Previously, it was believed that predominantly women were susceptible to socially dangerous acts of a sexual nature, but in modern realities any citizen of our society can become a victim of a crime. Sexual harassment can occur at work, on public transport, or in prison.
Based on the theory of criminal law, sexual harassment should be understood as various actions aimed at carrying out sexual persecution, rape and perversion. Such actions include: deception, intimidation, threats, bullying, physical influence.
We propose to consider in more detail the composition of this crime and the algorithm of actions to protect yourself from sexual assault.
Important! If you are dealing with your own harassment case, you should remember that:
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The attitude of Russian law to sexual harassment
Russian legislation on criminal law consists of this Criminal Code of the Russian Federation, which operates within the framework of the principles of the Constitution of the Russian Federation, and international norms. Thus, when defining such socially dangerous acts as sexual harassment, we can turn to a number of international normative documents (documents of the United Nations, International Labor Organization, model laws in the format of the Commonwealth of Independent States, etc.).
The Criminal Code of the Russian Federation (CC RF) does not directly introduce the term “sexual harassment”, including a similar crime in Art. 133 of the Criminal Code of the Russian Federation. The absence of a separate article devoted exclusively to sexual harassment is due to the relative novelty of the very construction of the act in Russian criminal law enforcement.
○ Legal harassment: what is it?
Unfortunately, the legislation of the Russian Federation does not have a clear concept of harassment and its definition. Only a cumulative analysis of regulations of foreign countries, international law, as well as reference books and encyclopedias will give a fairly complete idea of what harassment is.
Harassment is a deliberately unpleasant or intrusive act committed against the will of a person, causing obvious inconvenience to him or her, or expressed in an offensive, humiliating or otherwise unacceptable form.
There are many other definitions of harassment, but the main features of this act must be:
- Rejection of the person against whom certain actions are taken of such behavior.
- The intrusiveness of illegal actions, the impossibility of stopping them by reasonable and generally accepted methods of communication between people (conversation, request, shouting, demand).
- Offensiveness , the inadmissibility of such behavior for the person against whom they are committed.
There is no separate article punishing harassment in Russian legislation.
However, a number of actions that in other legal systems would be clearly regarded as harassment are still punishable in our state. Moreover, if the court establishes the fact of harassment, the laws of the Russian Federation, like the laws of other countries, allow you to file a claim and even compensate for moral damage caused by illegal actions.
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Article 133. Compulsion to perform actions of a sexual nature
The closest thing to sexual harassment is the wording of Art. 133 of the Criminal Code of the Russian Federation - coercion to acts of a sexual nature, which provides for not only coercion itself, but also the commission of other sexual acts. The purpose of coercion is to obtain the forced consent of the victim to commit more dangerous sexual acts.
For sexual harassment, the following may be used:
- blackmail - the threat of disseminating information of a compromising nature;
- threat of property damage - including destruction, damage or seizure;
- exploitation of any dependent position of the victim.
It is worth noting that sexual harassment within the framework of the Criminal Code of the Russian Federation as an object of a crime implies not only the sexual integrity and freedom of a person, but also the honor and dignity of the victim that are inextricably linked with them.
The objective side of the crime is characterized by the commission of active actions, in connection with which the crime can be committed exclusively within the framework of direct intent.
Note!
Activity within the framework of sexual harassment is expressed in the form of a demand, offer or other influence that is understandable to the victim.
A prerequisite for the existence of a crime is the lack of consent (will) of the victim, which can be expressed in any form - verbal, written, through physical actions or gestures, as well as coercion itself.
Article and responsibility for telephone terrorism and hooliganism in the Criminal Code of the Russian Federation
June 8, 2020
Article and responsibility for telephone
terrorism and hooliganism in the Criminal Code of the Russian Federation
Telephone hooliganism is not always a criminal offense. To become a defendant in a criminal case initiated due to hooliganism during a telephone conversation, a person must at least perform a number of acts that fall under the definition of hooliganism, in accordance with their interpretation as such in the Criminal Code. What article of the Criminal Code of the Russian Federation provides for telephone hooliganism and what actions fall under it will be discussed in this article.
