COMMENT | Sexual harassment must be viewed seriously, and there must be sufficient evidence to substantiate the allegation. The standard of proof to establish a criminal charge of sexual offences such as rape, attempted rape, or other forms of sexual assault is beyond a reasonable doubt.
Whilst the civil standard involving workplace sexual harassment is on a balance of probabilities. This means that where the alleged sexual harassment complaint is lodged with the company, the onus shall always be on the complainant to prove, on a balance of probability, that the assailant committed such acts by relying on her evidence and that of other witnesses.