| Abstract [eng] |
This master's thesis analyzes the composition of sexual harassment, criminalized in Lithuanian Criminal Code Article 152. The first part of the work discusses social and legal preconditions for sexual harassment criminalization. It also reveals the prevalence of this this phenomenon in Europe and Lithuania. In the second part of this thesis the elements of the composition of sexual harassment are thoroughly analyzed. The object of the crime, the victim, acts of harassment, a sign of dependence, a special subject and a specific purpose are discussed, the problemic aspects are revealed, relevant case law is submitted. In this part elements of corpus delicti of sexual harrasment established in Lithuanian Criminal Code are compared with German and France criminal law provisions. Moreover, positive examples of foreign regulation are presented. In the third part of the thesis sexual harrasment is delimitated from administrative offenses, such as violation of Republic of Lithuania Law on Equal Opportunities for Women and Men and violation of Republic of Lithuania Law on Equal Treatment. In this part sexual harrasment is also delimitated from other crimes and misdemeanours against freedom of human sexual self-determination and inviolability, such as sexual assault, satisfaction of sexual desires by violating a minor’s freedom of sexual self-determination and/or inviolability and sexual molestation of a person under the age of sixteen years. Relevant case law on this issue is also analyzed. |
