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Sexual harassment > Sanctions
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Diverse sanctions and
... dissuasion?

Legislation has diversified and reinforced the sanctions applicable to perpetrators of sexual harassment. It is possible to hope that the simple threat of using one of these sanctions will prove dissuasive ...
Still, you must be aware of them ...
Disciplinary Sanction: the employee who commits an abuse of authority in sexual matters is liable for disciplinary sanction by the employer. It might go as far as termination: indeed, the employer can, for example, consider that the deterioration of the relations between the employees and the consequences of the harassment on an employee hinder the company's operations.

Penal Sanction: any person who commits an abuse of authority can be pursued before the penal jurisdiction at the initiative of the court. As in all other matters, the complaint can be filed directly with the state prosecutor (Procureur de la République) (by mail), with the local police or sheriff's department of your residence, or - which is less known - the senior judge of your district court (by mail).
The maximum penalty risked is one year of imprisonment, as well as a maximum fine of 15,000 euros.

Civil Damages: the perpetrator of the harassment may be condemned by the judge to pay civil damages. The amount varies depending on the gravity of the harassment. The paying of damages supposes that the victim filed a civil complaint at some point of the procedure.

Sexual relations obtained
by the abuse of authority can be
penally qualified as rape
(a crime judged in criminal court).

See website section dedicated to this subject

 

Protection of candidates for a job and employees who are victims or witnesses

 Candidates for a job and employees are protected during the hiring process as well as during the execution of their work contract and at its end.
 The protection covers the employee who submitted to who refused to submit to sexual harassment, as well as to those who witness these acts or testify.

 The guaranties offered are the following:
# voiding of all sanctions or any termination pronounced against the employee
victim or witness to the abuse of authority ;
# forbidding all discriminatory decision, during the hiring process as well as during the execution of their work contract or during the termination process.

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