Question from a reader:
Is touching the body of someone of the same sex, particularly their butt, considered sexual harassment? I’m curious about what situations might be problematic, so please let me know.

Is Touching Someone of the Same Sex Sexual Harassment? A Legal Perspective

Hello, everyone! Today, I want to talk about a somewhat delicate topic. Specifically, the question of
whether touching the body of someone of the same sex, particularly their butt, constitutes sexual harassment. There are various situations around us, ranging from light touches among friends to more intimate interactions. However, this raises a question: “How far is acceptable?”

What is the Definition of Sexual Harassment?

First, let’s clarify what sexual harassment is. Sexual harassment is generally known as “sexual misconduct.” This refers to unwanted sexual contact, comments, or behavior directed at another person. In Japanese law, sexual harassment is particularly scrutinized in workplace environments, but it can also occur among friends or in private settings. The key point here is “the other person’s will.” If the other person feels uncomfortable, it is highly likely that it will be considered sexual harassment. Conversely, if the other person consents or willingly accepts the behavior, it does not constitute sexual harassment.

Let’s Consider Specific Situations

Let’s think a bit more concretely. For example, if you go out drinking with a friend and, in a drunken moment, you touch your friend’s butt, the first thing to consider is whether your friend is okay with that behavior. If your friend laughs and accepts it, it might be brushed off as a light joke. On the other hand, if your friend is surprised or feels uncomfortable, that action could be considered sexual harassment. The key point here is to carefully observe the other person’s reaction. It’s important to pick up on their feelings through their words and actions.

From a Legal Perspective

From a legal standpoint, there are various regulations regarding sexual harassment. Japan’s sexual harassment prevention law clearly prohibits sexual harassment in the workplace, but there are no clear standards regarding relationships among friends. However, generally speaking, actions that cause discomfort should be avoided. Particularly in the absence of consent, the risks are high. Using specific legal terminology, this could be termed “non-consensual sexual contact,” which could be treated as “sexual violence.” It is crucial to understand that any action that disregards the other person’s will is unacceptable, regardless of the reasons.

The Borderline Between Friendship and Sexual Harassment

Now, a question arises: “Where is the borderline between friendship and sexual harassment?” This is a very difficult issue that heavily depends on the relationship and communication style between the individuals involved. For example, with a long-time friend, a little joking or touching might be acceptable. However, with a friend you just met or someone you are not very close to, you should be more cautious. When the relationship is shallow, it is particularly important to respect the other person’s feelings.

The Relationship with Emotions

From my own experience, I believe emotions play a significant role. With close friends, there are many situations where light touches can be laughed off. However, on the other hand, there may be times when the other person feels uncomfortable for some reason. This is particularly challenging. Humans are emotional beings, so it is essential to understand both your own feelings and those of the other person. Acting without considering the other person’s feelings can lead to damaging the friendship.

Conclusion

In conclusion, whether touching the body of someone of the same sex, particularly their butt, constitutes sexual harassment depends on several factors. It varies based on the other person’s consent, the relationship, and the situation. The most important thing is to respect the other person’s feelings and act cautiously. Of course, light touches among friends can be enjoyable, but it is necessary to consider what that means to the other person. Being aware of how your actions affect others is the first step toward building better relationships. I encourage you all to think about this as you build your relationships with friends. A little consideration and understanding are necessary to maintain a comfortable relationship for both parties.