Does the Criminal Code of the Russian Federation contain an article for harassment? This question is asked by those who are faced with a similar violation of their personal freedom at work, in a university or other place. Not everyone clearly understands how to act in such cases, how to behave, whom to contact.
Definition of Sexual Harassment
In order to determine the article for harassment, it is necessary to define this violation of your sexual integrity. So, the term "sexual harassment" is usually attributed to any sexual contact, which is undesirable for one of the parties and is accompanied by threats of physical or psychological violence. Especially when the status of one of the parties to the conflict is higher than that of the second. For example, a supervisor may threaten a subordinate with a lower salary, and a teacher or student with a bad mark or an unsuccessful exam. So, an important factor is not only the fact of threats, but also the fact that, due to his official duties and capabilities, this person is able to fulfill these threats.
Also, sexual harassment can be attributed to unwanted contact with a colleague at work, which management has become aware of, but no adequate reaction has been received. And finally, it can be the creation of a sexual atmosphere that can be perceived as painful and offensive. It can be obscene drawings, comments and jokes. This can also be attributed to sexual harassment. Now that we have figured out the definition, we need to find out what article for harassment is provided for in Russia.
Harassment and violence
Sexual harassment is very close to violence, but not everyone knows about it. Therefore, victims often do not seek help from law enforcement agencies or psychologists, independently experiencing this tragedy for many years. Many do not even know what kind of harassment the article in the Criminal Code of the Russian Federation exists.
Hushing up a problem in the long run can lead to serious psychological consequences. Some victims may consider themselves guilty of what happened, may be afraid or ashamed of this. Some may believe that they simply will not be believed, do not understand, or begin to mock. Often, women prefer to remain silent about the fact of harassment, fearing excessive publicity. Since in such cases, society condemns the victim, not the criminal. Another factor of non-reporting is the fear of losing a job, being blacklisted among employers who are able to provide a place in this particular specialty.
How to report harassment?
An article for harassment is provided for in Russian law; therefore, reporting these facts is simply necessary. In order to collect a full-fledged evidence base, lawyers advise to record all information about what is happening, carefully and meticulously write down what happened and when, who was present and what he could hear, who did what and said. This will help you win a case of sexual harassment in the future. It is necessary to fix everything as detailed as possible, and as soon as possible make a copy so that the evidence base is as complete as possible and stored in a safe place. Any incident related to harassment must be immediately reported to management, to record the fact of their appeal.After all, if effective measures are not taken by the authorities, then they themselves can be held accountable under this article.
It will be useful to duplicate each message to the trade union organization. Only an official statement about the fact of the crime gives the victim the hope of obtaining justice and real punishment for the criminal for harassment in the Russian Federation. An article on this subject is available in the Criminal Code. If necessary, you can resort to contacting independent lawyers, as well as public organizations that provide assistance and support to women who find themselves in a similar situation. True, in modern Russia such organizations exist only in large cities. As a result, a potential offender can become aware of his guilt and retreat in the early stages, until the harassment escalates into sexual abuse.
If an irreparable happened
If harassment did not stop there, but turned into sexual violence, then the actions should be different, more decisive. The first step is to file an official statement with the police and insist on an early medical examination. Police officers must accept your application as soon as possible, as this crime is classified as especially serious. If the process is delayed, then contact their leadership, the prosecutor's office, the department of their own security. Record the refusal to accept the application, as well as the names of law enforcement officers and their titles.
If possible, consult a lawyer. He will immediately orient you in your rights and obligations, will be able to help, so that all bureaucratic procedures pass as quickly as possible. If the police did not respond to your appeal properly, you must contact the prosecutor. The next instance is the court.
Evidence collection
It is important to conduct a medical examination in the first hours after sexual abuse. If the law enforcement authorities do not give you the appropriate direction, contact your doctor at the clinic. In addition to fixing what happened, it is necessary to check for sexually transmitted diseases as soon as possible. To ensure that the results of the examination are as complete as possible, it is best not to wash or change clothes after what happened. So doctors and police will have more evidence. Also, experts advise not to eat or drink until the moment of treatment, so you can also lose important evidence.
If you need this, you can request that a police officer or female investigator work with you. If you receive an offer from a criminal who committed sexual violence to collect a statement from the police for a fee or threat, you should immediately inform the police and the prosecutor. If possible, you need to record proposals or incoming threats on the recorder or find a witness who will hear everything and give evidence in court. In order to prevent additional publicity of the process, you can ask for confidentiality during the investigation and in the trial.
Consequences of Sexual Harassment
Be sure that the article for harassment is provided for in Russian law, so the offender must be punished accordingly. The main thing for the victim is to overcome the consequences as soon as possible. It can be fear, anger, a feeling of personal helplessness, loneliness, shock, numbness. It is best to turn to a professional psychologist who will help you understand yourself, put everything in life in place.
Often the victim of harassment has doubts about the need to institute criminal proceedings or the desire to close it in a short time. It is necessary to drive such thoughts away. According to the Russian Criminal Code, the article for harassment provides for the offender a real term. He must be punished accordingly.An experienced psychologist will help you cope in such a situation.
Punishment for Harassment
Article 367 of the Criminal Code of the Russian Federation “Harassment” provides for a specific punishment for the perpetrator. Moreover, it may not even be about sexual harassment, but about the manifestation of an unhealthy interest in a person, because of which he will experience discomfort. In this case, the perpetrator may be sentenced to a fine of 200 thousand rubles, to compulsory labor for up to 80 hours, corrective labor for up to one year, arrest for up to four months or imprisonment for up to two years. The court may also decide to prohibit it from engaging in certain activities or holding any positions for up to three years.
Harassment of minors
The actual term, and significant, threatens the attacker with an article for harassment. It is generally forbidden to minors to show interest in a sexual nature. As a rule, courts in the event of violation of the sexual integrity of a minor or harassment judge the offender under the article for seducing minors.
In this case, harassment includes actions aimed at violating the sexual integrity of the child, using active physical or psychological pressure. This can be blackmail (for example, the probability of disclosing a compromising teenager's information), the threat of damage to his personal belongings and property, the use of the victim's dependent position (for example, by a teacher). It is worth noting that today, not only girls are at risk, but also boys who have not reached adulthood.
Responsibility for Harassment of Minors
For this crime, imprisonment for up to five years is provided. At the same time, teenagers from 14 to 18 years old fall into the category of minors. If the child is younger, the punishment will be even more severe.