Sexual Violence and Sexual Harassment

Sexual violence is rape, assault by penetration, sexual assault or causing someone to engage in sexual activity without consent.

Sexual harassment is unwanted conduct of a sexual nature.

Harmful sexual behaviour is problematic, abusive and violent behaviour by a child or young person that is developmentally inappropriate and may cause developmental damage.

Adapted from Keeping Children Safe in Education

Consent is about having the freedom and capacity to choose (saying yes when being pressured, coerced, or threatened is not consent). Consent to sexual activity may be given to one sort of sexual activity but not another, e.g., to vaginal but not anal sex, or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs.

• A child under the age of 13 can never consent to any sexual activity.
• The age of consent is 16.
• Sexual intercourse without consent is rape.

Anyone can experience sexual harassment and violence, but some children and young people are more vulnerable, including:

• Girls - records show girls are disproportionately affected. How Safe are Our Children? found 90% of recorded offences of rape in 13 to 15-year-olds were committed against girls.
• Children and young people who are, or are perceived to be, lesbian, gay, bi-sexual or transgender (LGBT). 
• Children and young people with Special Educational Needs and Disabilities (SEND).

Sometimes children and young people, or their friends, report sexual violence or harassment. At other times staff may observe something of concern and intervene.

Often, children and young people don't share their experiences. Staff should be aware of the possible signs and talk to their safeguarding lead about how to begin a conversation.

Children and young people may feel angry, upset, stressed, worried, scared and confused, and might:

• experience flashbacks
• have difficulty sleeping and night terrors
• have anxiety
• find it difficult to concentrate
• block out the memory and/or avoid remembering what happened
• be unable to remember exactly what happened
• find it difficult to trust people
• think that no one else understands them
• relive the experience of sexual abuse.

Some children and young people may not perceive they are being abused or harassed and need support, through sex and relationships education, to understand their experiences. However, sometimes lessons about sex, relationships and consent, could bring back bad memories that are difficult to deal with.

The Ofsted review of sexual abuse in schools and colleges recommends that schools, colleges and multi-agency partners act as though sexual harassment and online sexual abuse are happening, even when there are no specific reports. It found, concerningly, that for some children and young people, incidents are so commonplace that they see no point in reporting them.

The Our Streets Now Survey found 76% of pupils don’t feel confident reporting incidents of public sexual harassment to staff, and 72% of the pupils who did report said they received a negative response.

It’s crucial that children and young people get the right response immediately from the adults they approach.

• Concerns, whether observed or disclosed, should be taken seriously and reported to the designated safeguarding lead without delay.
• Be aware of additional vulnerabilities – are there children at your setting who may be particularly vulnerable to sexual violence and/or sexual harassment? Could they benefit from early intervention?
• Consider the child’s lived experiences. Build and use your relationships with children and young people to understand what’s happening in their community (in school, locally and online). Be aware of the strong influence of peers and social media.
• Listen to/observe the ‘voice’ of the child. Children and young people often find it difficult to speak about their experiences – what is their behaviour trying to tell you? Work with them to build trust and be a safe person for them to come to when needed.
• Don’t assume the concern has already been reported by someone else.
• Take immediate action to keep children and young people safe.
• Provide reassurance and support to everyone involved. It’s essential that all victims are reassured that they are being taken seriously, regardless of how long it has taken them to come forward. They should never be made to feel ashamed for making a report or have their experience minimised.
• Don’t promise confidentiality, but do explain that only people who need to know will be told.
• Listen carefully, reflect back, be non-judgemental and don’t ask leading questions. Guidance recommends having two people present if possible.
• Write up a thorough factual summary after the child or young person has finished, using their own words as much as possible.
• If there is an online element (such as pictures or videos), do not view or forward this – you may refer to DfE advice on searching, screening and confiscation, and UKCIS Sharing nudes and semi-nudes: advice for education settings working with children and young people guidance.

Follow part five of Keeping Children Safe in Education and consider the most proportionate response, in consultation with the child or young person who experienced the abuse, and their parents or carers.

The response must include a risk assessment around the potential for reoccurrence, taking particular care to ensure the child or young person is safe from further abuse or reprisals, that other children or young people are protected, and that the alleged harmful child is receiving appropriate support. Action in some circumstances must involve children’s social care and/or the police.

It’s crucial staff are aware of behaviour that constitutes sexual violence or harassment and do not minimise or dismiss concerns. All staff should be aware of how to support children and young people and how to manage a safeguarding report from a child or young person.

Ofsted’s review of sexual abuse in schools and colleges revealed that many settings underestimated the scale of sexual harassment and online sexual abuse.

Some settings dealt with incidents in an isolated way, without considering the context and wider safeguarding risks, such as risks to other children and young people, unsafe spaces within the setting, peer power dynamics and unhealthy peer cultures.

Children and young people reported feeling disillusioned, embarrassed and left at risk of significant harm because of failures in their settings.

Ensure staff receive training on what to look for and practise how to respond. Such training should focus on improving outcomes for children and young people, be underpinned by robust evidence and expertise, include collaboration and expert challenge, and be sustained over time. Scenario work is effective in helping staff embed their learning.

It's essential that all victims are reassured that they are being taken seriously and that they will be supported and kept safe.

A victim should never be given the impression that they are creating a problem by reporting sexual violence or sexual harassment. A victim should never be made to feel ashamed for making a report.

Depending on the level of concern raised, and the needs of the children and young people involved, support may include that from the setting’s pastoral support team, early help services or more specialist support, such as counselling.

Whatever the setting’s response, it should be underpinned by the principle that sexual violence and sexual harassment is never acceptable, will not be tolerated and that all the children and young people involved (including the instigators of harm) will need support.

Settings should have access to specialist support about harmful sexual behaviour to contribute to their training, and to help them support children and young people where appropriate. There should also be access to specialist counselling or support for children and young people involved in concerning incidents.