The following excerpts of laws from around the world demonstrate the varied ways in which sexual harassment in the workplace has been criminalized.
person, who being in a position of authority, or holding a public office, who persistently makes any sexual advances or requests which he or she knows, or has reasonable grounds to know, are unwelcome, is guilty of the offence of sexual harassment and shall be liable to imprisonment for a term of not less than three years or to a fine of not less than one hundred thousand shillings or to both.
A person who, in seeking sexual contact or satisfaction, harasses a person subordinate to him in office or otherwise by vulgar or comparable actions or by making offers or hints shall be considered to have committed a misdemeanour and shall be punished by a fine or by restriction of liberty or by arrest. 2. A person shall be held liable for an act provided for in paragraph 1 of this Article only subject to a complaint filed by the victim or a statement by his authorised representative or at the prosecutor’s request. (See: Criminal Code, Art.152.)
Whoever seeks favours of a sexual nature for him/herself or for a third party in the context of an ongoing or steady occupational or educational relationship or one involving the provision of services and with such behaviour objectively and seriously intimidates or places the victim in a hostile or humiliating situation shall be punished as a perpetrator of sexual harassment and punished with three to five months imprisonment or six to ten months fine. The penalty is harsher if the perpetrator in committing sexual harassment avails him/herself of a higher occupational educational or hierarchical rank or expressly or tacitly avows to jeopardise the victims legitimate expectations within the scope of such relationship in this case the penalty is 5 to 7 months imprisonment or 10 to 14 months fine or when the victim is particularly vulnerable for reasons of age, illness or personal situation in which case the penalty is up to 7 months imprisonment or 10 to 14 months fine or up to 6 months to 1 year imprisonment when in such cases the perpetrator commits the illicit act from a position of superiority as described above.
(See: Penal Code, Art. 184 – Const. Act 10/1995 of 23 November)
Previous Topic Public Sexual Harassment