Abstract [eng] |
Sexual harassment is a widespread social and legal problem worldwide. Sexual harassment is understood differently depending on cultural, social, and historical differences, so it is important to analyse the differences in the regulation of sexual harassment and to identify the main aspects of criminal liability in the context of sexual harassment. This paper discusses the different concepts of sexual harassment, the influence of social norms on the prevalence and legal regulation of sexual harassment, the reasons for the prevalence of sexual harassment, and the legal protection of LGBT persons in the context of sexual harassment. It also examines the constitution of sexual harassment as a criminal offence and the main problems related to sexual harassment in case law. The methods used were linguistic, discursive, comparative, teleological, and analytical. Sexual harassment is understood as the performance of unwanted acts of a sexual nature (verbal, physical, or otherwise) that are offensive to the honour and dignity of the victim and is considered a form of discrimination on the grounds of sex. The vast majority of victims of sexual harassment are women, and this is due to the influence of false and harmful social norms. It is also peculiar to note that little attention is paid to the legal protection of smaller social groups, such as LGBT people, against sexual harassment. In the European Union, more than 80 million women have been sexually harassed, which shows the seriousness of this phenomenon and the need for effective legal measures. Sexual harassment in the context of criminal law consists of vulgar or similar acts, proposals, suggestions, innuendos towards the victim, the continuity and intensity of the acts, the perpetrator's desire for sexual intercourse or satisfaction, and the existence of a relationship of dependence between the harasser and the victim. In addition to the Criminal Code, sexual harassment or other forms of discrimination on the grounds of sex and other grounds and liability in Lithuania are regulated by the Law on Equal Opportunities for Women and Men, together with the Code of Administrative Offences, the Labour Code and the Military Disciplinary Statute, the Civil Code. An analysis of the concept of sexual harassment, its prevalence, the influence of social norms, the constitution of sexual harassment as a criminal offence and other types of liability for sexual harassment has highlighted the following issues: The Criminal Code's disposition of liability for sexual harassment is redundant and creates a conflict of responsibilities in the qualification of the offence; victims of sexual harassment feel fear and pressure from society, there is a lack of psychological support, and there is a lack of trust in the legal system and law enforcement institutions; stereotypes and different social norms in society are the main causes of latency, and the majority of people (including victims) are not sufficiently informed about how sexual harassment can manifest itself in relation to them, how to recognise it in relation to other people, and what the issues of sexual harassment are; sexual harassment is most often expressed in the form of verbal language and gestures, which makes the process of proof in sexual harassment cases extremely difficult. Sexual harassment violates inherent human rights, and the entire legal system needs to be improved by adding obligations to legal norms and sub-legislation on sexual harassment prevention and education. |