While see your point and tend to agree with it, there is still the problem of the perceived victim abusing the system. Under this broader definition, if I ask a co-worker on a date (even if only once and I let it go) and she is so inclined, she can report me for sexual harassment. As you say, the victim defines the crime and most companies have a no tolerance rule for sexual harassment, so I stand a very good chance of losing my job because of something a "reasonable person" would never consider harassment. I have seen first hand a similar situation where a female co-worker didn't like this one guy and looked for anything to report him. As soon as he had an interaction with her while working as a team on a project, she reported him and got him fired, even though another co-worker witnessed the interaction and said it was not inappropriate. Victim cries wolf and someone is fired.