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The law on sexual harassment, passed by Parliament, was promulgated on Monday August 6, 2012 and published on Tuesday August 7, 2012 in the Official Journal. It includes in the Penal Code a new definition of sexual harassment in order to take into account all situations as widely as possible.
This law defines sexual harassment as follows:
Sexual harassment is characterized by the fact of repeatedly imposing on a person remarks or behavior with a sexual connotation which
: humiliating,
or create an intimidating, hostile or offensive situation for them.
Is assimilated to sexual harassment the fact of using (even in a non-repeated way) any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature, whether this is sought for the benefit of the author. facts or for the benefit of another.
In both cases, sexual harassment is punished regardless of the relationship between the perpetrator and his victim.
In the professional environment, there is sexual harassment even if there is no hierarchical relationship between the perpetrator and the victim (between two colleagues at the same level, from two different departments, etc.) In the face of behavior likely to be
qualified of sexual harassment, it is important to verify whether they do not constitute pure sexual assault.
Internet users can also consult the news on the impact of this law by clicking on this link.
A small clarification is provided by the Social Chamber of the Court of Cassation (1) which recalls that the obligation to prevent occupational risks cannot be confused with the prohibition of acts of sexual harassment. An employer with whom sexual harassment behavior is not associated can still be criticized for his obligation of safety towards his employee.
In this same judgment, the Chamber clarifies the evidence that must be taken into consideration, in particular “by taking into account any medical documents produced, and to assess whether the materially established facts, taken as a whole, allow to presume the existence of harassment . »
- 1/ Judgment no. 713 of July 08, 2020 (18-24.320) – Court of Cassation – Social Chamber: https://www.courdecassation.fr/jurisprudence_2/arrets_publies_2986/chambre_sociale_3168/2020_9595/juillet_9790/713_08_45142.html
Maître Grégory DAMY, lawyer Criminal law, Nice-Update 2022
