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While not being a criminal offence in itself, sexual harassment can be prosecuted under Articles 198 and 199 of the Criminal Code.
- Article 198 Whoever, taking advantage of the vulnerability of another person, or of the lack of ability to recognise the significance of the act or ability to control his/her conduct, resulting from mental disability or disorder, subjects such a person to sexual intercourse or makes him/her submit to another sexual act or to perform such an act shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.
- Article 199 § 1. Whoever, abusing a relationship of dependence or by taking advantage of a critical situation, subjects such a person to sexual intercourse or makes him/her submit to another sexual act or to perform such an act shall be subject to the penalty of deprivation of liberty for up to 3 years. § 2. If the act specified in §1 was committed against a minor, the perpetrator shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years. § 3. The punishment specified in § 2 shall be imposed on anyone, who subjects a minor to sexual intercourse or makes him/her submit to another sexual act or to perform such an act by abusing a trust or by giving a material or personal benefit or promise to provide it.
Article 18 §6 of Labour Code: Discrimination based on gender is any undesired behaviour of a sexual nature or referring to the employee’s gender whose aim or effect is violation of the employee’s dignity, especially creating a threatening, hostile, humiliating, degrading atmosphere; such behaviour can be comprised of physical, verbal and non-verbal elements (sexual harassment; § 6).
Legal SourceCriminal Code, Articles 198 and 199
Legal provisions on protection ordersCriminal Code, Article 39, 41a; Labour Code; Antidiscrimination Law (The Law on implementing some of the European Union Laws on equal Treatment)
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Who, by means of stalking another person or persons who are close to her, causes in this person a justified sense of threat or significantly violates her privacy, is liable to a penalty of the deprivation of freedom for up to three years.
ObservationsIf the consequences of an act determined in § 1 or 2 is the injured person’s attempt to commit suicide, the perpetrator is liable to a penalty of the restriction of freedom from one year to ten years (Article190a §3).
Legal SourceCriminal Code, Article190a §1
Legal provisions on protection ordersCriminal Code, Article 41a §1
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- Portugal
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When physical and psychological mistreatments, including physical punishments, deprivation of freedom and sexual offences onto someone of the opposite or same sex take place with whom the aggressor maintains or has maintained a dating relation or akin to that of spouses, even if not in the same household.
Legal SourceCriminal Code, Article 152
Legal provisions on protection ordersDecree-law 112/2009 September 2009: i) the creation of urgent coercive measures, applicable within the first 48 hours after being declared accused (article 31); ii) the establishment of the victim and witness’ protection during evidence gathering as well as in trial sessions, promoting videoconference and teleconference (Article 32); iii) the possibility of access to distance controlled technical means (Article 35); iv) the creation of a specific system for the detention out of in flagrante delicto (caught in the act) (Article 30 (2) and (3); v) in the area of the victim’s social and work protection, the assessment of justified absences (Article 43), the establishment of the victim’s geographic mobility principle (Article 44)
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- Portugal
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It is an offense to use violence, force, or serious threat, or to make a person unconscious or unable to resist, in order to have vaginal, oral or anal sexual intercourse with the victim or enabling someone else to do so, or to insert body parts or any other objects into the vagina or anus.
Legal SourceCriminal Code, Article 164
Legal provisions on protection ordersLaw 93/99 of 14 July 1999:
- victim occultation and teleconference
- non-disclosure of witness identity
- “punctual safety measures” (such as police protection) or “special protection programs”
- special regime for “specially vulnerable witnesses”
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- Portugal
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The circumstance of forcing the victim to suffer or perform with him/her or another, a relevant sexual act by any means of violence, serious threat or, to hose means, rendering the victim unconscious or unable to resist.
Legal SourceCriminal Code, Article 163
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- Portugal
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Any kind of unwanted behaviour occurring in the context of an application for a job or in the context of actual employment, occupation or professional training, which has the purpose or the effect of effecting a person’s dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Any unwanted verbal, non verbal, or physical behaviour of sexual nature, with the purpose or the effect described in the previous section.
Who troubles another by acting before them in an exhibitionist way or coercing them to sexual contact.
Legal SourceLabour Code, Article 29; Criminal Code; Law 19/2013 of 20 February, Article 170
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- Romania
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Any deliberate action or inaction, with the exception of self-defence, that is either physical or verbal, perpetrated by a family member against another member of the same family that causes a harm, a physical, psychological or sexual or emotional suffering or a material prejudice, including threat of such acts, constraint or temporary deprivation of freedom.
ObservationsFamily violence takes the following forms:
- Verbal violence: the use of offensive language, brutal language, insults, threats, humiliating or degrading expressions.
- Psychological violence: imposing the will or personal control over a family member. Provoking tension and psychological suffering. demonstrative violence against objects, pets, verbal threats, display of guns, neglects, acts of jealousy, constraints of all kinds as well as actions of similar effect.
