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The House of Representatives passed a significant bill on Wednesday that mandates a maximum 14-year prison sentence for lecturers and school administrators found guilty of sexual harassment against students in tertiary institutions.
Titled “A Bill to Prevent, Prohibit and Redress Sexual Harassment of Students in Tertiary Educational Institutions and for Related Matters,” the legislation was approved following a report presented by House Leader Prof. Julius Ihonvbere.
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According to the bill, individuals convicted of the offences outlined in Clause 4 (1), (2), and (3) will face felony charges and can be sentenced to imprisonment for up to 14 years, with a minimum term of 5 years and no option for a fine. Those found guilty of offences listed in Clause 4 (4), (5), and (6) face up to 5 years in prison, with a minimum of 2 years, also without an option for a fine.
The legislation defines sexual harassment in educational settings as any unwelcome physical or verbal conduct of a sexual nature directed at a student or prospective student, including demands for such conduct regardless of consent.
It also includes creating a hostile or intimidating environment through unsolicited sexual advances or requests for sexual favors.
Additional offences covered by the bill include making sexual remarks, gestures, or comments that demean, humiliate, or body-shame a student based on appearance, as well as stalking or any unwanted attention that causes fear or discomfort.
Importantly, the bill states that consent cannot be used as a defense if a power imbalance exists between the educator and the student.
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However, it does specify that being legally married to the student can serve as a defense against any charges under this legislation.
