The Third People's Court of Dongguan City's investigation and analysis of relevant cases found that
Nearly half of those who encounter workplace sexual harassment choose to tolerate it
□ Our reporter Zhang Ningdan
□ Our correspondent Zhong Ziwei
When the company's executives were dispatched to the supplier to work, they showed their "salty hands" to the female employees; the factory owner committed molestation while working alone with female employees during night shifts; the boss took the female subordinates on business trips to socialize, and had sex with her while she was drunk... …
The workplace is a place for workers to live and live, but many women have been sexually harassed or even sexually assaulted in the workplace.
Recently, the Third People's Court of Dongguan City, Guangdong Province conducted an investigation and analysis of such cases, and found that the use of power to commit sexual assault is more prominent, and nearly half of the victims chose to forbear.
The court called for: Fighting sexual harassment not only requires women to stand up and complain bravely, but also needs to form a social force. In particular, employers should "go ahead" and actively take action to prevent sexual harassment in the workplace, so as to strengthen the protection and respect for women, and create an equal, civilized, and Safe workplace environment.
Sexual harassment by taking advantage of the power gap
In recent years, the term "workplace sexual harassment" has frequently appeared in the public eye.
Many of the victimized women have suffered enormous psychological pressure and mental pain as a result, and some have been sexually assaulted, and have been shrouded in physical and mental trauma for their entire lives.
According to statistics, from 2019 to 2021, there will be 30 workplace sexual assault cases accepted by the Dongguan Third Court.
Feng is an executive of a well-known international brand company.
In May 2020, when he was assigned to work in a company in Dongguan, a supplier, he touched each other's back, waist and thighs many times while talking and working with a female employee of the company in the conference room.
After the incident, the female employee called the police.
After the company he worked for learned of the situation, he was fired on the grounds that Feng's behavior violated public order and good morals, constituted insults and harassment, and caused damage to the company's reputation.
Feng then filed a labor dispute lawsuit with the court.
After the case was tried by the Dongguan Third Court and the Dongguan Intermediate People's Court, the court held that the female employee involved had obviously pushed back against Feng's touching behavior. It can be seen from the chat recordings of company personnel that her behavior towards Feng is unacceptable.
Feng's behavior has exceeded the normal work content and social behavior norms, infringed the legitimate rights and interests of others, violated professional ethics, labor discipline and company rules and regulations, especially in the supplier's place, seriously damaged the reputation of the employer, Therefore, the employer's termination of the labor contract was legal, and no compensation was required. The final judgment rejected Feng's appeal.
During the trial, the Dongguan Third Court found that many defendants took advantage of power gaps or affiliation to commit sexual harassment.
Among such cases that the court has heard in the past three years, 6 cases occurred between employers and employees, and between superiors and subordinates. The victim was in a vulnerable position, and although he was afraid and disgusted by the behavior of crossing the line, he did not dare to resist.
At the same time, because victims are often in an isolated and helpless environment when they are violated, harassers usually choose to commit crimes in a secret space or when they are alone with the victim, or commit sexual assault when the victim is drunk and loses judgment. There is usually a lack of eyewitnesses, on-site evidence, etc., so it is generally difficult to obtain evidence.
Nearly half of the victims did not report to the police immediately
During the trial of the case, the court found that some employers and bosses took advantage of their identities and status to "conspiracy" against their female subordinates in the name of work, and women in such cases were often more seriously violated.
When Xiaojun (pseudonym), a female employee of an electronics factory in Dongguan, was working late one morning, the boss, Huang, took advantage of the absence of people around her and first put her shoulders and arms around her in the workshop, and then carried out indecent acts such as touching her breasts.
After Xiaojun called the police, Huang was prosecuted for the crime of forced indecency.
Although Huang later apologized to Xiaojun, compensated him, and expressed remorse for his actions, he still could not escape the punishment.
The Dongguan No. 3 Court analyzed and pointed out that in reality, there are not many people like Xiao Jun who categorically call the police to protect their rights and interests, and many victims choose to forbear.
Nearly half of the victims did not call the police immediately after the incident, but hesitated because of their fear of the harasser's authority, fear of losing their job, affecting their career development, or because of their inner shame, and not wanting to let their family members and colleagues know about the big things. Thirdly, report the case only after being persuaded by relatives and friends or reporting to the employer.
