And sexual harassment at work can warrant dismissal
Sexual harassment committed by the head of a company or entity against his subordinate constitutes one of the aggravated forms of this crime and is punishable by up to eight years in prison; while, for workplace sexual harassment, not only reprimands can be imposed, but also dismissal.
This was explained by the specialist in legal issues of the Gender Justice Commission of the Judiciary and technical manager of the Results-Oriented Budget Program for the reduction of violence against women PPoR1002, Estefanía Saldaña Pérez.
It specified that sexual harassment is a crime typified in article 176 B of the Criminal Code that describes the conduct in which “a person, by any means, watches, persecutes, harasses or seeks an approach or contact without the consent of the victim with the purpose of carrying out acts of sexual connotation”.
The regulatory compendium establishes penalties ranging from 3 to 5 years in prison and when aggravating circumstances occur, the penalties can be extended from 4 to 8 years in prison, she remarked.
“The aggravating circumstances are: if there is a relationship of dependency or subordination, if it has occurred in the work or educational space, or between people who have maintained or maintain a relationship with a partner or family, if it is against an older person or a state of pregnancy and towards minors between 14 and 18 years old,” he said.
Regarding workplace sexual harassment, the lawyer said that this is conduct linked to institutional, training, educational or work spaces, of sexual or sexist expressions, inflicted on a person, disturbing them or creating a hostile, humiliating, threatening space and affecting their development. and employment status.
Sexual harassment can be expressed, she indicated, through “those promises of beneficial treatment in exchange for unwanted sexual conduct, use of terms, jokes, jokes, comments; also approaches, rubbing, leering glances that have a sexual connotation”.
“Or an express or indirect threat for the victim to develop conduct of a sexual nature and hostile treatment in the face of the rejection shown by the victim,” added Saldaña Pérez.
These behaviors, she pointed out, follow an administrative procedure and have consequences that can be from reprimands, to the most burdensome such as dismissal.
However, she clarified that if, within the framework of the corresponding investigation, elements are found to qualify it as sexual harassment, it must be processed through the corresponding criminal courts.
“Usually, it is erroneously considered that bullying or harassment requires that it be a repeated conduct, and no, since it would be enough just once to indicate that you have been a victim of these crimes, it is not required to prove the express rejection either, since it may have been rejected through other media,” he said.
On the other hand, the specialist highlighted that in any type of crime, even more so when it is linked to issues of violence against women, the victim’s statement is essential and for justice operators it must represent the “leading thread” in investigations and proceedings in this type of case.
“It is foolish to question the testimonies of the victims or blame them for them, one starts with that, giving it truthfulness, and then, within the framework of the investigations, other evidence is collected that could reinforce it,” she stressed.
In addition, it maintained that sexual harassment or harassment is subject to statutes of limitations or regulations, but that “there is no specific time to report this type of incident, the perfect time or space belongs to the victims when they feel in a position to formulate their complaints”.
“The term compliment has a social connotation such as flattery, but it can be a behavior that hurts or makes you uncomfortable; Thus, the guiding criterion must be the consent of the people: if it is accepted or not by the person who receives it, ”she pointed out.
Source: The Peruvian