Sexual harassment at work. Article 133 of the Criminal Code of the Russian Federation. Compulsion to perform sexual acts

Harassment is unpleasant enough for all women. Actions of this kind can be carried out both by a stranger and by an employer or teacher. My boss, using his official position, tried to induce me into unwanted relationships of a sexual nature.

I, in turn, did not want to lose my job and was in a hopeless situation. So I turned to a lawyer. The specialist told me whether current legislation provides for liability for harassers, what specific actions can be considered inducement to sex, and what punishments await violators. I will talk about all this in this article.

Definition of the concept

Sexual harassment at work is not only coercion on the part of the rapist to perform sexual intercourse, not only exposing them to a threat, which leaves two choices: to submit to the desire of the attacker or to suffer serious (including murder) consequences of his refusal. This includes anecdotes, “greasy” jokes, touches, hints - everything that a well-mannered, highly moral person cannot afford. And even more so in the work collective.

Both women and men in their workplace have the right to expect that their superiors and other employees adhere to certain standards that exclude any sexual behavior.

What is the main characteristic of the term? Sexual harassment at work is all actions by a boss or colleagues that are undesirable and unacceptable for a particular victim. In other words, this concept is individual for each victim. Therefore, seemingly innocent signs of attention - flowers, phone calls, love notes, compliments - can also be considered harassment.

How employers deal with harassment

Some Russian employers have learned to stop the unacceptable behavior of their subordinates.

1. The first way is to have a conversation with a subordinate who allows undesirable behavior and explain to the person why his behavior is unacceptable. Sometimes the subordinate does not realize that he is doing something wrong. He is asked not to do such actions again, but if the person has done something serious that is contrary to the moral and cultural approach of the organization, then he may be forced to leave his job.
2. The second way is to establish rules of behavior at work in local regulations. All subordinates become familiar with the contents of this document upon signature. If an employee does not comply with these rules, he or she faces disciplinary action. If his undesirable behavior continues, the employer may terminate his employment contract due to repeated violations of labor discipline.

The rules established in local regulations must answer the following questions:

• what responsibilities do subordinates have to prevent undesirable behavior in the workplace;
• what cases, actions, and behavior in the company are considered harassment;
• what behavior of subordinates demonstrates violation of labor discipline;
• what measures have been introduced to protect victims of harassment at work;
• what should a subordinate do when faced with harassment, where can he go and file a complaint.

In Russia, conservative sentiments are gradually changing. Young people have a stronger sense of self-worth and are not afraid to defend it, so they are more effective in resisting harassment.

Any harassment of subordinates is unacceptable, including actions that can be regarded as coercion into sexual relations. This rule is established in the code of corporate conduct for employees. If the victim has experienced harassment, he can contact his manager or director of human resources, who will conduct an immediate investigation. There is also a hotline number through which an employee has the opportunity to anonymously talk about his situation and get an investigation.

Types of sexual harassment at work

The subject of our conversation can be represented in several categories. Sexual harassment at work is classified into the following types:

• Verbal. Hints, threats, jokes, anecdotes, insults, suggestions that have a sexual connotation.
• Nonverbal. Whistling, interjections, obscene sounds and gestures. Some even include meaningful glances here.
• Physical. These are various touches, hugs, pinching, stroking, which can lead to forced sexual intercourse or even rape.

Compound

The measure of suppression of any unlawful act is selected in accordance with the composition. A crime of this type is considered completed at the moment when a mental influence was exerted on the victim, regardless of whether the coercer ultimately achieved his goal or not, that is, the corpus delicti is formal. The object is sexual integrity (when committed with a minor), the way of sexual relations, sexual freedom. If financial dependence was used during coercion, the court needs evidence of the existence of dependence.

The objective side is the provision of mental influence on the victim in order to obtain consent to sexual acts (intercourse, lesbianism, sodomy, etc.). The methods may be different, but a prerequisite is that the victims perceive the threats as real. The subject is a woman or man who has reached 16 years of age and is of adequate age.

The subjective side is direct intent, which means the guilty person has a clear awareness of the results of the actions by which he achieves his goal. In this case, there can be no question of unconscious actions - the offender acts completely consciously and intentionally.

