Will sexual harassment be sentenced?

Sexual harassment usually goes unpunished. Sexual harassment is a violation of women's rights and interests. Whether sexual harassment can be sentenced depends on the severity of the behavior. If the circumstances are serious, it may be suspected of compulsory indecency and insult to women. The circumstances are general, which only constitutes an administrative violation.

1. Sexual harassment refers to sexual harassment committed by the perpetrator against the will of the victim. The abuser and the victim can be of the opposite sex or the same sex, and the harasser can be male or female. In fact, most men harass women. Behavior can be language, words and images, such as telling "dirty" jokes, making explicit or implicit sexual advances, sending words and images with sexual content or suggestive nature, etc. It can also be physical behavior, such as touching, touching sensitive parts of the body, forcibly kissing, exposing sexual organs, etc.

Second, the evidence of sexual assault prosecution is as follows:

1, don't take a shower, take photos and leave traces on your body and clothes, such as semen, hair, scales left between nails when scratching, paper towels and sheets left traces on the spot;

2. Keep records of communication with the infringer by telephone or WeChat, harass short messages, emails, notes or receive sex-related gifts or pornographic books and posters displayed by others;

3. If there is a witness, you can look for it, but make sure that the witness testifies in court. If the incident is located in hotels, restaurants and other places, then the relevant surveillance video can also be used as evidence, so be sure to inform the police;

4. Audio-visual materials such as audio, video and photos should be submitted to the police as evidence, but the audio and video should be clear and the perpetrators should be identified in the images, otherwise it will not constitute strong evidence.

Third, how to identify the crime of sexual harassment.

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, due to limited conditions, crowded people, collisions and other inevitable situations often occur in public places such as stations and squares, and strict identification standards should be adopted.

2. Identification of behavior

Broadly speaking, rape, compulsory indecency and insult to women are also a kind of harassment to women, but to a certain extent, it is more appropriate to call it sexual assault, so the criminal law punishes them more severely. Sexual harassment is a relatively minor sexual assault. Sexual harassment usually refers to the unwelcome sexual language or behavior made by the harasser to the harassed person, including physical contact, speech, graphic display, eyes and gestures, such as telling pornographic jokes, commenting, showing pornographic pictures, 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; The third is sexual harassment between strangers in public places, such as buses. The first and second situations can be called sexual harassment in the workplace, and the latter can be called sexual harassment in public places.

4. The targets of sexual harassment include women and men; Including opposite sex and same sex.

In China, sexual harassment of men by women has never been recorded in writing, but it has occurred from time to time in recent years. Therefore, we should learn from the development trend of the concept of sexual harassment abroad to make it more forward-looking and bring the above situation into the scope of sexual harassment research. Make the legal regulation of sexual harassment in China as broad as possible in the future and avoid omissions.

Legal basis:

Article 237 of the Criminal Law of People's Republic of China (PRC) Crime of Coercive Indecency and Insult Whoever forcibly indecences others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Whoever gathers people or commits the crime mentioned in the preceding paragraph in a public place, or has other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.

The crime of molesting 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:

(a) repeatedly molesting 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.