- Physical violence: assault or battery through pushing, blows, hair pulling, slapping, slashing, burning, choking, biting in any intensity
- Sexual violence: sexual assault, harassment, intimidation, manipulation, brutality in pursuing coerced sexual intercourse, marital rapeeconomic violence – forbidding professional activity, depriving a family member of economic means, including deprivation of basic needs such as food, medicine, intention of theft of personal goods, deprivation of use of common goods, forced work, refuse to contribute to family expenses, imposing hard or dangerous labour on family members including minors
- Social violence: imposing an isolating environment from family, community or friends. Forbidding to attend school, restraining movement. intentional deprivation of information and all similar actsspiritual violence- sub estimating or diminishing the importance of satisfying moral and spiritual necessities through the interdiction, limit, ridicule or penalizing such aspirations by family members, denying access to cultural, ethnical, linguistic or religious values, imposing religion and spiritual practices on family members as well as similar acts
Legal SourceLaw 25/2012, modifying law 217/2003 regarding prevention and combating of family violence, Article 2
Legal provisions on protection ordersProtection Order (Law 25/2012, Article 26): a person whose life, physical or psychological integrity or freedom is in endangered by the violent acts of family member can ask the court to issue a protection order in order to eliminate the state of danger.
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The sexual act, of any kind, with a person of the opposite sex or of the same sex by forcing that person or by taking advantage of his or her impossibility to defend herself/himself or to express his/her will
ObservationsIf rape is perpetrated against a family member it constitutes an aggravating circumstance eliciting a higher sentence (see Criminal Code, Article 218).
Legal SourceCriminal Code, Art 217 (1)
Legal provisions on protection ordersNo legal provision
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- Romania
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The act of sexual nature other than rape with a person, perpetrated with constraint, or rendering it impossible for the person to defend or to express consent or taking advantage of an incapacitated state of a person.
Legal SourceCriminal Code, Article 219
Legal provisions on protection ordersNo legal provision
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- Romania
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3 different laws provide a legal definition for sexual harassment.
- Sexual harassment at work is a form of discrimination(Law 324/2006 Anti-discrimination law, Article 2(5))
- Sexual harassment at work is any behaviour in relation to gender about which the person who is responsible knows that is affecting the dignity of persons, if such a behaviour is rejected and represents a motivation for a decision affecting those persons (Law 340/2006 for the amendment and approval of Law 202/2002 regarding equality of opportunity between women and men).
- Harassing a person through threats or constraints in order to obtain sexual satisfaction by a person who abuses his/her authority or his/her influence given by his position in the workplace is an act of sexual harassment punishable by prison from 3 months to 2 years or fine (Criminal Code,Article 203) - in the new Criminal Code to be introduced Sexual Harassment will defined under Article 223
Legal SourceLaw 324/2006 Anti-discrimination law, Article 2(5); Law 340/2006 for the amendment and approval of Law 202/2002 regarding equality of opportunity between women and men, Article 7; Criminal Code, Article 203
Legal provisions on protection ordersNo legal provision
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- Romania
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ObservationsNo specific law on stalking or a specific criminal offence defining stalking. The concept is not recognised in Romanian legislation.
Legal provisions on protection ordersNo legal provision
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- Slovakia
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Whoever is cruel to (abusing) a close person or a person in his custody or care, causing physical or psychological suffering to such person mainly by a) beating, kicking, punching, causing injuries and burns of any kind, humiliating, contemptuous treatment, stalking, making threats, exciting fear or stress, forcing into isolation, emotional blackmailing or any other behaviour jeopardizing the person’s physical or psychological health or limiting the person’s safety, b) groundless denying of food, rest or sleep, or denying of necessary personal care, clothing, hygiene, health care, housing, upbringing or education, c) forcing the person to beg or to perform activities requiring excessive physical or psychological exhaustion regarding the age or health condition of the person, or to perform activities that may harm the person’s health, d) exposure to substances that may harmful the person’s health, or e) unjustified preventing of access to property that the person has a right to use shall be sentenced for 3 up to 8 years of imprisonment.
ObservationsAn offender shall be sentenced for 7 up to 15 years if by committing an offence under subsection (1) a) he/she caused a serious harm to health or death, b) because of peculiar inducement, c) although he/she has been sentenced for such an offence in the part twenty four months or has been sentenced for such an offence and released on parole, d) if he/she has continued committing such an offence for a longer time, in violent manner, threatens with violence or other serious injury, or abuses emergency situation or the dependence of another person. (3) An offender shall be sentenced for 15 up to 25 years of imprisonment, or an exceptional sentence, if by committing an offence under subsection (1) and he/she caused a serious harm to health or death of several persons.
Legal SourceCriminal Code, Articled 208 (relates to domestic violence and also covers intimate partner violence)
Legal provisions on protection ordersExpelling perpetrator from a residence for 48 hours (Act no. 171/1993 Coll. on Police Force, Article 27a)
Temporary eviction of a perpetrator from a residence (Act no. 99/1963 Coll. Code of Civil Procedure as amended, Article 76 (1)g)
144 items / 12 pages