Chuck firm on fine for frivolous sexual harassment claims despite unease
AS the Joint Select Committee (JSC) on the Sexual Harassment Bill continues its deliberations, indications at this point are that the fine for making a false claim will not be lowered, as is being proposed by at least one advocacy group.
Girls Who Know Ja (GWK Ja), in its presentation to the JSC at Gordon House yesterday, called for a reduction in the fine, which could see a penalty of up to $1 million being levied on individuals deemed to have made a frivolous claim before the tribunal.
The Bill proposes to direct claims to a division of the Industrial Disputes Tribunal, set up to handle sexual harassment matters.
The group said the possibility of facing a $1-million fine could discourage individuals who have been victimised. It also said that the fine against those accused of making untrue claims should be much lower than the fine against alleged perpetrators.
GWK Ja representatives pointed out that there are numerous situations in which women and men make genuine claims for sexual harassment and sexual assault, but their complaints are deemed false. The group said a $1-million fine, in instances such as these, would be too onerous.
But Minister of Justice Delroy Chuck argued that some individuals may be deserving of the fine, stressing that the tribunal would use its discretion in determining an appropriate penalty.
He emphasised that the intent of the fine is to deter individuals from committing the offence, and that the amount itself is inconsequential.
“I don’t think it matters if you put 10 dollars, 100,000 or half a million — the idea is for it to be a deterrent against false complaints,” he said.
The justice minister said, too, that it is not expected that in the average case, the maximum fine would be imposed.
“There might be cases where the fine of a million dollars is appropriate, because it is clear on the evidence where this complainant meant to destroy the reputation of the person against whom he or she is making the complaint... but if you have average cases where it turns out that the victim genuinely believes that he or she was sexually harassed, and it turns out that the tribunal does not agree, I don’t expect that the tribunal is going to impose a hefty fine,” he insisted.
Government Senator Natalie Campbell-rodriques disagreed, arguing that while a fine is necessary, there is no guarantee that the maximum fine would never be imposed.
“The tribunal is going to use a subjective measure to decide whether or not to impose the fine, and while sitting here we cannot see a rational tribunal putting a fine of $900,000 to a million [dollars] on anyone, we cannot be assured that that will never happen,” she stated.
Campbell-rodriques added that the fines appear to be equating the offence of frivolous claims to that of sexual harassment.
“I think that is where the problem lies. The deterrent has to exist, so if we are keeping the $1 million, the fine that a perpetrator has should be bigger than that,” she insisted.
Colleague Senator Saphire Longmore pointed out that while the subjectivity in the legislation is clear, all potential victims must be protected and a balance must be struck on both sides. She said that there are provisions, which in certain unique circumstances, can facilitate arguments for fines to be lowered.
The JSC, which is chaired by Minister of Culture, Gender, Entertainment and Sport Olivia Grange, is hearing submissions from various interest groups on the Sexual Harassment Act (2019), with a view to making amendments to the law.