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Whoever solicits favours of a sexual nature, for himself or for a third party, within the setting of a continuous or usual work relation, teaching or service provision relation, and by such conduct causes the victim a situation that is objective and seriously intimidating, hostile or humiliating, shall convicted of sexual harassment and punished with a sentence of imprisonment of three to five months or a fine from six to ten months.
Legal SourceCriminal Code, Article184
Legal provisions on protection ordersNo legal provision
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In Spain, the term stalking is not defined, but the term “physical harassment” exists, which is “whoever inflicts a degrading treatment on another person, seriously damaging his moral integrity, shall be punished with a sentence of imprisonment of six months to two years. The same punishment shall be imposed on those who, within the setting of any labour relation or the civil service, availing themselves of their superior status, repeatedly perpetrate hostile or humiliating acts against another that, while not reaching the status of degrading treatment, amount to serious harassment of the victim.The same punishment shall also be imposed on those who repeatedly perpetrate hostile or humiliating acts that, while not reaching the statement of degrading treatment, are aimed at preventing lawful enjoyment of a dwelling.”
ObservationsThis term is used for harassment in the working place.
Legal SourceCriminal Code,173.1
Legal provisions on protection ordersNo legal provision
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Violence where the perpetrator and the victim have or have had an intimate relation.
ObservationsSpecial laws: Gross violation of women’s integrity: repeated violence within a marriage/love relation or other close relationship. If a person commits an offence falling under the provisions of chapters dealing with crimes against life and health, crimes against liberty and peace and sexual crimes against a partner with whom the offender has a close relationship or used to have a close relationship. Each of the acts must have been part of a repeated violation of the vulnerable person’s privacy and integrity and also have been likely to cause serious harm to the persons self-esteem
Legal SourceCriminal Code, Chapter 4, Section 4a
Legal provisions on protection ordersThe prohibition of Visits Act: “if there is a risk that a person will commit a crime against another, or that he will maliciously follow a person, a restraining order can be issued against them.”
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When someone, by assault or otherwise with violence or by the threat of a criminal act, compels a person to have sexual intercourse or a comparable sexual act.
ObservationsRape may also be committed when the victim has not been compelled, but the perpetrator has improperly exploited the fact that a person is in a helpless state, owing to, for instance, unconsciousness, sleep, intoxication or other influence of drugs, illness, bodily injury or mental impairment.
Legal SourceCriminal Code, Chapter 6, Section 1.
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"Sexual coercion" applies when the preconditions for rape are not satisfied:
- "Sexual molestation" means exposing oneself to another in such a way that is likely to cause offence or otherwise behaving indecently by word or deed in a way that is likely to violate that person’s sexual integrity
- "Sexual abuse" means using a person’s dependence of one, to make the person do or support something sexual.
Legal SourceCriminal Code, Chapter 6, Sections 2, 3 and 10
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- Sweden
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Conduct of a sexual nature in working life that violates the dignity of a job seeker or an employer. Also applies to schools and university colleges.
ObservationsThe law regulates the employers’ responsibility of preventing and taking action against sexual harassment, rather than the act itself.
Legal SourceDiscrimination Act, Chapter 1, Section 4 and Chapter 2, Section 3
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- Sweden
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Criminal acts which are repeated by the same perpetrator against the same victim. The crimes must aim at violating the integrity of the victim and must be one of the following: assault and battery causing actual bodily harm, illegal threat, illegal coercion, illegal encroachment, sexual molestation, damage or intent to damage, or disrespect to prohibition of visits act.
Legal SourceCriminal Code, Chapter 4, Section 4b
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Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.
Legal SourceThe Domestic Violence (Crime and Victims) Act 2004 (strengthens protection orders by making breach of an order a criminal offence and, by virtue of Section 12 of the Act, extended the powers of courts to impose orders on perpetrators under the Protection from Harassment Act 1997, regardless of any conviction for an offence)
Legal provisions on protection ordersDomestic Violence Protection Notice and Domestic Violence Prevention Order
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Person A commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another person B with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents.