Xiao Jiang (pseudonym) works as an assistant to the chairman of a technical school in Foshan. Due to work needs, she travels and entertains with the leaders from time to time.
On March 30, 2021, Xiao Jiang and school manager Zhou went to Dongguan to work on errands, and drank a lot of foreign wine during their entertainment that night.
After Xiaojiang was drunk, Zhou took him to the hotel to open a room to rest and had sex with him.
After Xiaojiang woke up in the middle of the night, he realized that he had been sexually assaulted. After hesitating for a day, he chose to call the police. After Zhou was detained, he defended that he wanted to develop Xiaojiang into a lover before the incident. Violation of Xiaojiang, the two sides are willing to have sexual relations.
After hearing the case, the Dongguan No. 3 Court, based on surveillance video, witness testimony and other evidence, found that Zhou, while not having an intimate relationship with Xiaojiang, had sex with Xiaojiang while he was drunk, which constituted rape, and was sentenced to four years in prison at the first trial. six months of the year.
The court also noted that in cases of sexual assault in the workplace, many victims are easily said to have voluntarily or voluntarily had sexual relations.
Because the crimes of forced indecency and rape are subjectively determined by whether they have the intention and purpose of forcibly having sexual intercourse against the will of the woman, the defendant will often use the grounds that the victim did not expressly refuse or vigorously resist, and that it is voluntary to have sexual relations with her, or It is to use moral conduct to stigmatize the other party to justify oneself and try to exonerate the crime.
Undertaking the legal obligation to prevent sexual harassment
How can women protect themselves in the workplace?
Where can I seek legal remedies for sexual harassment in the workplace?
How to combat and prevent workplace sexual harassment and maintain social harmony and stability?
Based on the actual situation of the case, the Dongguan Third Court put forward corresponding countermeasures and suggestions.
First, the victim should refuse to be silent and say "no" firmly.
Women in the workplace should enhance their sensitivity and discernment, be vigilant against other people's words with sexual connotations, touch sensitive parts and other actions, and strengthen prevention.
There is "zero tolerance" for sexual harassment. Once it occurs, you should file a complaint with the employer, trade union, women's federation, etc. for support and help.
If you are subjected to serious sexual harassment, you can report it to the public security organ.
The Civil Code makes it clear that those who sexually harass others by means of words, text, images, physical behavior, etc. against the will of others shall bear civil liability.
Therefore, the victim can also sue the court for civil liability for sexual harassment.
At the same time, the victim must have a sense of evidence, pay attention to keeping relevant mobile phone text messages, chat records, etc. as valid evidence, and provide evidence by collecting surveillance video, witness testimony, etc.
Second, employers should undertake the legal obligation to prevent sexual harassment.
The Civil Code stipulates that organs, enterprises, schools and other units shall take reasonable measures such as prevention, acceptance of complaints, investigation and disposal, etc., to prevent and stop the use of power and affiliation to carry out sexual harassment.
Employers should act proactively, establish and improve internal control mechanisms, resolutely handle related complaints, promptly report to the police for suspected violations and crimes, change the workplace ecology that is indifferent to sexual harassment, and form a gender-friendly corporate culture and system.
"The relevant supporting legislation and enforcement mechanisms need to be further improved." The relevant person in charge of the Dongguan Third Court pointed out that the current law does not clearly define what is sexual harassment in the workplace, and the current legal provisions are only principled for the responsibilities that employers should bear. , advocacy, lack of practicality, it is necessary to further improve the implementation rules, clarify the legal responsibilities for non-fulfillment of statutory obligations, enhance deterrence, and improve social supervision and rescue mechanisms, through the active actions of employers, labor relations protection, and public power. Intervention and other means to prevent workplace sexual harassment.
The person in charge said that the whole society should jointly advocate gender equality and respect for women's civilized fashion.
The public should stop prejudice and stigmatization of victims when they "watch" such cases and events, and avoid causing secondary harm to the victims.
Consciously abandon social bad habits such as wine table culture and joke culture, resist the vulgar workplace culture that regards female employees as "productive forces", and be wary of sexual harassment and sexual assault against women under such guise.