intrusive questions or statements about your private life in the workplace which have been sexual in nature? 1 Explain that we are talking about behaviours that take place in the course of employment and that this might be on-site, whilst travelling for work, or whilst elsewhere with a colleague. 315 (E.g. commenting on how often you engage in sexual relations): Being privy to posters, magazines or screen savers of a sexual nature displayed in your workplace: Receiving sexually explicit emails or text messages from a colleague: Being aware that someone is accessing sexually explicit material on the internet (or on their iPhone or iPad etc) in the workplace: Experiencing inappropriate advances or comments of a sexual nature by a colleague on a social networking site (such as Facebook): Requests for sex or repeated unwanted requests to go out on dates with a colleague: Acts of stalking by someone whom you work with: Obscene gestures or obscene comments by someone whom you work with: Unwanted physical touching or indecent exposure by someone whom you work with: Other acts of sexual 316 assault by someone whom you work with: Which of the behaviours listed in the first column above (if any) do you believe would constitute an act of sexual harassment? Which of the behaviours listed in the first column above (if any) do you believe would constitute an act of bullying? I would then note which of the above behaviours the participant has indicated that she has either experienced or witnessed. I would ask the participant if she would mind if I asked some more questions about each of those specific behaviours that she has identified. To this end, the following two sets of questions are specifically designed to explore the participant’s experience of either ‘experiencing’ any of the behaviours listed or ‘witnessing’ any of the behaviours listed. If a participant has both experienced and witnessed the behaviours listed I would walk her through both sets of questions. Have you ever experienced any of the above-listed behaviours in the workplace? If yes (as identified from the table earlier in the interview): What was the nature of the behaviour that you experienced? What types of feelings have you experienced as a result of having experienced the behaviour? Did you experience the behaviour in your current rurally based position or in a previously held rurally based position? (If the latter, please provide detail about: - the nature of that previously held position; - approximately how many people worked in that workplace; - the approximate composition of males to females in the workplace; and - the level of seniority that you had acquired in that position at the time that you were subjected to the identified behaviour). What was the workplace position of the person (or people) who was subjecting you to the behaviour? Where were you or where did you tend to be when the behaviour took place? (In the case of such behaviours as being subject to sexually explicit images in the workplace, where were the images located in the workplace)? 317 How frequently have you experienced that type of behaviour in the course of your employment? If the experience of the behaviour tends to be a frequent one for you, has it always the same person who subjects you to the behaviour (or have there also been other members of your workplace who have behaved this way towards you)? When (that is, what time of day) has the behaviour tended to occur? What has your immediate response to the behaviour been (that is, at the time of the behaviour having taken place)? To your knowledge, have any other people witnessed the behaviour towards you? Have discussed the behaviour with any other person such as a colleague, partner, friend or employer (whether or not that person witnessed the behaviour)? What are your reasons for choosing to discuss or choosing not to discuss the behaviour with anyone else? If you have chosen to discuss the behaviour, what was the position of the person who you discussed the behaviour with? What was that person’s response to you when you told them about the behaviour? Were there any policies about sexual harassment in your workplace that you were aware of at the time of having experienced the behaviour? If there were not any policies at that time, have sexual harassment policies since been introduced in your workplace that you are aware of? If there are sexual harassment policies in your workplace that you are aware of, how do you know about these policies? Are staff members made aware of these policies in any special way? Do you think these policies have been effective in your workplace? Why/ why not? Have you made a verbal or written complaint (internally) about the behaviour (identified earlier) to the person in your workplace in charge of receiving such reports (such as an employer, a human resource officer or a senior staff member)? If you have not made a verbal or a written complaint internally about the behaviour, what are your reasons for choosing not to do this? (For example, fear of job loss or not being taken seriously or community gossip, etc). 318 If you have made a verbal or written formal complaint internally about the behaviour, what was your experience of the reporting process (including the response of the person to whom you made the report)? Did you notice any alterations in the attitudes of other staff members generally towards you during the internal complaint process? Did you notice any alterations in the attitude of the person who exhibited the behaviour towards you during the internal complaint process? What was the attitude of your employer towards you during the internal complaint process? What was the outcome of the internal complaint process? Do you feel that the internal complaint process was beneficial/ effective? Why or why not? Have you made any external complaint about the behaviour (to the Australian Human Rights Commission, for example)? If you have made an external complaint about the behaviour, what were your reasons for having done so? If you have made an external formal complaint about the