Some countries have criminalized certain forms of sexual harassment. Criminal legislation has been directed particularly at quid pro quo harassment and harassment that results in some form of sexual assault. Clearly rape and assault are appropriate subjects of criminal law. (See also Criminal Law in Domestic Violence and Sexual Assault sections)

Criminal laws against sexual harassment should:

• Provide dissuasive penalties for perpetrators;
• Minimize barriers to victims coming forward to report cases;
• Include provision and funding for victim support services;
• Include provisions to require and fund training of police, prosecutors, and judges; and
• Require data collection and regular reporting on cases of sexual harassment.

Workplace Sexual Harassment as a Crime

Some countries have criminalized sexual harassment in the workplace or have legislation that is considered to apply to workplace harassment. There are potential disadvantages to this approach particularly if it is the only available redress for sexual harassment. Criminal cases usually require a higher standard of proof than civil cases. In addition, women may be unwilling to report harassment when it is made a criminal offense, because, although they want the harassment to stop, they do not want to subject the harasser to criminal prosecution. Finally, criminalizing sexual harassment may limit a victim’s ability to recover damages, because an employer usually will not be liable for an employee’s criminal conduct. Despite these disadvantages, criminal prohibitions of sexual harassment may have a deterrent effect on employers and employees who contemplate committing acts of sexual harassment.

CASE STUDY – France

Legislation in France provides that “The harassment of another person for the purpose of obtaining favours of a sexual nature is punished by one year’s imprisonment and a fine of € 15,000.” (See: Code Pénal, Art. 222-33) The law also provides that “Harassing another person by repeated conduct which is designed to or which leads to a deterioration of his conditions of work liable to harm his rights and his dignity, to damage his physical or mental health or compromise his career prospects is punished by a fine of  € 15,000.” (See: Code Pénal, Art. 222-33-2) The Paris-based Association européenne contre les Violences faites aux Femmes au Travail (AVFT, European Association Against Workplace Violence Against Women) has been carrying out a campaign to hold accountable elected officials who commit workplace sexual harassment. In June 2009, a local mayor who had made sexual comments and grabbed the buttocks of and tried to kiss female employees was sentenced to six months imprisonment, and was fined. In July 2009, another local mayor was given a sentence of four months imprisonment but the sentence was converted to a fine on appeal. See: AVFT, Campagne contre les violences sexuelles et sexistes commises par les élus.

CASE STUDY – China

China amended its laws in 2005 to provide additional protection to victims of sexual harassment at work. (See: Law of the People’s Republic of China on the Protection of Rights and Interests of Women, ch. 8) In 2008, a woman in Sichuan Province became the first to win a criminal case related to sexual harassment under the new laws. Her harasser was sentenced to five months in jail. (See: Megan Shank, No Longer Silent, Ms. Magazine, 2009)