It's time we talked about the difference between sexual harassment and sexual assault.

Although they often have similarities and sometimes can be both at once, generally they are different types of legal claims which therefore require different complaint processes.

We need to talk about this if only to educate those who in the last week have insisted that Catherine Marriott should have gone to the police with her sexual harassment complaint.

In my opinion, to suggest by implication that unless Ms Marriott makes a complaint to the police her sexual harassment allegations must be untruthful, is a blatant attempt to manipulate the general public confusion about what sexual harassment actually is, and how it should be approached.

On that front, I'd like to set the record straight.

No obligation to report to police

With all of the media and public commentary around sexual harassment and assault, there appears to be a great deal of confusion about what exactly each is.

Sexual harassment is different from sexual assault.

Although sexual harassment is against the law, it is generally not a crime, so there is no obligation to report it to the police. In fact, if you tried to report it to the police, I expect that more often than not they may tell you to direct the complaint to the workplace or business, where it occurred.

Catherine Marriott says she wanted to hold Barnaby Joyce accountable. ( ABC Rural: Vicky Biorac )

Sexual harassment is often verbal but it can also be written in an email, said to you on Facebook or said to someone else about you.

It's a "nice tits love" or a "what are you doing after work" but with a wink-wink on the end. It doesn't have to involve physical contact and sometimes it's even hard to spot.

There is, of course, a formal legal definition if you want to be sure, but generally it can be summarised as unwanted attention of a sexual nature.

If the unwelcome attention has included someone having physical contact of a sexual nature without your consent, that will certainly amount to sexual harassment but in most cases, it would also be classified as a sexual assault. An assault of any sort is generally a criminal offence.

If a crime has been committed, then ordinarily the victim would have the right to report the crime to the police, and if it can be proven there may be a criminal prosecution of the offender.

Organisations can be held accountable

If you are sexually harassed, your usual recommended course of action (with or without legal assistance) is to notify the body or business where it occurred. It is then up to that organisation to inform you of their complaints procedure.

It may often start with requesting that you put the incident in writing. There will be (or should be) a formal policy which deals with how instances of sexual harassment are to be dealt with by the organisation.

If there is no such policy in existence, then most likely the organisation itself is also to blame for your sexual harassment. It is up to that organisation to show that they have taken reasonable steps to ensure that sexual harassment does not occur on their watch.

If those processes don't exist, or the organisation doesn't respond appropriately to a notification of sexual harassment, then you have the option to bring a formal sexual harassment complaint for example to the Human Rights and Equal Opportunities Commission.

Generally, I advise my clients to try the informal approach first and only to resort to formal complaint procedures if they don't get a satisfactory response. It's important, though, to be aware that generally a formal complaint should be made within 12 months of the harassment having occurred.

Nowhere in all of this does the law require you to report sexual harassment to the police.

Now I'm not in a position to judge whether Barnaby Joyce has sexually harassed Ms Marriott or not. But she and every woman (and man, for that matter) has the right, if they have been sexually harassed, to make a stand.

It is up to all of us, to protect potential future victims or, as it appears Ms Marriott has tried to do, to give the organisation the opportunity to investigate and respond appropriately.

Lisa Kinder is an accredited specialist in personal injury law and works with national legal practice Donaldson Law to represent hundreds of women and men subjected to sexual harassment, assault and abuse.