You can brag about how you used to deal with perverts.
The harder you act, the better. Weakness gives others a chance.
The refusal attitude should be clear.
Liu Jinyang, a psychological counselor, said that a beautiful young professional woman may encounter such a situation: when you are alone with your boss and colleagues, he suddenly holds your hand affectionately and says something inappropriate. Liu Jinyang reminded that in the face of this embarrassing situation, your performance must not be ambiguous. You should break up with him resolutely and solemnly, and show that you don't like it with a solemn and cold attitude. The first time a man harasses a woman, it is usually just a slight temptation, so observe your reaction and decide his further action. If you can express your unhappiness calmly in time, it will neither hurt harmony nor stop harassment.
Counsel's advice
How to punish sexual molesters
Chen Bo, a lawyer of Tianzhiquan (Zhengzhou) Law Firm, said that once women in the workplace are sexually harassed, it is suggested to pay attention to the following points: First, try to make noise to let others know, and then tell colleagues or friends about their experiences in time so as to "make" witnesses or insiders to testify for themselves when defending their rights; Second, don't deal with harassing text messages, emails, notes, etc. privately. And leave them as evidence. It is best to go to the notary office for evidence preservation; Third, whether there are repentance books, guarantees, etc. What the other party wrote can also be kept as evidence; Fourth, if you are harassed for a long time, you can consider taking a recording pen and a video camera for evidence collection. It should be noted that it is illegal to set traps to collect evidence.
Lawyer Chen said that punishing sexual harassment is indeed a legal blind spot at this stage in China. The difficulty of legal system lies in legislation and evidence collection. What is more difficult than the legal system is the psychological obstacle of the victims who are troubled by sexual harassment: timidity gives sexual harassment an opportunity. In fact, some sexual molesters are not reckless, but dare to "touch" after seeing the cowardice of some women.
Lawyer Chen said that as the object of sexual harassment, rights can be protected by civil, administrative and criminal means, which is guaranteed by relevant national laws and regulations. In civil matters, Article 40 of the Law on the Protection of Women's Rights and Interests stipulates: "Sexual harassment of women is prohibited. Women victims have the right to complain to the unit and the relevant authorities. " Administratively, in addition to Article 40 of the Law on the Protection of Women's Rights and Interests mentioned above, Article 44 of the Law on Public Security Administration Punishment stipulates that anyone who molests others shall be detained for more than 5 days 10 days. In terms of criminal matters, Article 237 of China's Criminal Law stipulates that serious sexual harassment may also constitute a crime of compulsory molestation of women, punishable by fixed-term imprisonment of not more than five years or criminal detention.
At present, there are also different opinions on the determination of sexual harassment. Some sociological researchers in the west believe that sexual harassment can be constituted as long as one party violates or implies sexual content in language or form and causes psychological disgust, depression and panic to the other party. In China's legal provisions, there are only "hooliganism" and "rape" in the legal expression about the conviction of sexual assault, which is very different from sexual harassment.
Related case
Case120065438+0 In July, Founder (pseudonym), a 26-year-old employee of an State-owned enterprise, filed a lawsuit against his boss for sexual harassment. This is the first case of sexual harassment in China. After nearly two months of trial, the court held that the plaintiff did not produce enough evidence to prove the existence of sexual harassment and dismissed the prosecution.
Case 2 On March 6, 2006, the "First Case of Sexual Harassment in China", which attracted much attention, was tried by two courts and finally settled. Wuhan Intermediate People's Court finally ruled that the male boss's "sexual harassment" infringement was established, apologized to the plaintiff, and revoked the first-instance judgment that the male boss compensated for mental damages of 2,000 yuan.
The plaintiff, He Mou, is a teacher in the Chinese and Foreign Languages Department of a commercial school in Wuhan. He brought a lawsuit to the court in July 2002 for sexually harassing Sheng, the former deputy director of the teaching and research section.
According to the original report, from the second half of 2000, the defendant used his work to sexually seduce the plaintiff, and he still won't give up. 200 1, the school organized teachers to go out for a spring outing. The defendant followed her to the plaintiff's room around 1 1 that night, stroking the plaintiff's private parts and forcibly kissing. The defendant's behavior violated her right to body, dignity and reputation.
The defendant argued that he did not molest the plaintiff, but "guaranteed" to maintain a normal colleague relationship with He Mou in the future under the coercion of the plaintiff's husband. Later, because the plaintiff's husband was noisy and stressed at school, he resigned as the deputy director of the teaching and research section.
The court of first instance found that the defendant stayed in the plaintiff's room (only the plaintiff) for a period of time during the spring outing organized by the school. Later, the defendant kissed the plaintiff once in the process of playing poker and grabbing the mobile phone with the plaintiff. In the document agreeing to the defendant's resignation, the school said that his "improper behavior was detrimental to the professional image of teachers". On June 9 this year, the court of first instance ruled that the defendant made an apology to the plaintiff He Mou and compensated the mental damage compensation of 2,000 yuan.
Defendant Sheng refused to accept the judgment of first instance and appealed to Wuhan Intermediate People's Court. After the trial, the court held that "it was basically consistent with the facts determined by the judgment of the court of first instance", and Shengmou did have misconduct, but it did not cause serious harmful consequences to the plaintiff He Mou, so it maintained Shengmou's apology to the plaintiff He Mou, revoked Shengmou's first-instance judgment of compensating He Mou for mental damages of 2,000 yuan, and rejected the plaintiff He Mou's other claims.