Sexual Harassment and its Legal Regulation

Sexual harassment constitutes a crafts de violence that threatens the dignity, integrity and freedom of people, and is typified in the legislation penal to protect victims in different contexts, including work, educational, family and public spaces.

1. General sexual harassment (Article 145)

Sexual harassment is considered when a person watches, pursues, harasses or besieges to another for sexual purposes.

• Sanction:
  • Prison less of 1 2 years
  • Fine from 3 to 6 minimum wages
  • Socio-judicial monitoring measures

Relevant paragraphs:

• Paragraph I: If the harassment is carried out through electronic media, social networks or digital platforms, the penalty increases the 2 to 3 years of prison less, as well as the Tribunal may restrict the use of technological means by part of the convicted.
• Paragraph II: If it occurs within the framework of relationships of power, authority o confidence. (work, academic, religious or family), the sanction rises to 2 to 5 years of prison less y 9 to 15 minimum wages fine.
• Paragraph III: In places of work, sexual harassment may justify resignation of the victim as seen here to legislation labor, without damage from other legal actions.

2. Sexual harassment in public spaces (Article 146)

Sexual harassment in public spaces is considered when the person repeatedly harasses, stalks or intimidates to another in public or access places public through obscene or degrading gestures, actions or expressions, affecting their dignity, integrity, freedom or stay in place.

• Sanction general:
  • Prison less of 2 3 years
  • Fine from 9 to 15 minimum wages
  • Socio-judicial monitoring measures
• Sanction aggravated (children, adolescents, people with disabilities or vulnerable):
  • Prison less of 3 5 years
  • Fine maxim
  • Socio-judicial monitoring measures