behaviour, what was your experience of the reporting process (including the response of the person to whom you made the report)? Did you notice any alterations in the attitudes of other staff members generally towards you during the external reporting process? Did you notice any alterations in the attitude of the person who exhibited the behaviour during the external reporting process? What was the attitude of your employer towards you during the external reporting process? What was the outcome of the external reporting process? Do you feel that the external reporting process was beneficial/ effective? Why or why not? Have you taken any other action (such as a less formal action) in response to the behaviour? If yes, what was that action? At this point, what has been the overall outcome of the situation? (E.g. has the behaviour stopped, has the behaviour intensified, have the attitudes of your colleagues affected your sense of wellbeing, etc). 319 Have you ever witnessed another colleague being subject to any of the above-listed behaviours in the workplace? If yes (as identified from the table earlier in the interview): What was the nature of the behaviour that you witnessed? What was the gender of the person whom experienced the behaviour that you witnessed? Did you witness the behaviour in your current rurally based position or in a previously held rurally based position? (If the latter, please provide detail about: - the nature of that previously held position; - approximately how many people worked in that workplace; - the approximate composition of males to females in the workplace; and - the level of seniority that you had acquired in that position at the time that you were subjected to the identified behaviour). What were the respective positions of the staff members who were involved in the incident(s)? Where in the workplace did the behaviour take place? At approximately what time of day did you witness the behaviour? What was your immediate response (if any) at the time that you witnessed the behaviour? What were your reasons for having immediately responded (or not) to the behaviour in the way that you did? Did anyone else witness the behaviour? If yes, what was that person’s workplace position? What was the immediate response of the person who also witnessed the behaviour? Did you feel that it was appropriate for you to take any further action (such as speaking to the person who experienced the behaviour or the person exhibiting the behaviour or reporting the behaviour) following the behaviour that you witnessed? What were your reasons for taking further action in that way (or for not taking further action)? 320 Has the employee who experienced the behaviour that you observed been eager for the matter to be dealt with formally (either internally or externally)? Why or why don’t you think that is? At this point, what was the outcome of the situation? (E.g. have you not witnessed the type behaviour since, have you witnessed more of the same behaviour, have the attitudes of other workers been affected by the behaviour, etc). Is the observed behaviour (or are other similar behaviours) an ongoing problem in the workplace as you understand it? ….. Are you confident that you will be free of workplace sexual harassment in the future? Why/ why not? Do you feel that there are any major barriers that would prevent women from reporting incidents of sexual harassment that take place in rural and remote parts of Australia? If yes, what are those major barriers that you can see which might cause women to elect not to report incidents of sexual harassment in rural areas? Would you like to comment further about anything at this point? ….. Following on from the completion of the questions I would: - thank the Participant; - remind them of the details of local counselling services (including the provision of a phone number); - remind them of my contact details in case they should wish to discuss anything further. 321 Appendix Four Interview Questions for Rural Employers: (The interview would commence following on from the following preliminary matters having taken place: - a warm greeting; - an explanation of the purpose and nature of the research and reminding the participant that despite the signing of the consent form the interview will be anonymous and any reference to their responses will be de-identified ; - a discussion about any questions that the participant may have at that point; - reminding the participant that they are not obliged to take part in the interview and may withdraw their consent at any time; - requesting that the participant read the Participant’s Information Sheet; - discuss any further questions that the participant may have at that point; - request that the participant sign the consent form if they are comfortable to proceed; - discuss the possibility of the interview being recorded for my purposes and explaining that this is not necessary and that I will only record if they feel comfortable with that happening; - interview commences and questions are as follows): What is your occupation? What types of tasks do you perform in your occupation? What is the level of seniority that you hold in your workplace? How long have you been employed in your current position? How long have you worked for this employer in any capacity? How many people are employed in your workplace? Are your staff members predominantly male or female? Are your senior staff members predominantly male or female? Where is your workplace located? Does the nature of your work require that you and/ or other staff members travel or move to other sites in the course of carrying out duties? What is your age? 323 What is your cultural background? What are your educational qualifications? Would you say that your workplace enjoys a harmonious/ happy culture? Why or why not? (At this point I would then explain to the participant that I would like to work through a list of different types of behaviours with them. I would further explain that I would like to ask them whether they have ever had a discussion with a staff member (or received