SEXUAL HARASSMENT
The crime of sexual harassment is regulated in art. 184 of the Penal Code, which punishes the subject who requests favors of a sexual nature, for himself or for a third party, within an employment, teaching, service provision or similar, continuous or habitual relationship, thus causing the victim a seriously intimidating, hostile or humiliating situation. The penalty to be imposed is imprisonment of 6 to 12 months or a fine of 10 to 15 months and special disqualification from the exercise of the profession, trade or activity for 12 to 15 months.
Aggravated modalities
Apart from the basic criminal modality described in the preceding paragraph, the Criminal Code provides for a series of aggravated modalities, which entail the imposition of a prison sentence of 1 to 2 years and special disqualification from the exercise of the profession, trade or activity for 18 to 24 months:
- In the first place, when the perpetrator commits the criminal act taking advantage of a situation of work, teaching or hierarchical superiority, or over a person subject to his guardianship or custody, or with the intention of causing the victim a harm related to the legitimate expectations that the victim may have within such relationship.
- Secondly, if the crime is committed in centers for the protection or reform of minors, internment centers for foreigners, or any other detention, custody or shelter center.
On the other hand, if the victim is in a situation of special vulnerability due to age, illness or disability, the penalty shall be imposed in its upper half.
Criminal liability of legal persons
Finally, since the recent reform of the Penal Code, which came into force on October 7, 2022, legal entities may be criminally liable for the crime of sexual harassment, in which case they will be sentenced to a fine of 6 months to 2 years, and the judge may also impose the penalties of dissolution, suspension of activities, closure of premises, prohibition of future activities, disqualification from obtaining public subsidies and aid and judicial intervention (art. 184.5 of the Penal Code).