Sexual harassment in the workplace is not necessarily a crime in China.
Generally speaking, sexual harassment is a tort in China.
According to China’s Civil Code, a person who has been sexually harassed against his will by another person through oral words, written language, images, physical acts, or the like, has the right to request the actor to bear civil liability in accordance with law.
Managers of the workplace should take measures to prevent sexual harassment.
For example, according to China’s Civil Code, the State organs, enterprises, schools, and other organizations shall take reasonable precautions, accept and hear complaints, investigate and handle cases, and take other measures to prevent and stop sexual harassment conducted by a person through taking advantage of his position and power or a superior-subordinate relationship, and the like.
It should be noted, however, that if sexual harassment involves violence, it is a crime.
According to China’s Criminal Law, whoever indecently assaults others or insults a woman by violence, coercion or any other forcible means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever gathers a number of people to commit the crime mentioned in the preceding Paragraph in public or having other serious circumstances shall be sentenced to fixed-term imprisonment of more than five years.
Whoever indecently assaults a child shall be given a heavier punishment within the range of penalties in the preceding two Paragraphs.
Cover Photo by Hiki Liu on Unsplash
Contributors: CJO Staff Contributors Team