written correspondence from a staff member) about any of the following behaviours which the staff member was said to have experienced. I would explain that I would also like to ask whether the participant has ever witnessed any of the following behaviours. I would indicate that their experiences can be drawn from their experience in their current rural position or in a previously held rural position). Have you had communications with a staff member about their experience of any of the following behaviours or have you ever observed any of the following behaviours to have taken place in the workplace: 324 Type of Behaviour Have Have Have Have discussed2 a witnessed discussed a Witnessed staff this behaviour staff this behaviour member’s in current member’s in previous experience of rural position: experience of rural position: the behaviour the behaviour in the course in the course of of participant’s participant’s current previous position:3 rural position: Yes/ No Yes/ No Yes/No Yes/ No Being subject to jokes in the workplace which have a rude, suggestive or distasteful punchline: Unwanted staring or leering in the workplace: Acts which assume the existence of a familiar relationship with a colleague (when in fact, there is no such familiarity)? (E.g. someone brushing up against you or tucking a piece of your hair behind your ear): Rude comments, insults or taunts in the workplace which have 2 NB- explain that ‘discussed’ might also include written communications in this context. 3 NB- explain that we are talking about behaviours that take place in the course of employment and that this might be on-site, whilst travelling for work, or whilst elsewhere with a colleague. 325 been sexual in nature? (E.g. describing legs as being ‘hot’ or making remarks about how ‘sexy’ someone is): Intrusive questions or statements about your private life in the workplace which have been sexual in nature? (E.g. commenting on how often you engage in sexual relations): Being privy to posters, magazines or screen savers of a sexual nature displayed in your workplace: Receiving sexually explicit emails or text messages from a colleague: Being aware that someone is accessing sexually explicit material on the internet (or on their iPhone or iPad etc) in the workplace: Experiencing inappropriate advances or comments of a sexual nature by a colleague on a social networking site (such as Facebook): Requests for sex or repeated unwanted requests to go out on dates with a colleague: Acts of stalking by someone whom you work with: 326 Obscene gestures or obscene comments by someone whom you work with: Unwanted physical touching or indecent exposure by someone whom you work with: Other acts of sexual assault by someone whom you work with: Which of the behaviours listed in the first column above (if any) do you believe would constitute an act of sexual harassment? Which of the behaviours listed in the first column above (if any) do you believe would constitute an act of bullying? I would then note which of the above behaviours the participant has indicated that he or she has either discussed with an apparently aggrieved staff member or witnessed between staff members. I would ask the participant if she or he would mind if I asked some more questions about each of those specific behaviours that they have identified. To this end, the following two sets of questions are specifically designed to explore the participant’s experience of either ‘discussing’ any of the behaviours listed with an aggrieved employee or ‘witnessing’ any of the behaviours listed in the workplace.. If a participant has both experienced and witnessed the behaviours listed I would walk her through both sets of questions. Have you ever had a discussion with a staff member (or received a written piece of correspondence) about any of the above types of behaviours which that staff member was said to have experienced in the workplace? Note that if the participant indicates that they received a written explanation of the behaviour I would ask the same set of questions but tailor them to reflect the different form of communication. If yes: What was the nature of the behaviour that the staff member spoke with you about in the discussion? What was the gender of the person with whom you had the discussion? 327 What was the workplace position of the person with whom you had the discussion? Where did you have your discussion with the staff member about the behaviour which they said to have experienced? Where in the workplace did the staff member indicate that the behaviour took place? How long ago did the staff member indicate that the behaviour took place? At approximately what time of day did the staff member indicate that they experienced the behaviour? Did the staff member indicate that anyone else witnessed the behaviour that they spoke to you about? If yes, what were those people’s workplace positions? How did you respond to the staff member in the discussion about the behaviour which they said to have experienced? Was any further action by you in response to the incident necessary? If so, what was the action? What were your reasons for taking further action in that way (or for choosing not to take further action)? Is the reported behaviour an ongoing problem in the workplace as you understand it? Do you have any workplace policy that deals with the issue of sexual harassment? What are your reasons for having this policy in place (or for electing not to)? If there is no policy in place: If you have elected not to have such policy in the workplace at this point do you have any future plans to implement a sexual harassment policy in the future? Why/ why not? If you do have plans to implement policies in the future, where will you look for guidance about what to put into the policies? Are you aware of the existence of available resources for employers such as the Australian Human Rights Commission’s suggested Code of Conduct4 for workplaces? 