What is telephone hooliganism
The Criminal Code of the Russian Federation provides for article 213 for telephone hooliganism. This phenomenon has become especially widespread in recent decades. This is due to the fact that now every person has a mobile phone, sometimes more than one. The phenomenon is so widespread that there is even a term for telephone hooligans. They are called pranksters.
Most often, teenagers want to call and mock someone. However, they often do not realize that their actions are a violation of the law. To understand exactly what actions can be considered hooliganism over the phone, you need to understand what exactly the legislator means by the concept of hooliganism.
According to the above-mentioned Article 213 of the Criminal Code of the Russian Federation, actions are considered hooliganism in the following cases:
- are a gross violation of public order;
- appear as open disrespect for the existing social system and members of society;
- made using weapons of any type, or things capable of acting as such;
- the root cause of which is hatred of any kind: religious, racial, class, etc.;
- committed in a place where there is a large gathering of members of society.
From the above, it becomes clear that criminal liability for telephone hooliganism occurs extremely rarely.
The problem is that it is very difficult to prove the presence of hooligan motives described in Article 213 of the Criminal Code of the Russian Federation. At the same time, this state of affairs does not mean that those who like to have fun in this way can relax. In addition to the Criminal Code, penalties for such actions are also provided for by the Code of Administrative Offenses of the Russian Federation.
Hooliganism on the telephone from the point of view of the Code of Administrative Offenses of the Russian Federation
The Code of Administrative Offenses of the Russian Federation considers public order as the object of a crime. In particular, there are several points that allow pranksters to be held accountable.
A suitable article for telephone hooliganism is 20.1.
The following actions are considered hooliganism:
- expression of disrespect towards members of society;
- violation of the established foundations of society;
- obscene language;
- insults and harassment.
Performing all of the above actions, including during a telephone conversation, entails sanctions.
The law provides the following punishment for telephone hooliganism of this type:
- fine from 500 to 1000 rubles;
- imprisonment for up to 15 days.
As a rule, punishment is imposed on an increasing basis. For the first time there is a fine, for the second and subsequent times - administrative arrest with an increase in term. The fine may be increased if the hooligan does not respond to the comments of law enforcement agencies.
When telephone hooligans are punished according to the provisions of the Criminal Code
Cases of bringing pranksters to criminal liability are quite rare. At the same time, it cannot be said that they do not exist at all. It all depends on what the bully says on the phone. The fact is that what was said during a telephone conversation can be punished in accordance with the provisions of other articles of the Criminal Code of the Russian Federation.
This may include:
- Telephone terrorism. Article for telephone terrorism - 207 of the Criminal Code of the Russian Federation.
- Threats to the life and health of the interlocutor, if there are reasons to believe that they can be carried out. Responsibility for this is provided for in Article 119 of the Criminal Code of the Russian Federation.
In a number of Western countries, there are penalties for telephone harassment. The article of the Criminal Code of the Russian Federation does not provide for telephone harassment, no matter how indecent and “dirty” it may be. According to the law, actions of this kind are considered petty hooliganism and are punished accordingly - with a fine or administrative arrest.
Telephone terrorism
Telephone terrorism (Article 207 of the Criminal Code of the Russian Federation) is a fairly serious crime, characterized by the transmission of knowingly false information about any acts committed or being prepared to be committed that could lead to the death of people.
The punishment for such a crime can be very severe:
- a fine of up to 200,000 rubles;
- a fine in the amount of the average salary for 18 months;
- compulsory work for up to 480 hours;
- correctional labor for up to two years;
- forced labor for up to 3 years;
- restriction of freedom for a period of 3 years;
- arrest for a period of 3 months to six months;
- imprisonment for up to three years.
Why is hooliganism by telephone under Article 213 of the Criminal Code of the Russian Federation or 20.1 of the Code of Administrative Offenses punished less severely? After all, the principle of the actions performed by the attacker is the same. The fact is that every message of this kind must be checked by special services.
