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sexual harassment

sexual harassment

sexual harassment is defined as the exercise of unwanted sexual behavior by one person towards another. The victim becomes the target of pressures, threats, insults, and even violence, aimed at reducing or eliminating their resistance and satisfying the perpetrator’s desires. 

According to the definition provided by law, “sexual harassment is any unwanted verbal, non-verbal, or physical sexual behavior that aims to or results in the violation of a person’s dignity, particularly through the creation of a hostile, intimidating, humiliating, or aggressive environment” (Article 2, paragraph d of Law 3896/2010). 

Compliments, proposals, jokes, admiration, and friendly conversation do not constitute sexual harassment. Flirting is also not considered sexual harassment. Flirting in human behavior is the expression of romantic interest through behaviors that indicate one person’s interest in another, aimed at establishing a romantic relationship, without a promise that this will occur.

Sexual harassment, according to Article 337 of the Penal Code, constitutes an “offense against sexual dignity” consisting of “obscene gestures or proposals concerning obscene acts,” “offending the dignity of a person in the area of their sexual life.” Obscene gestures involve physical contact (such as caresses, etc.), while obscene proposals may be verbal, written, or gestured, without physical contact.

The victim may report sexual harassment:

– to the prosecutor or the police, or the Ombudsman, or to the cybercrime unit (for acts committed via the internet), or

– to the domestic violence response unit of the police (for domestic violence), or

– to the labor inspection authority (for incidents occurring in the workplace).

– In an emergency, call 100; if you cannot speak, send a text message (SMS) stating your name, surname, address, and the nature of the emergency (e.g., “my life is in danger”).

– You can go to the nearest police station and report what has happened to you.

– If it is an incident occurring within the domestic context, you can contact the Domestic Violence Services of the Hellenic Police.

– If it is an act that took place online, you can contact the Cyber Crime Unit.

It should be noted that for offenses against sexual dignity/freedom, once the police authorities become aware, they will respond immediately, with sensitivity and respect for the victim’s personality and dignity.

Additionally, you can:

– Report the incident to the relevant prosecutorial authorities.

– Contact the Labor Inspection Authority at 15512 (when it concerns an incident occurring in the workplace).

– Reach out to local Mental Health Centers and Public Hospitals for psychosocial support.

– Call the SOS line 15900 of the General Secretariat for Demographic and Family Policy and Gender Equality for psychosocial support, legal advice, and shelter in safe houses, or contact local counseling centers [https://womensos.gr/symvouleutika_kentra_ota-2/](https://womensos.gr/symvouleutika_kentra_ota-2/) (which cater to women).

– Seek more information at [https://metoogreece.gr/…](https://metoogreece.gr/…).

Anyone who, through sexual gestures, proposals concerning sexual acts, sexual acts performed in the presence of another, or by exposing their genitals, seriously offends another’s dignity, is punishable by imprisonment for up to two years or a monetary fine. A formal complaint is required for criminal prosecution.

Critical provisions include Article 337 of the new Penal Code (offense against sexual dignity) and Article 361 of the Penal Code (insult).

Often, the victim hesitates to report the incident due to the fear of it becoming widely known in their social, work, and family circles, or due to the perpetrator’s strong position and the potential consequences of possible retaliation or fear of being slandered by the other party.

According to paragraph 1 of Article 337 of the new Penal Code, “1. Anyone who, through gestures of a sexual nature, proposals concerning sexual acts, sexual acts performed in the presence of another, or by exposing their genitals, seriously offends the honor of another, is punishable by imprisonment of up to one year or a monetary fine.” According to paragraph 4 of the same article, “Anyone who engages in gestures of a sexual nature or makes proposals for the performance of sexual acts to a person who is professionally dependent on them or exploits a person’s need for employment is punishable by imprisonment for up to three years or a monetary fine. A formal complaint is required for criminal prosecution.”

At this point, and before further analysis, it is crucial to clarify the difference between the concept of sexual harassment, as defined in the aforementioned article of the Penal Code – offense against sexual dignity – and that of sexual acts (rape), as defined in Article 336 of the new Penal Code. According to Article 336, a sexual act is sexual intercourse and acts of equal gravity. Court decisions have interpreted the concept of sexual act (rape) as sexual intercourse, as well as other acts of equal severity regarding the violation of the legal good of sexual freedom, such as, for example, “unnatural” intercourse, mutual masturbation, oral sex, analingus, or the use of substitute means, that is, acts that do not always or necessarily involve penetration.

On the other hand, gestures of a sexual nature, as referred to in Article 337 of the new Penal Code, are understood to be acts of lesser gravity that nonetheless offend sexual dignity, such as gestures or touches of the body that do not escalate to a sexual act. Lastly, a sexual act includes behaviors or gestures that, by common understanding, imply, indicate, or incite sexual acts. 

