Sexual Harassment

The crime of sexual harassment refers to the conduct of soliciting sexual favours, for oneself or for another, in the context of a continuous or habitual employment, teaching, service provision or similar relationship, and by such conduct causing the victim to be placed in a situation that is objectively and seriously intimidating, hostile or humiliating. This specific conduct is punishable by imprisonment for a term of six to twelve months or a fine of ten to fifteen months and special disqualification from practising the profession, and its regulation is found in article 183 of the Penal Code, within the title of crimes against sexual freedom.

Sexual harassment committed by taking advantage of a situation of superiority in the workplace, teaching or hierarchical position, or over a person subject to their care or custody, or with the express or tacit intention of causing the victim harm related to the legitimate expectations that the victim may have in the context of the aforementioned relationship, shall also be punished and with greater severity. The penalty shall be imprisonment for a term of one to two years and special disqualification from the exercise of the profession, trade or activity for a period of eighteen to twenty-four months.

This particular crime can be committed by a legal entity, as provided for in article 31bis of the Penal Code, and shall be punished by a fine of between six months and two years.