If someones makes fun of your penis size is that sexual harrasment?

Asked about 2 years ago - Oyster Bay, NY

I have been called names such as tic-tac and other names due to my supposed penis size.

Additional information

People I know in my school decided it would be funny to call me tic-tac because they think I have a small penis. I have never shown them however therefore it is assumed. They have been calling me tic-tac for almost 3 years. Would this qualify as asexual harassment or basis to file a lawsuit.

Attorney answers (5)

  1. Arthur H. Forman

    Pro

    Contributor Level 17

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    Answered . High school can be rough, and the bad news is that life after high school is not always better. You need to deal with problems, and you've taken the best first step which is to ask for advice. My advice is the classic response. There are ways to deal with insults other than violence. Find some one to talk about it with, get a book from the library, and then get creative.

  2. Benjamin J Lieberman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Who is the someone and in what context were the comments made? I don’t necessarily think this is a criminal defense question.

  3. Richard C. Southard

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . This is not a criminal defense question. You may want to add some facts as to the relationship between the parties to see if it is even a civil question. My guess is it's not.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  4. Robert L Mauro

    Contributor Level 12

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    Lawyers agree

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    Answered . How would anyone know the size of your penis for them to make fun of it?

  5. Marilynn Mika Spencer

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

    It isn't clear if you are an employee at the school or a student, or if the person making the comments is a peer (co-worker or fellow student) or someone else. Guessing that you are a student and that the comments are being made by another student, I've shared your question with the education law forum, where your question may be seen by more attorneys who practice in this area of the law. Some states have specific laws regarding school bullying.

    The comments might be sexual harassment if the are repeated. A one-time comment is probably not sexual harassment BUT may be against school rules. I suggest you report these comments to your school's sexual harassment office, if there is one. If not, report it to the campus ombudsman, counselor, or another adult.

    One thing to consider is that if this other student is a bully, he or she may just change the type of harassment from commenting on your penis size to calling you a whiner or tattle tale, or some other thing. It's hard to deal with bullies, especially when you see them at school over and over again. Bullies pick on others who seem like easy targets: shy students, students who are "different," etc. If this is your situation, I encourage you to talk to the school counselor about this.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more

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