The House of Representatives on Wednesday approved a bill imposing a maximum 14-year jail term on lecturers and school officials convicted of sexual harassment against students in higher education institutions.
The legislation, titled “A Bill to Prevent, Prohibit and Redress Sexual Harassment of Students in Tertiary Educational Institutions and for Related Matters,” passed its third reading following the presentation of a report by House Leader, Prof. Julius Ihonvbere.
According to the bill, “Any individual found guilty of offences outlined in Clauses 4 (1), (2), and (3) will face a prison sentence ranging from 5 to 14 years without an option for a fine.” For offences listed in Clauses 4 (4), (5), and (6), the bill specifies imprisonment of 2 to 5 years, also without the possibility of a fine.
The bill further defines sexual harassment as any unwelcome physical or verbal contact of a sexual nature by an educator toward a student or prospective student, or the creation of a hostile environment through inappropriate sexual advances or requests for sexual favors. Additionally, offences include verbal or non-verbal remarks or gestures of a sexual nature, body-shaming, or any behaviour aimed at humiliating a student based on physical appearance. Persistent following or unwanted attention that creates fear or discomfort for a student also qualifies as harassment.
The legislation clarifies that student consent cannot serve as a defence where a power imbalance exists between the educator and the student. However, it provides a legal exception if the educator and student are legally married.