The goal of the perpetrator may be to independently engage in sexual intercourse with the victim, or he forces the victim to have intercourse in the interests of a third party. The third person is outside the composition, that is, if he is not an accomplice, instigator or organizer, then he is not subject to criminal prosecution.

In order to initiate an investigation into coercion into sexually motivated behavior, the following is required:

1. The target of harassment (object), to whom claims were announced in various forms, inducing sexual intercourse.
2. Threatening statements or other behavior that violates an individual's civil rights.
3. A subject over 16 years of age who made a statement against another person, threatening him or her if he refused intercourse.

If the listed components are present, confirmed by evidence, a criminal case will be opened and an investigation will begin, which will result in a court verdict. When determining a preventive measure, the decisive factor is the age of the victims.

Examples of sexual harassment

Let's be specific about what is included in the concept under consideration. Compulsion to perform sexual acts may be as follows:

• Patting, pinching, caressing, hugging, stroking, kissing and other physical contact with any part of the victim’s body, which he considers inappropriate.
• Unpleasant and unwanted proposals of a sexual nature, hidden and overt.
• Obvious expectations (both weakly and strongly expressed) from the victim of sexual actions, requests, demands for privacy, dates. In relation to everyday work, it may be accompanied by explicit or veiled hints about promotion in return or, conversely, the onset of negative consequences.
• Verbal jokes, insults that have a sexual basis. This includes vulgar remarks, “greasy” jokes, hints, compliments on the figure and appearance of a woman or man. Everything on the list that is obscene, offensive, and undesirable for the victim.
• Creating a hostile, unbearable, intimidating environment for the victim through actions, dialogues, monologues in response to the victim’s refusal to be forced to engage in sexual acts.

○ Types and methods of harassment.

Harassment can come in a variety of forms, depending on the behavior and status of the victim, as well as the purpose of the unlawful act being committed.

It is the perception of these actions by the victim that forms the basis for determining whether such acts are permissible against him or not.

Certain actions - for example, obscene jokes or anecdotes with overt sexual overtones, “friendly” spanking or pinching in various places, etc. for one person they can be extremely unpleasant and look like offensive harassment and even a reason to go to court, but for another it is the norm, the usual state of affairs and a simple joke.

Harassment can be roughly divided into the following types:

✔ Sexual harassment.

Most often, at the mere mention of the term “harassment,” any of us has strong associations with the topic of sex and gender relations.

to actions committed against the will of the victim and carrying clear sexual overtones or a hint of intimacy : intrusive offers of sexual contact; tingling, touching, stroking that goes beyond the generally accepted norms of behavior in society and the relationship between two people (for example, close friends can afford much more than strangers); dirty jokes, lustful conversations and indecent stories told against the will of the listener; violent actions aimed at obtaining sexual pleasure, etc.

It is sexual harassment, especially when committed against minors, that is the most dangerous and destructive for society, being punishable in almost all civilized countries.

Sexual harassment can also be committed at work or in other circumstances where the victim is knowingly subordinate to or dependent on the perpetrator.

Here are just a few examples of typical sexual harassment in different areas of life:

— Forcing a student to have sex , committed by a teacher in exchange for the absence of problems in studies or indulgences;

— Demanding sexual contact from a person, associated with blackmail and threats of disseminating compromising or defamatory information in case of refusal;

— Harassment of a female subordinate by her boss under threat of dismissal or creating problems at work;

- Inducing intimacy with a woman (or even a man!) who owes a large sum of money to her creditors, etc.,

— Conversations on the topic of sex , vulgar hints and touching beyond the bounds of decency, committed by an adult in relation to a minor of any gender.

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✔ Other types of harassment.

Harassment in public places.

Most often, such actions also carry sexual overtones and are committed as if by chance, secretly.

Actions can be expressed in pressing against passengers of the opposite sex or minors in transport, passers-by in a crowd, on an escalator, etc.; feeling parts of the body, touching which by strangers goes beyond the bounds of decency; expressed in the form of attempts at exposure or penetration with hands under clothing, etc.

To prove this kind of harassment, and even to bring it to justice in modern realities, is not just difficult, but almost impossible .

Obsessive attention.

​Intrusive and unwilling offers of conversation, communication, acquaintance, fulfillment of any request, persecution and surveillance, deliberate and rigged meetings do not pose any threat, but deliver a lot of unpleasant emotions to the “victim”.

