What is sexual assault? 

Sexual assault refers to sexual contact or behavior that occurs without the explicit consent of the victim.

• Consent is a clear and unambiguous agreement to engage in a particular activity, expressed outwardly through mutually understandable words or actions. 

• Consent is reciprocal and free of force. 

• Minors cannot give consent. 

• Someone incapacitated due to drugs, alcohol, or other substances use cannot give consent.

• What impacts consent?

• Force, which can be physical, psychological, or emotional. 

• Examples include but are not limited to grabbing, touching, manipulation, stalking, exposing oneself, holding someone down, using weapons, verbal threats, peer pressure, blackmail, guilt, and coercion.

• Power dynamics that exist in relationships impact consent -- between employee/employer or manager, salesperson/wine purchaser, delivery person/customer, mentor/mentee, teacher or proctor/student.

What is sexual harassment?

Sexual harassment in the workplace is prohibited by law. There are two types of sexual harassment: quid pro quo and a hostile work environment. 

• Quid pro quo sexual harassment is when a term or condition of employment is contingent upon the acceptance of unwelcome sexual behavior. 

• A hostile work environment arises when an employee experiences unwelcome physical or verbal harassment based on race, ethnicity, gender, sexuality, or body type that is so severe or pervasive as to alter the employee's working conditions or create an abusive work situation.

• Sexual harassment’s illegality is only codified under the law in employment settings but is unacceptable in any setting, including mentorship, education, and other work-adjacent and professional environments.
  
  

How do sexual harassment and assault manifest in the wine industry?

• Derogatory or unwelcome comments about appearance, gender, or sexuality from owners, managers, colleagues, and customers.

• Tying tasting appointments/sales to unwanted sexual behavior. Linking mentorship or education to unwanted sexual behavior. 

• Pressuring colleagues, especially when there is a power imbalance, to engage in unwelcome sexual behavior, normalizing this behavior to the extent that victims are unaware of any wrongdoing. 

• Pressuring interns and workers to take their clothes off to perform any work related activity. 

• Continuing to work with/employ wine industry professionals who have perpetrated sexual harassment, assault, or discrimination. 

• Penalizing workers who have been sexually harassed or assaulted.

• Retaliation against people who make complaints about sexual harassment/assault. 

• Sexually taking advantage of intoxicated people; this is rape.

• Using intoxication as an excuse for non-consensual sex; this is rape.