Previous definitions of harassment
Before starting the survey we want to offer you some definitions in relation to this type of behavior and its classification in the Spanish order, so that you can understand if you have been the victim of any of them.
Sexual harassment is any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of attacking the dignity of a person, in particular when creating an intimidating, degrading or offensive environment.
Sexual harassment is any behavior performed on the basis of a person’s sex, with the purpose or effect of attacking their dignity and creating an intimidating, degrading or offensive environment. The conditioning of a right or an expectation of entitlement to the acceptance of a situation constituting sexual harassment or sex harassment shall also be considered as an act of discrimination on the basis of sex.
Crime of sexual Harassment: article 184 of the Organic Law 10/1995, of 23 November, typifies the crime of sexual harassment by stating that:
- “The person who requests sexual favors, for himself or for a third party, in the field of a working, teaching or service-providing relationship, continued or habitual, and with such behaviour will provoke the victim to an objective and seriously intimidating situation , hostile or humiliating, will be punished, as the perpetrator of sexual harassment, with a prison term of three to five months or a fine of six to ten months.
- If the perpetrator of sexual harassment had committed the fact by prevaliding a situation of work, teaching or hierarchical superiority, or with the express or tacit announcement of causing the victim an evil related to the legitimate expectations that the person may have in the Scope of the indicated relationship, the penalty will be of prison of five to seven months or fine of 10 to 14 months.
- When the victim is particularly vulnerable, by reason of their age, illness or situation, the penalty shall be imprisonment of five to seven months or fine of 10 to 14 months in the cases referred to in paragraph 1, and of imprisonment of six months to one year in the cases foreseen in the Paragraph 2 of this article. ‘
Involvement of Companies
In accordance with articles 31 bis, 31 ter 31 and 31 quinquies of the Penal Code in relation to the offences of article 127 bis of the Penal Code and some other offences related and committed against sexual freedom, the company which does not have an independent charge q The EU will serve as a channel to the possible allegations and does not carry out a risk map of the possible crimes that can be committed in the company, it would be also legally responsible.
Therefore, if the company does not carry out the due diligence imposed by article 31 bis and the following, it will be condemned as direct responsible or author of the crime, so it is in the interest of the companies to have a channel by which the people who suffer sexual harassment in the Work can denounce with guarantees.
The research carried out in the United States in the year 2015 by the Cosmopolitan magazine with a sample of 2,235 women workers, threw the following results: 1 in 3 women between 18 and 34 years, has been the victim of some kind of harassment related to his Sex. There are also many women who do not know that the behavior they are being subjected to constitutes sexual harassment. In fact, there are 16% of women who, if asked if they have experienced sexual harassment, deny it and yet claim that they have suffered verbal attacks of a sexist character intimidating or against their dignity. 81% of women claim to have experienced verbal sexual harassment. A 44% declare that they have been subjected to unwanted or even explicitly rejected touches, while 25% have received emails or unwanted texts. With respect to the harassers, a 75% claim to have been harassed by male colleagues in the workplace, 49% by male clients, 38% by managers and 10% by female colleagues.
42% of harassment took place in the food and catering sector, 36% in retail, 31% in STEM sectors, 31% in arts and entertainment and 30% in legal and consultancy. On the percentage of complaints, we found that in the U.S. 29% of women denounced when the survey was conducted against a 71% who never reported it. With regard to the level of education, we find that there is a directly proportional relationship between the degree of training and the percentage of harassment, growing the more women are formed. Thus, 45% of the women harassed have university degree, 29% higher education and 19% basic education. In Spain there is no real data because this topic has traditionally been considered taboo. Following the allegations of the Hollywood actresses different collectives have decided to break their silence. The WF Foundation aims to respond to this information gap with its observatory of sexual harassment OAS, investigating the situation in Spain and proposing measures to prevent more women from suffering this serious situation in their work environments.
Now, you can help make our society stop covering up the harassment.
Do you want to participate in scientific research and get society to put resources to stop tolerating this phenomenon and eradicate it?
You can participate by filling in a survey anonymously, it will take you no more than 10 minutes, and you will have helped to make a step in the construction of a more equitable and egalitarian society for all, in which respect the dignity of both sexes equally.