How to calculate verbal harassment?

How to calculate verbal harassment? Anyone who harasses others against their will by words, actions or taking advantage of subordination shall bear civil liability or public security punishment responsibility. Let's see how to calculate verbal harassment.

How to calculate verbal harassment 1 When two people are alone or together (especially in heterosexual communication), they deliberately talk about sexual topics, ask about personal privacy and sex life, comment on other people's clothes, appearance and figure, deliberately tell pornographic jokes and stories, tease the opposite sex with vulgar language, and tell them personal sexual experiences or pornographic literature and art, etc.

Conviction standard of verbal harassment: tease each other in the following language and tell them about personal sexual experience, pornographic jokes or pornographic literature. According to relevant regulations, sexual harassment in a broad sense is not limited to the opposite sex, and the object is not only women; Homosexuality can also constitute sexual harassment.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 10 10. If a person sexually harasses another person against his will by words, words, images or physical actions, the victim has the right to request the perpetrator to bear civil liability according to law. Organs, enterprises, schools and other units shall take reasonable measures to prevent, accept complaints, investigate and deal with them, and prevent and stop harassment by taking advantage of their authority and affiliation.

Article 1032 Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.

Article 237 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever affrays in a public place or commits the crime mentioned in the preceding paragraph, or has other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years. Whoever molests children shall be sentenced to fixed-term imprisonment of not more than five years;

Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years: (1) molesting one or more children; (2) Gathering people to molest children, or molesting children in public places, if the circumstances are bad; (3) Causing injuries to children or other serious consequences. (four) the means are obscene or there are other bad circumstances.

How to calculate verbal harassment II. When does the law say harassment?

1, the law does not stipulate when to call is harassment.

2. Whoever repeatedly sends obscene, insulting, intimidating 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 five hundred 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.

3. Legal basis: Article 42 of the Law on Public Security Administration Punishment, anyone who commits one of the following acts 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.

Second, is verbal harassment a crime?

1. Harassment means disturbing others and making them restless.

2. There are many forms of language harassment in modern society, including sexual harassment, telephone harassment and SMS harassment. Generally speaking, language harassment does not constitute a crime and should bear civil liability or public security punishment responsibility.

3. However, if the language harassment is bad, it can constitute the crime of provoking trouble in criminal law.

(1) For example, abusing or intimidating others for many times, causing adverse social impact;

(2) carrying a murder weapon to insult or intimidate others;

(3) maltreating or intimidating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, thus causing adverse social impact;

(4) Causing serious consequences such as mental disorder and suicide of others;

(5) Those who seriously affect the work, life, production and operation of others shall be convicted and punished for the crime of stirring up trouble.

If a person harasses others against their will by words, actions or taking advantage of subordinate relations, the actor shall bear civil liability or public security punishment responsibility, and if the case constitutes a crime, he shall be convicted and punished for the crime of stirring up trouble or even compulsory indecency.

How to calculate verbal harassment 3 1? How to convict verbal harassment?

Verbal harassment does not constitute a crime, but can only be punished by public security.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 44 stipulates that "whoever molests others or intentionally exposes his body in public places, if the circumstances are bad, shall be detained for more than five days and less than ten days;" Whoever molests mentally disabled persons, mental patients, people under the age of 14 or has other serious circumstances shall be detained for more than 10 days and less than 15 days. "

Civil code of People's Republic of China (PRC) (202 1, 1 implemented).

If sexual harassment is committed against the will of others by words or actions, the victim has the right to demand that the offender bear civil liability according to law. Organs, enterprises, schools and other units shall take reasonable measures to prevent, accept complaints, investigate and deal with them, and prevent and stop harassment by taking advantage of their authority and affiliation.

Law on the protection of women's rights and interests

Article 9 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.

Second, how to identify sexual harassment?

For the determination of sexual harassment, you can refer to the following contents:

1, the subjective purpose of the behavior contains sexual requirements or related intentions.

In other words, the subjective aspect of sexual harassment must include sexual purpose, which is unwelcome, unwilling and uninterested by the victim. However, in view of China's national conditions, public places such as stations, squares and other large places are often crowded due to limited conditions, and collisions are inevitable, so strict identification standards should be adopted.

2. Identification of behavior

Sexual harassment usually refers to unwelcome sexual language or actions made by the harasser to the harassed person, including physical contact, speech, graphic display, eyes and gestures, such as telling dirty jokes, commenting, showing pornographic publications and articles, asking about sexual privacy, dating, ogling eyes, sexual posture, physical contact, exposing sexual organs, etc.

3. Define the occasion of sexual harassment

Sexual harassment can be divided into three situations: first, sexual harassment between superiors and subordinates in administrative organs, enterprises and institutions, employers and employees or colleagues; Second, employees are sexually harassed by customers when they work in the unit; Third, sexual harassment between strangers in public places, such as buses. The first and second situations can be called workplace sexual harassment, and the latter can be called public sexual harassment.

4. The targets of sexual harassment include women and men; Including heterosexual and homosexual.

In fact, no matter how sexual harassment is carried out, if it is only sexual harassment and has no substantive relationship, it does not constitute obscenity. Sexual harassment cannot be investigated for criminal responsibility, but in addition to detaining the parties in public security, because sexual harassment has insulted others' personality and reputation, they can claim civil compensation.