| Abstract [eng] |
As society has become increasingly aware of sexual offences and their victims, it has become apparent that sexual harassment is a topic of particular relevance for criminal law. The aim of this work is to analyse the concept and composition of sexual harassment and to distinguish the elements of this offence from other offences against the freedom and integrity of sexual decision, to assess the compliance of sexual harassment with the ultima ratio principle and other criteria for criminalisation of the offence. The following research methods were used to investigate the chosen subject and to achieve the objective of the work: linguistic, discursive, and scientific literature, legal acts and case law analysis methods were used to define the concept of sexual harassment and the composition of this norm. The comparative method is applied to distinguish criminal liability for sexual harassment from administrative liability. A systematic approach has been applied to determine the compliance of criminal liability for sexual harassment with the ultima ratio principle. Particular attention is paid to the jurisprudence of the Constitutional Court of the Republic of Lithuania and the case-law of the courts of general competence. The legal system of the Republic of Lithuania establishes disciplinary, civil, administrative and criminal liability for sexual harassment. Sexual harassment is provided for in Chapter XXI of the Criminal Code of the Republic of Lithuania, Crimes and criminal offences against the freedom and inviolability of human sexual decision-making. The offence of sexual harassment, the only one in this chapter, is established as a criminal offence. Objectively, it consists of vulgar or similar acts, suggestions or innuendoes aimed at sexual contact or gratification. There is more than one evaluative concept in the disposition of this criminal offence. As a result, in case-law there are often difficulties in distinguishing sexual harassment from other offences against the freedom and integrity of sexual decision-making. This paper identifies the distinguishing features between criminal and administrative liability for sexual harassment, and the features that allow the distinction between sexual harassment and other offences against the freedom and integrity of sexual choice The doctrine of the Constitutional Court of the Republic of Lithuania is of the opinion that sexual harassment is understood as unwanted, unacceptable behaviour motivated by the intention to violate human dignity, to create an intimidating, humiliating or offensive environment. Sexual harassment undoubtedly violates important protected legal rights and criminal liability, as an ultima ratio measure, is the appropriate type of liability to combat it. The relevance of the prevalence of the act as a criterion for criminalisation is undeniable, since sexual harassment is a widespread phenomenon at both national and European Union level, but the number of recorded acts remains very low. The current legal framework on sexual harassment criminalises a very wide range of acts. Therefore, in order to ensure the effectiveness of criminal justice and to ensure that sexual harassment is in line with the essence of the seriousness of the act as one of the criteria for criminalisation, it is necessary to make certain changes to the criminal law. |
