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.
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.
Legal basis: Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.