The Senate considered the new draft law on sexual harassment

Victims denouncing the repeal of the law on sexual harassment showing 5 May in Paris.

After the surprise of the law on sexual harassment May 4 repealed by the Constitutional Council, senators must consider, Wednesday, July 11, a new text which restores the offense, to fill the legal vacuum.

The government introduced emergency text prepared by the Minister of Justice, Christiane Taubira, and the rights of women, Najat Belkacem-Vallaud, the idea being that the new law is finally adopted at the end of July. The text provides a clear definition of sexual harassment and increasing penalties.

The Senate should adopt the consensus, but after enriched. The Upper House has a lot invested in this issue, with no fewer than seven bills from all the political groups whose contributions have been incorporated into the text of the government. She also set up a working group that has extensively interviewed the parties. Many associations have welcomed the text but the government felt unfinished.

THREE LEVELS OF GRAVITY

Bill has identified three levels of severity of the crime - the "simple" harassment "aggravated" and "aggravated" - accompanied by differentiated sanctions.

The Senate Judiciary Committee amended the original text by specifying and clarifying further the crime and has only two penalties: two years imprisonment and a € 30,000 fine for "mere" harassment "aggravated" , barely extended to three years and 45 000 in aggravating circumstances (relationship of authority, minor victim of fifteen or vulnerable.). The bill also restores consistency between the Criminal Code and the Labour Code.

The offense of sexual harassment was introduced into the Criminal Code in 1992, specified by the laws of 17 July 1998 and 17 January 2002. The Constitutional Council has decided on May 4 by punishing "the harassment of another person in order to obtain favors of a sexual nature" without defining precisely the elements of the offense, "the contested provision violates the principle of legality crime and punishment as well as the principles of clarity and precision of the law, legal predictability and legal certainty. " He also considered that the offense is punishable "without the elements of the offense are sufficiently defined." The law of 17 January 2002 was challenged both by an association of victims and a convicted harassment because it was considered too imprecise, so might drift.



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