What kind of behavior is sexual harassment? What important evidence should sexual harassment keep?

The definition of sexual harassment is vague and broad. When people hear the word sexual harassment, their first reaction is often that men attack women. Sexual harassment seriously damages the victim's mental state. So what kind of behavior is sexual harassment? What important evidence should sexual harassment keep? Next, let's take a closer look.

1. What is sexual harassment? What are the common sexual harassment?

Although there are many definitions of "sexual harassment", there is still no concept of "sexual harassment" in China's current laws. Before it was passed by the legislature, it was still an academic view. Generally speaking, sexual harassment is an unwelcome or unacceptable attention or sexual contact. That is to say, if one party approaches or tries to approach the other party in various ways, and the other party is not interested, disliked, unwilling or unwanted in these sexually conscious approaches, it can be said to be sexual harassment.

Sexual harassment in a broad sense mainly refers to sexual assault on the opposite sex in the workplace, public places and other fields.

Specifically, it mainly includes:

1. Sexual assault

Such as rape, sexual assault and any sexual violence or abnormal behavior that causes physical harm, which is what we call "sexual assault", all constitute crimes.

2. Language harassment

Including all kinds of sexist and sexist remarks with sexual meaning, as well as insulting, degrading and hostile remarks to the opposite sex.

3. Sexual teasing

That is, all unwelcome and inappropriate profane sexual advances, such as lifting clothes, touching the sex organs of the opposite sex, exposing the sex organs to the opposite sex, and showing pornographic pictures.

4. Sexual coercion

Use coercion or threats to force the opposite sex to engage in sexual services or behaviors against their will, such as kissing, hugging or indecency.

Sexual harassment in a narrow sense usually refers to verbal sexual harassment, behavioral sexual harassment and environmental sexual harassment.

1, verbal sexual harassment

Oral sexual harassment refers to anyone who makes the victim feel embarrassed or uncomfortable in person, such as telling dirty jokes or judging the victim with dirty words in person or in public. The main feature is a relatively explicit sexual orientation, even a naked direct statement of sexual requirements, which is obviously different from civilized love confession, courtship and proposal on the basis of respecting each other's personality.

2. Sexual harassment

Sexual harassment generally refers to making vulgar and indecent actions that make the victim feel uncomfortable, touching the sensitive parts of the victim and so on.

3. Environmental sexual harassment

Environmental sexual harassment refers to giving victims uncomfortable and violated ways by arranging the environment, such as placing sexually stimulating pictures, obscene books and periodicals, playing obscene audio-visual products, etc.

Second, 10 Common forms of sexual harassment in the workplace:

1. It is sexual to be stared at sensitive parts of the body repeatedly or for a long time.

2. There are people who deliberately approach.

3. Others tease or hint sexually by phone, mobile phone or letter.

4. There is also sexual abuse.

5. Others ask for sex in exchange for benefits.

6. Others make obscene actions, including gestures and exposing sexual organs.

7. Being forcibly touched

8. Forced to hug

9. forced to kiss

10. Forced to have sex

Third, how to protect rights once you are sexually harassed? What important evidence should sexual harassment keep?

First of all, say "no" firmly and clearly!

After being sexually harassed, you should firmly and clearly refuse for the first time (if the other person is your superior, you can use euphemistic words to refuse at first, but don't be silent and half-hearted, which will be misunderstood as acquiescence and further aggravated). Rejection can be oral, written, or expressed by SMS, email, WeChat, etc. For example, you can write: "When you talk to me/touch me in that way, it makes me feel very uncomfortable. Please don't do this again! " ! I hope we can maintain a normal working relationship. "The advantage of doing this is to make the harasser realize that your behavior makes you disgusted, but in any case, you must leave evidence to prepare for future complaints or lawsuits. The reason why we must explicitly refuse is because from a legal point of view, "against the will of the victim" is a necessary condition to judge whether an act constitutes sexual harassment. In addition, from the perspective of protecting yourself, not refusing will undoubtedly send a wrong signal to the harasser: you acquiesce, you are weak, and then continue to harass.

Secondly, take appropriate actions.

1, choose a way to say it.

Don't bite your teeth and swallow it after sexual harassment. You should tell your trusted relatives and friends (your good friend, your colleague or unit leader, your sister, your mother, even a hotline consultant) at the first time. Never underestimate your own experiences and the value of telling them in your own way. Doing so, on the one hand, can relieve psychological pressure, on the other hand, can also get the support of relatives and friends, and can also be used as evidence for future complaints or prosecutions.