This also includes annoying calls when the attacker is silent, whispers rude things into the phone or intimidates the victim.

Unfortunately, the police do not respond to such requests unless they contain direct death threats or signs of other crimes.

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Harassment or flirting?

Since each of us is individual, including in terms of moral education, it is very difficult to determine a general scale on which one or another example can really be unambiguously called impermissible. Some may find the joke funny, others may find it offensive. Some people are used to hugging an acquaintance when they meet, but for some it is obscene. Some people are happy to receive a love letter from a colleague they like, others find it insulting.

However, the victim always has valid reasons for accusing him of sexual harassment:

• The victim feels the inappropriateness of the rapist’s behavior, feels aggression and frightening persistence in the latter’s actions.
• The victim occupies a subordinate position in relation to the offender.
• Direct or hidden demand for the provision of “sexual services” as a condition of employment or career advancement.
• The victim’s consent or refusal becomes decisive for the latter regarding employment and position in the team.
• The purpose of the offender’s actions is to create difficult conditions in the workplace for the victim in the event of his refusal, to affect labor productivity, general mood, and performance.

○ Legal harassment: what is it?

Unfortunately, the legislation of the Russian Federation does not have a clear concept of harassment and its definition. Only a cumulative analysis of regulations of foreign countries, international law, as well as reference books and encyclopedias will give a fairly complete idea of ​​what harassment is.

Harassment is a deliberately unpleasant or intrusive act committed against the will of a person, causing obvious inconvenience to him or her, or expressed in an offensive, humiliating or otherwise unacceptable form.

There are many other definitions of harassment, but the main features of this act must be:

• Rejection of the person against whom certain actions are taken of such behavior.
• The intrusiveness of illegal actions, the impossibility of stopping them by reasonable and generally accepted methods of communication between people (conversation, request, shouting, demand).
• Offensiveness , the inadmissibility of such behavior for the person against whom they are committed.

There is no separate article punishing harassment in Russian legislation.

However, a number of actions that in other legal systems would be clearly regarded as harassment are still punishable in our state. Moreover, if the court establishes the fact of harassment, the laws of the Russian Federation, like the laws of other countries, allow you to file a claim and even compensate for moral damage caused by illegal actions.

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Defense of the Criminal Code

Article 133 of the Criminal Code of the Russian Federation is intended to protect citizens from inappropriate sexual harassment in the workplace. The act was introduced by Federal Law No. 63 back in 1996. The latest revision was made not so long ago - in February 2021.

So, the important provisions of Article 133 of the Criminal Code of the Russian Federation:

1. Punishment will be imposed for forcing a citizen (woman or man) to have sexual intercourse or other actions of a sexual nature.
2. A crime against a victim must be accompanied by blackmail, the threat of destruction of material property, its confiscation, damage, as well as the use of the victim’s financial (or any other) dependence on the criminal.
3. Punishment comes in the form of a fine of up to 120 thousand rubles (or in the amount of wages or other type of income of the criminal for 1 calendar year).
4. The fine can be replaced by imprisonment for up to 1 year, forced labor for up to 1 year, correctional labor for up to 2 years, compulsory labor for up to 480 hours.

Peculiarities

A characteristic feature of unlawful acts, defined in the Criminal Code of the Russian Federation as “coercion to acts of a sexual nature,” is the absence of any manifestations of violence in the actions of the offender. The helplessness of victims due to drug or alcohol intoxication is also not used - the victim is in an adequate state. Threats or violence are signs of crimes, the punishment for which is provided for in Articles 131 and 132 of the Criminal Code of the Russian Federation. The way to achieve what you want cannot be to exert psychological pressure on the loved ones of the object of desire.

Psychological pressure in one form or another is exerted exclusively on the object of desire, and the following fears are used:

• lose property (movable or immovable);
• lose a source of income (job or employer);
• lose the opportunity to move up the career ladder;
• lose your place of residence;
• lose reputation or social status.

In most cases, coercors try to achieve what they want by publicizing information about the target. Many people exaggerate the number of their fears on their own, which makes them vulnerable to subjects who achieve what they want through psychological manipulation.

Threat classification

There is a classification of threats used by persons whose goal is sexual intercourse with the object of desire:

• the use of blackmail in the form of notification of the possible disclosure of confidential information of a defamatory nature;
• if the victim is dependent on the coercer, there may be a threat of deprivation of material benefits;
• the property of the object of desire may suffer significant damage in the form of alienation, damage or destruction.

