HARCELEMENT SEXUAL NEW LAW




Victims of sexual harassment are finally going to be able to blow. Since the may 4, 2012, the legal vacuum left by the Constitutional Council after therepeal of the law had simply turned off the current proceedings.

 

That said, the new law on sexual harassment ?

If the old text has defined sexual harassment as “the fact of harassing others with the goal of obtaining favors of a sexual nature”, the new distinguishes three types of cases :

 

The repeated acts of sexual harassment

The text adopted defines harassment as ” imposing on a person, repeatedly, remarks, or actions of a sexual nature which either undermine their dignity by reason of their degrading or humiliating character, or create a situation intimidating, hostile, or offensive “.

 

The unique case of blackmail sexual

In addition to the concept of facts repeated, intrinsic to the harassment, the new text also provides for cases of blackmail sexual : “Is equated with the sexual harassment the fact, even if not repeated, the use of orders, threats, constraints or any other form of severe pressure, in the purpose of real or apparent, to obtain any act of a sexual nature, that it is sought for the benefit of the perpetrator or for the benefit of a third party “.

 

The aggravating circumstances

The new law adopted by the Senate is also considering aggravating circumstances of any case involving a relationship of authority, a minor victim 15 years of age or vulnerable.

 

The new sanctions

Two years imprisonment and 30,000 euros fine, worn to three years and 45,000 euros in case of aggravating circumstances.

 

A major communication campaign on sexual harassment

The minister of women’s Rights, Najat Vallaud-Belkacem, announced that a major communication campaign would have places when the bill would come into force. The goal ? Remember that sexual harassment is not only in the workplace, but also at the university, in the search of a home, in a job interview “.

 

Of women’s associations still worried

For some women’s associations, the text is still “not satisfactory”. The Association against violence in the workplace (AVFT), Women in solidarity, the world March of women, or the feminist collective against rape, fear that the offense of blackmail sexual recognized by the new draft law will lead to degradation in many forms of criminal attempted sexual assault or rape, which would actually be less severely punished.

 

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