When Does the Crime of Sexual Harassment Exist?


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He sexual harassment It is one of the unwanted behaviors of a sexual nature that can happen in different successive places. Being this act identified as a manifestation of discrimination towards a genre and with a very specific way of violence.

As sexual harassment is a violation of Fundamental rights of the different workers and workers in a place of employment. Being to the point that this can lead to a big problem of health and safety Totally unacceptable job. 

It is important to be able to identify the acts of harassment sexual in a distinctive context or given place in order to prevent it correctly. 

When Does the Crime of Sexual Harassment Exist?
When Does the Crime of Sexual Harassment Exist?

How to identify Sexual Harassment?

As stipulated article 184 The penal code introduces a legal system regarding acts of sexual harassment. Consisting this in the demand of different favors of a character fully sexual to oneself or to a third party descriptively. 

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But in order to be considered a crime, this must meet certain criteria and legal elements full. Being necessary to configure themselves as such to occur repeatedly, in a labor sphere and in an intimidating situation.

Being this a totally illegal crime that does not always have to be fully of a sexual character in a context. Otherwise it can also become included offensive comments related to the sex of a person in question.

Being victims of these acts both women like men, as well as the aggressor can be different or of the same sex. Harassment can be received from a supervisor, even a co-worker or a client.

Items 2 and 3 of the penal Code Two aggravating circumstances are detailed based on the existence of a prevalimiento. Being this originated by some situation of labor superiority, teacher or hierarchical with the announcement of causing some legitimate harm. 

This being when the victim is special and specifically vulnerable for some reason of their age, illness or their own situation. Existing this type of harassment in different ways that can be from an offensive comment or full sexual nature.

Being the different cases discrimination against the gender of a person being excluded or restricted based on their gender. Being that it has the objective or result of annulment in recognition or exercise due to the fact of being of the opposite gender.

Likewise, there are cases where it is elevated to acts of violence against women and men.

How Does Sexual Harassment Manifest?

Harassment can occur in different ways and in different contexts by a perpetrator with a sexual tone. Being this in a reiterated way within a scope of employment relationship or to provide services of some kind.

Just as it usually occurs in situations where they become intimidating, hostile and seriously humiliating on the same victim in question. Being perpetrated by some superior as a supervisor or a co-worker or even a client himself.

This occurs mainly at times when the victim presents or is especially vulnerable due to their age or specific situation. Given then in a situation of labor superiority, educational or hierarchical that can be expressed in different ways against the victim.

Coming to give in situations of blackmail where the victim is conditioned to obtain a job benefit. Being cases such as salary increases, promotion or permanence in employment to access requests for sexual connotation.

This can also occur in environments with a connotation totally hostile where bullying occurs. Or even situations humiliation against the victim depending on the context in which it occurs.

Being the behaviors that are qualified as sexual harassment those that are of a specific character within the context. are coming to be physical such as violent physical assaults, improper touching and unnecessary or totally unnecessary approaches to the victim.

Then there are the verbal behaviors that can give an undue connotation with questions or comments about the appearance of the subject. As well as unnecessary lifestyle comments, sexual orientation or highly offensive phone calls against the victim.

So too non-verbal behaviors such as whistles, gestures of sexual connotation or presentation of pornographic objects towards the victim herself. 

Legal Procedure Against Sexual Harassment

As stipulated by the penal Code Spanish in article 184, one who requests favors of a sexual nature or connotation. Whether for himself or for a third party within a scope of labor Relations on a continuous basis

As well as the provocation of the victim in a intimidating situation in a hostile and totally humiliating way towards the victim. It will be punished Under the law as the author of sexual harassment with a prison sentence of five to ten months.

Just as the culprit took advantage of a situation of labor superiority hierarchical in order to cause evil. This is directed towards the victim in question with a legitimate and full expectation that it may have a scope totally wrong

This will be imposed grief five to seven months or a fine of 10 to 14 months. Also when the victim is or presents especially vulnerability for some reason such as their age, illness or situation itself.

Being imposed this context the penalty of prison from five to seven months or fine from 10 to 14 months. Thus, in section 1, between six to 1 years of prison of course provided for in the second section.

These same being the penalties to be applied in the crimes of sexual harassment as stipulated in the Spanish penal code. Being explained and specified in a direct and very detailed way each procedure to follow in this.

This, according to the article 184 of the penal code, exemplifying that depending mainly on the sexual nature of the harassment. This can lead to a different prison sentence in the case of an act of blackmail or violence

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