2. Take evidence in time and save all the evidence.

The evidence is in the details. What evidence should sexual harassment provide?

Sexual harassment requires two kinds of evidence: witness and physical evidence. When looking for a witness, we should not only find the witness, but also the witness is willing to testify in court. In order to prevent perjury, the witness should not have an interest with the party concerned. When you receive harassing text messages, emails, notes, or sexual gifts or pornographic publications displayed by others, leave items as evidence. Those who have been harassed for a long time can be proved by recording or photos.

How to keep the evidence?

First of all, the witness, in the same unit, it is difficult to get the witness testimony of colleagues, unless the colleague later leaves his job, or he/she has a problem with the harasser and intends to take revenge on the harasser with your hand.

So you should record the time, place and process of sexual harassment, and attach accurate details to record what you say and do. When you are in contact with harassers at ordinary times, you can use audio and video recording tools skillfully and secretly at any time (you can't show traces when obtaining evidence, otherwise you can't obtain evidence, but it may be dangerous), but you should pay attention to prevent infringement of personal rights and business secrets. Attention should be paid to keeping electronic documents with harassing information such as SMS, email, WeChat and QQ chat records. Only in this way can the facts of sexual harassment be proved. Never delete electronic information. It is best to notarize electronic documents such as "posts" online to avoid being deleted by the other party. After the injury, you should go to the hospital for examination as soon as possible, and receive relevant psychological consultation and psychotherapy according to the specific situation, so as to heal mental trauma and keep medical diagnosis records. The fixed retention of evidence is very important for future complaints or prosecutions.

In addition, you can also ask for help from the internet and social media, but you should pay attention to a certain degree. The facts are not exaggerated, but are based on relevant evidence to prevent the harassed person from suing and infringing his reputation.

3. Make use of the internal complaint mechanism to make timely complaints.

After suffering from sexual harassment, the harassment shall be sorted into written materials in time, with copies and relevant evidence attached, and a complaint shall be made to the personnel department, trade union (if any) or superior leader of the unit, and the harasser shall be punished accordingly and transferred from the department.

Both the Law on the Protection of Women's Rights and Interests and the Special Provisions on Labor Protection of Female Workers involve the responsibility of employers to prevent sexual harassment in the workplace, but they are both principled and advocacy clauses. A few years ago, non-governmental organizations cooperated with relevant enterprises to try to push the pilot enterprises to formulate their own rules for the prevention and control of sexual harassment in the workplace, which were comprehensively standardized in terms of the purpose, scope of application, definition and forms of expression, setting and responsibilities of handling institutions, publicity and training, complaints, investigation, mediation, handling, confidentiality, protective measures, handling flow charts and so on, and achieved certain results.

4. Report the case to the public security organ.

Sexual harassment violates the personal rights of others, at least constitutes an illegal act in violation of the Public Security Administration Punishment Law. You can call the police at 1 10 in time and demand that the harasser be given administrative penalties such as public security detention and fines according to law; If the circumstances are serious and suspected of committing a crime, it shall be submitted to the public security organ for criminal investigation according to law, and an incidental civil compensation lawsuit may be filed.

5. Complain to women's federations and other social rights organizations.

If the management of the unit does not respond to your complaint, or is obviously partial to the harasser, you should complain to the women's Federation, the women's working Committee of the trade union, the legal aid center, etc. In writing (attach a copy of the evidence), and you can also ask for help from civil society, get their support, come forward to coordinate the handling, or support the prosecution. Leave a written record when you complain, and it is best to ask for the record of the harasser.

6, to the people's court.

You can bring a lawsuit for personal injury compensation to the people's court on the premise of mastering relevant harassment evidence, and ask the harasser to bear relevant legal responsibilities including stopping the infringement, apologizing and compensating for losses (including compensation for mental damages). Please note, however, that the prosecution must be initiated within one year from the date when you know or should know that your rights have been violated. If the limitation of action exceeds one year, you have no legal suspension or interruption, which means that you have lost the legal right to win the case.

The above are some knowledge about sexual harassment and methods of safeguarding rights. If you are sexually harassed, it is recommended to seek the support of professional legal and consulting institutions in time and abide by relevant local laws and regulations in order to take appropriate legal action.