Sexual harassment is generally not punished, but if the circumstances are serious enough to constitute an obscene crime, it can be sentenced. Under normal circumstances, sexual harassment will be detained for less than five days or fined less than 500 yuan. The detention period of sexual harassment is determined according to the seriousness of its behavior. The longest administrative detention 15 days, the longest criminal detention 37 days.
1. Is sexual harassment generally punishable?
Sexual harassment generally cannot be sentenced, and only if the circumstances are serious enough to reach the crime of indecency will it be sentenced.
At present, the legal application of "sexual harassment" in China is scattered in laws and regulations. Article 38 of the Constitution stipulates that the personal dignity of China citizens is inviolable, and it is forbidden to insult or slander citizens in any way. The Law on the Protection of Women's Rights and Interests revised in 2005 clearly put forward the concept of "sexual harassment". Article 40 stipulates: "Sexual harassment of women is prohibited. Women victims have the right to complain to the unit and the relevant authorities. " Article 39 stipulates that women's reputation and personal dignity are protected by law, and it is forbidden to damage women's reputation and personality by insulting, slandering or disclosing privacy.
The punishment for sexual harassment is based on the fifth paragraph of Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: whoever repeatedly sends obscene, insulting, threatening or other information and interferes with the normal life of others shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
The manifestations of sexual harassment crime mainly include the following:
1. Oral way: tease each other in the following languages and tell their personal sexual experiences, pornographic jokes or pornographic literature;
2. Action mode: intentionally touching, bumping and kissing the other person's face, breasts, legs, buttocks, genitals and other sexually sensitive parts;
3. Setting the environment: arranging obscene pictures and advertisements around the workplace to embarrass each other.
Tip: Sexual harassment is not limited to the opposite sex, and the object is not only women, but also the same sex can constitute sexual harassment.
2. How long will sexual harassment be detained?
Sexual harassment depends on the degree. General sexual harassment is illegal, and the longest administrative detention shall not exceed 15 days. Suspected of committing a crime, the longest criminal detention shall not exceed 37 days. Finally, we had to arrest and sentence.
Serious sexual harassment can constitute the crime of compulsory indecency and insult to women, and will be punished with fixed-term imprisonment of not more than five years or criminal detention.
Sentence should be investigated by the public security and tried by the court, and the total time is generally about 6 months. It is suggested to entrust a lawyer to defend the suspect, and only a lawyer can meet the suspect before the judgment.
The legal application of "sexual harassment" in China is scattered in laws and regulations.
Article 38 of the Constitution stipulates that the personal dignity of the people and citizens of China is inviolable, and it is forbidden to insult or slander citizens in any way.
Article 1024 of the Civil Code (implemented in 65438+202 1 year1October) stipulates that citizens enjoy the right of reputation and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens by insulting or slandering. Citizens have the right to demand cessation of infringement, restoration of reputation, elimination of influence, apology and compensation for losses.
Article 38 of the revised draft stipulates that sexual harassment of women in any form, such as language, writing, images, electronic information and physical behavior, is prohibited. Women who have suffered sexual harassment can complain to their units, the units where the perpetrators work, women's federations and relevant institutions, or they can directly bring a lawsuit to the court. Employers and public places management and business units shall take measures according to the situation to prevent and stop sexual harassment of women.
With the draft amendment to the Law on the Protection of Women's Rights and Interests submitted to the National People's Congress Standing Committee (NPCSC) for deliberation, the issue of sexual harassment, which is highly concerned by the society and has not been effectively solved for a long time, has entered the field of vision of China legislators for the first time.
3. What are the main types of sexual harassment?
The main types of sexual harassment include:
Compensatory sexual harassment: Most sexual molesters belong to this kind of men, and the impulse generated by long-term lack or sexual hunger will inevitably make him make indecent and offensive moves towards women. The harassment behavior of these people is mostly due to different degrees of loss psychology, and the purpose of harassment is not so much to occupy women as to take advantage.
Sexual harassment in games: most of them are men who have had sexual experience, understand women's weaknesses, regard women as playthings, and molest and disrespect women out of intentional game mentality. Such men are generally "prey experts" or playboys. Half of the purpose of harassment is to seek novelty, but also to prove one's male "potential energy" and "skill".
Power-based sexual harassment: it mostly occurs in boss to employee or boss to subordinate, especially female secretary. Harassers are mostly well-educated, although they are mostly out of game mentality, but they are more advanced and polite than ordinary players. Most of these harassers regard women as "consumer goods". Because of obvious interests, he even thinks that women like this kind of harassment and regards this kind of harassment as his "patent".
Aggressive sexual harassment: Most of these men had an unpleasant relationship with women in their early years, and they had great ill feelings and hatred for women, and regarded women as inferior animals or enemies. His harassment was intentional injury or offence. Harassers sometimes do not want to possess the woman, but only satisfy and balance their contempt and hatred for her.
Pathological sexual harassment: this is sexual harassment with obvious pathological manifestations, such as voyeurism and exposure. Most of these male molesters are real sexual dysfunction. Harassment itself can bring him strong sexual impulses and fantasies, but it can't "cure" him, but it will deepen his illness.