Differences from rape

This unlawful act differs from offenses of a similar nature. Sexual coercion is significantly different from rape. Rape also uses threat as a tool to coerce the desired target into sexual interaction. The threat in such cases is distinguished by its subjective nature, implying damage to some extent to someone’s reputation or to the person himself. In case of rape for refusal to have sexual intercourse, the threats are rather immediate. At the same time, if forced to act, the victim may be subjected to psychological pressure at any time or not at all.

Protection of minor workers

The article on sexual harassment of minor victims introduces even more severe punishment for the offender:

1. Forced labor for up to 5 years. As an addition, deprivation of the right to hold certain positions, engage in certain work, or activities for up to 3 years.
2. Imprisonment for up to 5 years. As an addition, deprivation of the right to hold specific positions or engage in a specific type of activity for up to 3 years.

State bodies protecting the rights and interests of children

Family law establishes that a child has the right to protection from abuse by parents and other persons.

Protect the rights of the child from such abuses:

• guardianship and trusteeship authority;
• commission on affairs of minors and protection of their rights
• prosecutor's office;
• internal affairs bodies;
• court.

The guardianship and trusteeship body is a body that protects the rights and interests of a minor child from abuse of a parent and a child left without parental care.

This body protects the property, housing and personal interests of the child.

Any person who becomes aware of the emergence of a real threat of harm to the life and health of a minor child must report this to the guardianship and trusteeship authority.

After receiving information about a violation of a child’s rights, the guardianship and trusteeship authority must take appropriate measures to protect the rights and interests of the minor.

The functions of the body include not only protecting the rights of the child, but also ensuring the rights of orphans, children left without parental care, giving an opinion on the advisability of depriving parental rights, participating in court hearings in cases of protecting the rights of the child and in the execution of court decisions, and also other functions.

Guardianship and trusteeship authorities have the right to visit families where the presence of children poses a threat to their life and health.

Commissions on juvenile affairs are also involved in protecting the rights and interests of the child. Their competence includes preventing neglect and delinquency of minors, identifying and eliminating the causes that contribute to the commission of crimes, and assisting in the rehabilitation of children who find themselves in difficult or dangerous life situations.

The commissions have the following responsibilities:

• filing a claim with the court for deprivation and restriction of parental rights;
• ensuring measures to protect the rights and interests of minor children;
• in certain cases, control over the upbringing, development and maintenance of the child;
• other competencies.

The prosecutor's office, as a body for the protection of the rights and interests of the child, has the right to:

• file a claim in court for the deprivation or limitation of parental rights, as well as a claim for restoration of the property or personal rights of a minor child;
• submit a decree to the court to cancel the adoption;
• attend court hearings in cases of protecting the rights of a minor.

The main areas of activity of the prosecutor's office in the field of protecting children's rights are:

• supervision over the implementation of legislation on the social protection of children, on education, on the protection of their life and health;
• suppression of cases of child abuse;
• other areas of information.

Internal affairs bodies take part in compulsory measures related to the protection of children. For example, they participate in the selection of children from disadvantaged families or search for persons who evade the execution of a court decision.

What should the victim do?

You know there is an article about sexual harassment. But what to do if you had to face the problem personally? Under no circumstances should you endure or try to figure it out on your own or through friends and acquaintances!

The solution here is to apply to one of these authorities:

• Regional branch of the State Labor Inspectorate. Be prepared to present here significant evidence in your favor - video, photo, audio materials, testimony of colleagues. But if the fact is confirmed, then the institution has the right to dismiss even a high-ranking offender.
• Judicial authorities. If you are making a complaint regarding sexual harassment by your boss, then be prepared to present along with your statement also confirmation in the form of clear evidence of guilt. The courts are most often approached if your refusal led to the imposition of a penalty or dismissal.
• Law enforcement system. Unfortunately, the police are reluctant to handle such cases. But it's still worth applying.

Arbitrage practice

Legal cases related to harassment at work are rare, and plaintiffs have not yet succeeded in achieving satisfaction of their claims.

