In the work or academic environment, professionalism is not the only important quality to qualify these spaces. Respect for human rights in the relationship generated is fundamental to ensure harmonious working environments and compliance with the law.
One of the circumstances that often seriously affects the workplace is the occurrence of sexual harassment crimes.The crime is defined as that which is committed by requesting favors of a sexual nature for themselves or third parties, compromising established labor relations, by tacitly imposing a threat from a figure of power that favors the manipulation of the victim with the intention that he/she agrees to sexual behaviors.
This crime also involves discrimination on the basis of sex when the victim's gender is established.. This includes any unfavorable treatment of women specifically because of their maternity or pregnancy and any conditioning of a right upon acceptance of a situation that violates the dignity of a person constituting sexual harassment.
The definition of the crime of sexual harassment
To define a situation of sexual harassment It must be taken into account that it is an unwanted, unwelcome and unsolicited conduct of a sexual nature. Behind this action, the person who commits it longs for a demonstration of power over the other person, coercing and affecting his or her dignity.
In this sense, the victim of this type of crime feels intimidated, humiliated and under constant threat. because they are aware that the situation compromises their stay in the work or academic space where the action takes place. Sexual harassment fosters fear and considerably decreases work or academic performance.
The sexual harasser can be a colleague, teacher, supervisor, manager or even a customer. who insist on demanding sexual favors or compromising invitations. This type of crime can occur physically, verbally and non-verbally.
In the first case, the crime is committed through actions that allow physical contact between the stalker and the victim.includes touching any area of the body without consent, as well as insinuating glances. Verbal harassment refers to harassment exercised through sexual comments or innuendoes, verbal invitations to have sexual relations or the intention of turning all work or academic conversations into clearly sexual conversations; while non-verbal harassment refers to the use of material such as information or photographs to directly sexually engage the person being harassed.
Legal proceedings
Generally, the harassed person or a qualified third party should file a complaint with the appropriate labor institution. Often, once the case has been introduced within the company or academy, the victim is summoned to a meeting with the most hierarchically representative authorities in order to present the situation and the necessary evidence.
The complaint must then be investigated through the evaluation of evidence and witness interviews, review of confidential material of interest, among other tools. Likewise, an interview will be conducted with the accused, in order to determine responsibilities. If the accusation proves to be true, several actions may be taken, including suspension from office and imprisonment, as the case may be.
The United Nations (UN) organizes various activities to raise awareness of the issue that has historically affected women to a greater extent than men.
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