ANALIZA REGLEMENTĂRILOR JURIDICE PRIVIND HĂRȚUIREA SEXUALĂ
ANALYSIS OF LEGAL REGULATIONS ON SEXUAL HARASSMENT

Summary/Abstract: The actuality of the topic addressed is determined by the increased victimization through sexual harassment crimes. The importance of the study lies in the practical interest that sexual harassment expresses. In general, sexual harassment creates a state of impulsivity, irritation, depression, fear, frustration, confusion and low self-confidence. It also produces an atmosphere of stress in the workplace, which in turn leads to decreased motivation and interest in performing job duties and responsibilities, as well as fatigue and a wide range of physical ailments. Although this phenomenon is a common one in everyday life, the gaps presented by the legislative framework regarding sexual harassment in conjunction with the superficiality with which the competent bodies treat the given phenomenon, make the judicial practice in the matter of sexual harassment, to be quite deficient, which seems incorrect. Also, the difficulties related to aspects such as proving the facts of sexual harassment, make this issue of particular interest, from a theoretical and practical point of view. We note with regret that the case law in the crime of sexual harassment does not always apply the appropriate rule for which a person should be held accountable for his criminal acts. In the sense that the courts apply the criminal norm of sexual harassment to facts that, in their content, contain elements of another crime, errors are committed in the classification of the crime, therefore, one of the parties to the criminal process suffers from this error, thus violating the principle of individualization of responsibility criminal and criminal punishment. The criminal framework in several states regarding sexual harassment reflects distinct understandings of the fact analyzed depending on the normative act that regulates it. On the one hand, in the criminal regulatory context of several states, sexual harassment is predominantly found in the system of crimes related to sexual life. On the other hand, the extra-criminal legislation, especially the one regarding equality or combating discrimination in the sphere of labor relations, of some states consider sexual harassment a form of discrimination based on sex.

• Details
• Contents