He crime sexual harassment It is committed by those who ask for favors of a sexual nature for themselves or others. A hostile situation is generated, humiliating or seriously intimidating, as long as they are in an employment or service relationship.
He crime sexual harassment It is caused by discrimination based on sex, which includes pejorative treatments. It is based on the coincidence of motives with the person's gender, as at work.
It constitutes discrimination due to sex, any unfavorable treatment of women due to pregnancy or maternity. This includes any negative treatment that results from the exercise of judicial and extrajudicial actions aimed at demanding equality.
Sexual harassment crime before the Spanish penal code
A right or expectation of the right to accept a situation that constitutes sexual harassment is conditioned. It is considered any behavior of a sexual nature that has the effect of undermining the dignity of a person.
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Such a situation will be particularly when an intimidating, degrading or offensive environment is created as established in article 7. 1.
It seeks to protect the sexual freedom of the taxpayer and his individual freedom in the workplace or teaching environment. But for the crime of sexual harassment to be completed, some requirements must be met.
The request, need or request for favors of a sexual nature from one person to another within the same labor sphere. It is immaterial whether the victim follows the request.
That this request places the victim in an objective and seriously intimidating, hostile or humiliating situation. A result is required, even if it is indirect.
The request must occur in a work environment, teaching or providing services within a regular relationship. Permanent hierarchy is required between the aggressor and the victim.
The harasser must act with intention, there is noreckless sexual thing. The offender must act consciously and voluntarily in behavior that puts the victim in an uncomfortable position.
will be punished with imprisonment of three to five months or a fine of six to ten months. By applying unwanted and unsolicited sexual behavior on the part of the victim of the crime sexual harassment.
Actions that determine the crime of sexual harassment
Sexual harassment is a demonstration of power, whose purpose is to intimidate, coerce or humiliate another worker. Some examples of physical sexual harassment are deliberately touching, pinching, patting, squeezing or rubbing, a lustful look, and homophobic comments.
This involves gestures with sexual connotations, winking, sending unwanted emails and text messages. In offices it involves posting sexually explicit jokes, unnecessary touching or physical contact, sexual comments or innuendos.
Forcing women to work outside normal hours, which could expose them to certain dangers during your trip. Attempting or coercing female workers to perform certain jobs in the supervisor's office.
Sexual harassment can be inflicted by co-workers, supervisors, members of management or even a client. He usually takes the suggestive comment forms, requests for sexual favors or compromising invitations.
These are unwanted sexual behaviors that put the victim in a humiliating or threatening situation. This crime sexual harassment raises certain evidentiary problems in most cases, since there are no witnesses.
Usually only the declarations of the taxpayer and the active subject are available. The Supreme Court and the Constitutional Court They require that these statements be subjectively credible and free of ambiguity and contradiction.
Types of aggravated sexual harassment crimes
The Penal Code provides for three aggravated types of sexual harassment that are regulated in article 184, paragraphs 2 and 3. If the guilty party sexual harassment committed the act, taking advantage of a position of superiority at work.
The legitimate expectations of the victim in the scope of the specified relationship bring a penalty. A prison sentence of five to seven months or a fine of 10 to 14 months is imposed.
If the victim is at special risk due to his age, illness or situation, tie up the perpetrator. The imprisonment It will be five to seven months or a fine of 10 to 14 months.
In the cases provided for in article 1 and a penalty of six months to one year in the cases provided for. Given that the victim of sexual harassment feels threatened which creates a threatening work environment.
The social and human costs of sexual harassment can be very high. In the worst case it can result in suicide and in all cases it makes life unbearable.
Harassed women always feel guilty and if they complain they risk being fired. He crime sexual harassment It affects the morale of workers, makes them less efficient.
Workers' representatives should contribute to the prevention of sexual harassment at work, raising awareness among workers. Organic Law 3/2007, of March 22, for the effective equality of women and men, reports on this topic.
The objective is to have the ability to inform company management about behaviors. What allows the complaint of crime sexual harassment in an early stage, thus avoiding further complications.
Qualification of the crime of sexual harassment in the articles
From a sociological point of view, sexual harassment is said to be a question of power, not sexuality. Article 4.2 establishes the protection against sexual harassment as the worker's right to work.
The art. 8. 13 qualifies conduct as illegal when it occurs within the powers of corporate management. Companies must promote working conditions that prevent sexual harassment and gender-based harassment.
Specific procedures must be established for its prevention and complaints made by those who were its target must be channeled.
He crime sexual harassment Dominant occurs when it is carried out using a situation of professional, hierarchical or functional superiority. In the case of sexual harassment with an explicit or silent announcement of evil, it is different.
The evil must be real, credible and directed directly at the victim and not at third parties. If the reported action is serious, the alleged violator may need to be reassigned or temporarily suspended.
In the aggravated subtype of crime sexual harassment The victim's circumstances facilitate the completion of the crime. Where the author uses them for sexual harassment, so his complaint will be investigated