Thus, a sexual gesture might be a kiss on the mouth or a touch on the chest or thighs. Proposals concerning sexual acts do not involve physical contact but must necessarily refer to acts of increased gravity in the realm of sexual life, such as sexual intercourse or its substitutes. Therefore, proposals concerning lesser gravity acts, such as, for example, a proposal for a kiss, can only be treated as forms of insult. It is up to the court’s interpretation to determine whether a gesture or proposal is considered a sexual nature that seriously offends the dignity of the other person, thereby constituting the offense of Article 337, or whether it is a proposal concerning lesser gravity acts, which can only be addressed as a form of insult (Article 361).

What gestures and acts do not constitute sexual harassment:

Cases that do not initially constitute sexual harassment include:

– the offer or request for a ride in a car for commuting to and from work,

– the offer of a coffee,

– the intimacy and friendliness that develops between colleagues due to usually their long-term collaboration, e.g., in the form of mutual joking or discussing personal or financial concerns,

– the expression of non-vulgar and non-offensive compliments.

At this point, it is also essential to clarify the difference between flirting and sexual harassment. The former is based on equality and aims to express interest toward the other person, making them feel desired, creating positive feelings that respect the personal boundaries of the recipient, and in case of non-reciprocation, the person stops flirting. In contrast, sexual harassment occurs against the will of the individual, creates negative feelings, and violates personal boundaries with the aim of expressing and imposing power.

In several cases, the perpetrator, after the victim rejects the harassing behavior, does not stop and continues to express the same behavior more intensely. It is, however, an entirely measurable factor for the affirmation of harassment the historical context of the position that the harassed person has taken within this specific web of relationships. Thus, it has been ruled that the offering of a gift or a complimentary gesture combined with some probing discussions about the other’s feelings does not constitute sufficient evidence to accept the claim of sexual harassment, especially when it entails significant property-related sanctions.

Additional necessary conditions for sexual harassment (offense against sexual dignity) according to the Penal Code are:

A. The dignity of the other person must be seriously offended in the realm of sexual life. A serious offense is deemed as such when it is done in an especially rude manner and results in a severe reduction of dignity. However, when the offense is considered serious constitutes a difficult-to-prove factor.

B. Specifically, for the workplace, the perpetrator must carry out the aforementioned acts, exploiting the professional position of the victim or the position of a person seeking employment. Exploitation is accepted to exist when the perpetrator benefits from a situation, using it as an opportunity to achieve some goal, without necessarily requiring a relationship of employment dependency. Thus, the crime can equally be committed by peers or clients as well as by hierarchical superiors.

Finally, it is worth emphasizing that the relevant provision of the Penal Code specifically addressing cases of sexual harassment in the workplace is limited to instances where the perpetrator uses sexual gestures or makes proposals for the commission of sexual acts. It does not include cases of sexual acts performed in front of another or the exhibition of the perpetrator’s genitals, which are additionally mentioned in the general provision on sexual harassment—not only that which occurs in the workplace. These cases, not included in the specific provision for the workplace, are covered by the general provision.

In any case, it has been ruled by case law that if criminal prosecution has been initiated for the crime of sexual harassment, and the incidents accepted by the court do not constitute that crime but rather constitute the offense of insult, it is permissible to change the charge and thus the perpetrator can be convicted even for the offense of insult under Article 361, which states, “Whoever, aside from the cases of defamation (Articles 362 and 363), offends another’s honor with words, actions, or by any other means is punishable by imprisonment for up to six months or a monetary fine….”

In summary, a person who has suffered sexual harassment in their workplace can file:

1. A civil lawsuit against their employer, claiming damages from the perpetrator and seeking compensation for the offense,

2. A criminal complaint to initiate prosecution of the perpetrator for the offense of sexual harassment or insult.

The recommended legal strategy to be adopted by the victim is, first and foremost, to gather evidence regarding the behavior of the perpetrator. Thus, keeping a journal or a record of incidents (when they occurred, their content, witnesses, etc.) will assist the victim’s attorney and lead to an effective legal approach to a given case.

trust the best criminal lawyers of Economou & Economou law office in Athens Greece, recommended by Lawzana as the best criminal lawyers in Greece https://lawzana.com/lawyer/economou-economou-law-office , we ll treat confidential your case with professionalism and effectiveness. You may contact us via email at econlaw@live.com , via tel +302103603824 or by filling our contact form https://www.econlaw.gr/contact/

Best criminal lawyers for sexual harassment in Greece Economou & Economou law office is Athens Greece tel: (+30)2103603824 email: econlaw@live.com

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