Specialists of various levels go to the site of the alleged emergency, equipment is delivered, nearby houses are evacuated, and the operation of the facility that will be inspected is suspended. In simple words, the response of special services, on the one hand, involves the need for huge expenses, and on the other, while they are busy in another place, an explosion or something similar could actually happen, and they will not have time to react.
Unfortunately, as in most cases, the legislation in this regard is far from ideal. Let's say the police control room received a call. The person on the other end of the line said that some object was mined. All emergency services will be alerted and people from the site will be evacuated. As a result, the alarm will be false.
How should the police respond? Find the telephone terrorist and punish him. Everything is true, but what if the caller actually saw an abandoned object with wires sticking out in all directions and making strange sounds? Of course he called the police. When the evacuation began, the owner of the ticking device simply took it with him. It’s good if law enforcement officers start looking into it in detail, but if not, then a socially responsible person will receive, at best, a fine of 200,000 rubles, and next time he’ll think carefully about whether to call, even if something is burning before his eyes.
It should be added that the punishment for telephone terrorism may be increased. This happens if the damage is considered major. In simple words, response costs exceeded 1,000,000 rubles.
In such a situation, the following sanctions may be applied to the offender:
- fine up to 1,000,000 rubles;
- a fine in the amount of income for 3 years;
- imprisonment for up to 5 years.
Most often, telephone terrorists are children. There are often cases when they “mined” the school before difficult tests or exams. The legislator considered that such cases should also be punished, but responsibility falls on the shoulders of parents or guardians. Most often, the legal representatives of a child terrorist pay a fine for improper upbringing and compensate the state for losses.
Sanctions for committing acts of telephone terrorism by minors are not subject to change. If a child has committed such an illegal act, then the punishment does not change even when he was emancipated, of course, if by that time the fine has not yet been paid.
As practice shows, in real life it is telephone terrorists who are punished. Other offenses committed in a similar way are difficult to prove, or are simply ignored due to their insignificance.
Categories of workers included in the risk group
Speaking about the concept of victimization in the case of sexual harassment in the workplace, it should be noted that the most vulnerable persons and, thus, potential victims may be:
- the lowest level of employees of the organization, performing the simplest functions;
- new employees;
- unsociable employees, perhaps without family, relatives and friends, who, due to their character and isolation, are not ready to report a criminal violation of their rights;
- Single mothers, as well as single fathers, are that level of employees who are not ready to lose their jobs due to the need to support a child.
It is important to note that any employee can become a victim of sexual harassment at work for one or another objective reason, since often the offender is not guided by anything when choosing a victim.
Sexual harassment at work
One of the types of sexual harassment under Art. 133 of the Criminal Code of the Russian Federation stipulates illegal sexual acts at work. The key factor is the dependence of one level of employees on another, the hierarchy of power within a single company.
No matter the degree of subordination between the potential perpetrator and the victim, sexual harassment in the workplace must be dealt with immediately.
In case of attempts to peacefully resolve the issue, the victim can contact the head of the organization and notify the trade union body, if there is one. Nevertheless, whatever the decision of senior management, we recommend filing a complaint with law enforcement agencies.
Since the Criminal Code of the Russian Federation does not have an article specifying sexual harassment, the definition of sexual harassment at work is based on international law enforcement practice.
In general, sexual harassment at work occurs if a superior employee, under whose supervision a person is, psychologically or physically induces him to enter into an intimate relationship.
Note!
Contacting law enforcement agencies does not require the availability of sufficient and relevant evidence. In any case, the police must verify the fact of the statement itself.
○ Types and methods of harassment.
Harassment can come in a variety of forms, depending on the behavior and status of the victim, as well as the purpose of the unlawful act being committed.
It is the perception of these actions by the victim that forms the basis for determining whether such acts are permissible against him or not.
Certain actions - for example, obscene jokes or anecdotes with overt sexual overtones, “friendly” spanking or pinching in various places, etc. for one person they can be extremely unpleasant and look like offensive harassment and even a reason to go to court, but for another it is the norm, the usual state of affairs and a simple joke.