In March 2021, Irina Ishchenko, chief engineer of the IT Center in the Murmansk region, filed a claim for illegal dismissal with the Oktyabrsky District Court. The basis for the claim was the constant harassment of the former boss. The plaintiff demanded compensation for moral damage and payment of wages for the period of forced absence. Formally, the boss fired the subordinate for the reason that she had not completed the probationary period, but in reality the woman’s departure from work was associated with harassment. After leaving work, the woman underwent treatment from psychologists for 7 months, due to which the limitation period passed, and her claims were rejected. The plaintiff appealed to the Supreme Court, and the case was considered again. However, the resolution of the RF Supreme Court indicated only illegal dismissal, without harassment.

In December 2021, the Murmansk Regional Court decided to leave the ruling of the trial court unchanged. The plaintiff's appeal was not satisfied.

There is another example from judicial practice, also unsuccessful.

The woman worked as a leading specialist in the company and began receiving indecent letters and SMS from her boss. She was rejected, after which the man began to criticize her work, humiliate her in front of her colleagues, accuse her of false sick leave, and then fired her from her job. The woman filed a claim in court to pay her 150 thousand rubles for discrimination and harassment due to personal hostility. In response to this, the boss filed a counterclaim for libel. The court ordered a review of the messages. He was unable to receive the text, but it was revealed that the employee took part in the correspondence. During the trial, it was established that the woman made a mistake in her work, which could have led to losses for the company, and took sick leave at that time. And the reduction was carried out officially, together with other colleagues, due to a reduction in the investment program. Colleagues told the court that they did not notice any illegal actions in the behavior of their boss.

The woman's claims were denied due to the fact that her accusations were not confirmed. It was not possible to prove the connection between the boss’s guilt and the damage and the fact of the violation.

Anti-weapon against the offender

As a rule, threats of dismissal or loss of bonus (especially from the boss) in most cases are ordinary intimidation, which is best ignored. If you are officially employed, then he is not authorized to do any of the above:

• A citizen can be dismissed only if he has violated the conditions listed in Art. 81 Labor Code. Any other dismissals are declared illegal in court. The victim is reinstated and compensated for material damage.
• Deprivation of a bonus is difficult. According to Art. 32 of the same Labor Code is obvious discrimination against the employee.
• What about the salary reduction? It is possible only upon transfer to another position and only with the written consent of the employee (Article 72 of the Labor Code).

But if the victim is employed informally, such protection, unfortunately, is closed to him. The only way out is to bring the offender to justice under Art. 133 of the Russian Criminal Code.

What applies to sexual harassment at work, what laws protect the victim, how to defend your violated rights in this case is important for everyone to know. Every citizen has the right to a healthy, friendly and comfortable environment at work.

How to deal with harassment

You can stop harassment and prevent it in the future in the following ways.

1. Record all manifestations of harassment, recording the date, time and place, nature, as well as witnesses of unacceptable behavior. This will allow you to file charges and seek help from authorized persons. Without evidence, making the fact of harassment public is risky, since the victim himself may receive a retaliatory accusation of slander.
2. Openly tell the person whose behavior is unpleasant and causing discomfort about your personal boundaries and your readiness to seek help.
3. Report harassment to superiors, providing evidence and witness statements. For example, you can send a complaint to the labor inspectorate due to a violation of your labor rights. If the aggressor is a manager, then unscheduled inspections, penalties and disciplinary sanctions can prevent further harassment on their part.
4. Send a report to the police if there is an assault on your intimate integrity. Even if law enforcement officials decline to initiate criminal proceedings, this may be enough to stop harassment and other unwanted behavior.

You can also go to court with a civil claim for payment of moral damages. The defendant in such cases, in accordance with Art. 1068 of the Civil Code of the Russian Federation, both the accused and his employer can act. The amount of damage is determined by the court. However, the plaintiff can also indicate his amount of material damage, justifying it.

Statement of claim for compensation for moral damage (sample)

The plaintiff must provide evidence of the accused’s misbehavior: witness testimony, notarized screenshots of correspondence via SMS and social networks, audio and video recordings of conversations.

If the victim was forced to see a doctor due to a health disorder or psychological stress, he must retain all medical certificates and certificates. In the future, these documents will also prove the fact of harassment and the guilt of the aggressor.

Appealing to your boss, the court or other authorized organizations does not always bring results. Subordinates are encouraged to unite in trade unions and put forward demands to employers to introduce rules of conduct at work into local regulations.