4 Mention that it is available at www.hreoc.gov.au 328 If there is a sexual harassment policy in place: If there is a policy of this nature in place in your workplace, is it a written policy or otherwise? What were the resources that were used to assist in forming the policy? Are you aware of the existence of available resources for employers such as the Australian Human Rights Commission’s suggested Code of Conduct5 for workplaces? When did your workplace introduce the policy? What were the main reasons for introducing the policy? Do you think that employees in your workplace know about the existence of the policy? Why or why not? Where do you keep the sexual harassment policy? (That is, where is the policy located?) Are there any steps that you have taken (or plan to take) to ensure that your employees are aware of the policy? If so, what type of steps? Do you think the policy has been an effective and useful tool in your workplace? Why/ why not? Was the policy helpful when you were discussing the staff member’s experience of one of the above-listed behaviours? Why/ why not? ….. What is your understanding of the extent to which an employer can be responsible for incidents of sexual harassment in the workplace? What is your understanding of the steps that an employer should take (if any) in the workplace to limit the sexual harassment? Have you ever been advised that a staff member had taken external action (such as reporting behaviour to the Australian Human Rights Commission) in relation to behaviour that she had experienced in the workplace? If so, what was the nature of your experience in working through that incident with AHRC (or other external body)? 5 Mention that it is available at www.hreoc.gov.au 329 Also if so, how did you approach the issue with the staff member who made the report? And was it necessary to take any specific steps in relation to the issue with the person whose behaviour was the source of the report? If so, what were those steps? Finally, what was the outcome of the external action taken by the staff member? ….. Have you ever witnessed or heard about any of the above-listed behaviours in your workplace (between staff members)? Note that if the participant indicates that they heard about any of the listed behaviours (rather than witnessing the behaviour first hand) I would ask the same set of questions as those listed below but I would tailor them to reflect the different circumstance. If yes: Did you witness the behaviour or did you hear about the behaviour? If the latter, how did you hear about the behaviour? What was the nature of the behaviour that you witnessed? What was the gender of the person whom experienced the behaviour that you witnessed? Did you witness the behaviour in your current rurally based position or in a previously held rurally based position? (If the latter, please provide detail about: - the nature of that previously held position; - approximately how many people worked in that workplace; - the approximate composition of males to females in the workplace; and - the level of seniority that you had acquired in that position at the time that you were subjected to the identified behaviour). What were the respective positions of the staff members who were involved in the incident(s)? Where in the workplace did the behaviour take place? At approximately what time of day did you witness the behaviour? What was your immediate response (if any) at the time that you witnessed the behaviour? 330 What were your reasons for having immediately responded (or not) to the behaviour in the way that you did? Did anyone else witness the behaviour? If yes, what was that person’s workplace position? What was the immediate response of the person who also witnessed the behaviour? Did you feel that it was appropriate for you to take any further action (such as speaking to the person who experienced the behaviour or the person exhibiting the behaviour or reporting the behaviour) following the behaviour that you witnessed? What were your reasons for taking further action in that way (or for not taking further action)? Does your workplace have a policy which deals with such issues as sexual harassment? (At this point I would take the participant through the questions above about the existence and nature of workplace sexual harassment policies if the participant has not already worked through the set of questions under the first overarching question). Has the employee who experienced the behaviour that you witnessed been eager for the matter to be dealt with formally (either internally or externally)? Why or why don’t you think that is? What has been the outcome of the situation to date? (E.g. have you not witnessed the type behaviour since, have you witnessed more of the same behaviour, have the attitudes of other workers been affected by the behaviour, has the staff member who experienced the behaviour filed an external complaint etc). Is the type of behaviour that you witnessed an ongoing problem in your workplace as you understand it? ….. At this point I would take the participant through the above questions about what they understand about the extent to which an employer needs to take steps to protect employees from sexual harassment in the workplace. (See the set of questions immediately after the ones dealing with policies in the workplace). ….. Are you confident that your workplace will be free of sexual harassment in the future? Why/ why not? 331 Do you feel any pressure from outside sources (such as your rural community or the media) to respond to reports of sexual harassment in any particular way? Why/ why not? Do you feel that sexual harassment is a ‘big issue’ in rural Australia? Why/ why not? Do you feel that there are any major barriers that would prevent women from reporting incidents of sexual harassment that take place in rural and remote parts of Australia? If yes, what are those major barriers that you can see which might cause women to elect not to report incidents of sexual harassment in rural areas? Would you like to comment further about anything at this point? At this point I would thank the Participant and remind them of my contact details in case they should wish to discuss anything further. 332