Harassment can be roughly divided into the following types:
✔ Sexual harassment.
Most often, at the mere mention of the term “harassment,” any of us has strong associations with the topic of sex and gender relations.
to actions committed against the will of the victim and carrying clear sexual overtones or a hint of intimacy : intrusive offers of sexual contact; tingling, touching, stroking that goes beyond the generally accepted norms of behavior in society and the relationship between two people (for example, close friends can afford much more than strangers); dirty jokes, lustful conversations and indecent stories told against the will of the listener; violent actions aimed at obtaining sexual pleasure, etc.
It is sexual harassment, especially when committed against minors, that is the most dangerous and destructive for society, being punishable in almost all civilized countries.
Sexual harassment can also be committed at work or in other circumstances where the victim is knowingly subordinate to or dependent on the perpetrator.
Here are just a few examples of typical sexual harassment in different areas of life:
— Forcing a student to have sex , committed by a teacher in exchange for the absence of problems in studies or indulgences;
— Demanding sexual contact from a person, associated with blackmail and threats of disseminating compromising or defamatory information in case of refusal;
— Harassment of a female subordinate by her boss under threat of dismissal or creating problems at work;
- Inducing intimacy with a woman (or even a man!) who owes a large sum of money to her creditors, etc.,
— Conversations on the topic of sex , vulgar hints and touching beyond the bounds of decency, committed by an adult in relation to a minor of any gender.
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✔ Other types of harassment.
Harassment in public places.
Most often, such actions also carry sexual overtones and are committed as if by chance, secretly.
Actions can be expressed in pressing against passengers of the opposite sex or minors in transport, passers-by in a crowd, on an escalator, etc.; feeling parts of the body, touching which by strangers goes beyond the bounds of decency; expressed in the form of attempts at exposure or penetration with hands under clothing, etc.
To prove this kind of harassment, and even to bring it to justice in modern realities, is not just difficult, but almost impossible .
Obsessive attention.
Intrusive and unwilling offers of conversation, communication, acquaintance, fulfillment of any request, persecution and surveillance, deliberate and rigged meetings do not pose any threat, but deliver a lot of unpleasant emotions to the “victim”.
This also includes annoying calls when the attacker is silent, whispers rude things into the phone or intimidates the victim.
Unfortunately, the police do not respond to such requests unless they contain direct death threats or signs of other crimes.
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In transport - in the subway
Another level of sexual harassment is becoming widespread in the area of public transport. High congestion on metro lines, crowding on the bus, rush - all this contributes to the commission of sexual harassment in the subway, and in any type of public transport, especially during rush hours.
As with workplace harassment, you should not hesitate to contact law enforcement. As long as you remember the face of the criminal, elements of clothing and other accompanying circumstances, write a statement to the police.
The difficulty in administering punishment for sexual harassment on public transport is based on the practical impossibility of collecting evidence and interviewing witnesses. However, the appeal initiates a law enforcement investigation, which will help not only to catch the criminal, but also to prevent possible crimes.
○ What to do if you are being harassed?
If you have become a victim of sexual harassment, be sure to confirm this with indisputable evidence : audio or video recording.
As a last resort, in evidence when contacting the police, witness testimony , but if the witness is a person close to you (friend, relative) or a person who is in a deliberately hostile relationship with the accused, the police are reluctant to accept this testimony and more often everything strives to refuse to hold a person accountable.
Having evidence of harassment against you, you must:
— Contact the police by filing an appropriate statement;
- Contact the prosecutor's office if the application is not accepted for processing, the police are obstructing you, or you have been officially refused to initiate a criminal or administrative case;
— File a claim in court for damages if a case is initiated and the perpetrator is held accountable.
It is highly advisable to enlist the support of a lawyer, who will help overcome the bureaucratic obstacles of our legislation.
Video
Program “Sum of Opinions”: discussion of harassment. New law on harassment.
Part 1.
Part 2.
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