ObservationsIn Scotland, the legal provision for rape can be found in the Sexual Offences (Scotland) Act 2009.
Legal SourceSexual Offences Act 2003, Section 1.
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"Sexual assault" is the sexual touching of a person without their consent:
- Person A commits an offence if (a) he intentionally penetrates the vagina or anus of another person 'B‘ with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration and (d) A does not reasonably believe that B consents.
- Person A commits an offence if (a) he intentionally touches another person B, (b) the touching is sexual, (c) the person does not consent to the touching and (d) A does not reasonably believe that Bconsents.
ObservationsScotland: Sexual Offences (Scotland) Act 2009
Northern Ireland: Sexual Offenses (Northern Ireland) Order 2008Legal SourceSexual Offences Act 2003 UK, Section 2 and 3
Legal provisions on protection ordersSexual offences prevention orders: These orders are civil behaviour orders or ‘preventive orders’ imposed upon conviction (‘post-conviction orders’) or upon complaint (‘stand-alone orders’). A Sexual Offences Prevention Order (SOPO) is a civil order created by the Sexual Offences Act 2003 to replace Restraining Orders and Sex Offender Orders available through the Sex Offenders Act 1997. An order may be made against any ‘qualifying offender’ defined by section 106(5).
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Person (A) harasses another (B) if (a) A engages in unwanted conduct related to a relevant protected characteristic, and(b) the conduct has the purpose or effect of (i) violating B's dignity, or(ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B. A also harasses B if (a) A engages in unwanted conduct of a sexual nature, and(b) the conduct has the purpose or effect referred to in subsection (1)(b).
ObservationsUK law distinguishes between gender harassment (art 26 sub 1 (j. sub 5 “sex”) and sexual harassment (section 26 sub 2).
The relevant protected characteristics are: age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.
Legal SourceEquality Act 2010,Section 26A
Legal provisions on protection ordersSexual Offences Prevention Order [SOPO] (or Interim SOPO made on application by police) and Risk of Sexual Harm Order [RSHO]
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Stalking is a term used to describe a particular kind of harassment. Generally, it is used to describe a long-term pattern of persistent and repeated contact with, or attempts to contact, a particular victim.Whilst there is no strict legal definition of 'stalking', section 2A (3) of the PHA 1997 sets out examples of acts or omissions which, in particular circumstances, are ones associated with stalking:a) following a person;b) contacting, or attempting to contact, a person by any means;c) publishing any statement or other material, i. relating or purporting to relate to a person, or ii. purporting to originate from a person;d) monitoring the use by a person of the internet, email or any other form of electronic communication;e) loitering in any place (whether public or private);f) interfering with any property in the possession of a person;g) watching or spying on a person.
ObservationsCurrently the law is slightly different in England and Wales, Scotland and Northern Ireland but what is important is that stalking is against the law across the UK.
- Northern Ireland: current legislation in Northern Ireland already allows for prosecutions in relation to what is known as stalking. Prosecutions can be brought under harassment legislation for a number of offences.
- Scotland: theCriminal Justice and Licensing Actwas passed on June 30th 2010 and came into effect on December 13th 2010. Section 39 of this Act makes stalking a criminal offence.
Legal SourceProtection from Harassment Act 1997 (PHA), and Section 2A and 4A as amended by the Protection of Freedoms Act 2012.S125(2) of the Serious Organised Crime and Police Act 2005
Legal provisions on protection ordersVictims may apply for civil injunctions under the Protection from Harassment Act 1997, Section 3, to prevent stalking. Under theProtection from HarassmentAct, Section 5: a court sentencing someone convicted of any offence may also impose a restraining order prohibiting specified forms of behaviour which cause harassment or a fear of violence. Section 5A allows a court to make restraining orders in cases where there has been an acquittal, or a conviction has been overturned on appeal, but the court considers that an order is necessary to protect a person from harassment. Breach of a restraining order is a criminal offence punishable by up to 5 years imprisonment or an unlimited fine.
Northern Ireland: The Protection from Harassment (Northern Ireland) Order 1997 allows for the general offence of harassment and the offence of putting someone in fear of violence.
144 items / 12 pages