Controverse și dezlegări privind infracțiunea de hărțuire sexuală
Controversies and resolutions regarding the crime of sexual harassment

Summary/Abstract: The crime of sexual harassment has emerged in the Romanian national law as a result of the need to provide greater protection to social relations regarding the sexual freedom and sexual integrity of the person in a professional context.The legislator has chosen to create a crime of habit, in the sense that it involves repeatedly claiming sexual favors, and a crime of result, meaning that in order for it to exist it requires a result, intimidating the victim or putting the victim in a humiliating situation. This scientific article aims to analyze the consequences of these options, as well as a number of other issues, including: the relationship with the attenuated version of the crime of sexual abuse, the scope of the offenders, the scope of activities that may fall within the scope of the claims of sexual favors and others. Furthermore, based on the performed scientific analysis, the paper aims to formulate proposals for a ferenda law so as to increase the degree of protection of social relations described by the incrimination norm.

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