Summary
Sexual harassment is not a standalone offence under that name; it is prosecuted through Articles 337, 343 and 353 GCC. This page explains these distinctions, the case of the “frotteur” (groping in crowds), and the related concepts of sexual harassment. This information is general and is no substitute for individual legal advice.
Contents
- When is there sexual harassment?
- How is the “frotteur” punished?
- What is an affront to sexual dignity?
- What does an affront to sexual decency mean?
- What does an “act of a sexual nature” mean?
Frequently asked questions — sexual harassment
When is there sexual harassment?
There is no specific offence under that name. The act is prosecuted and punished either as an “affront to sexual dignity” (Art. 337 GCC), where it amounts to a simple sexual gesture or proposition; or as “abuse to procure a sexual act” (Art. 343 GCC), where the victim is in a relationship of workplace dependency on the perpetrator or is seeking employment; or as an affront to sexual decency (Art. 353 GCC), where it is an “act of a sexual nature” without physical contact.
How is the “frotteur” punished?
This is the person who takes advantage of crowding (for example, on a bus or the metro) to touch or press against another passenger. As a rule, the act is treated as an affront to sexual dignity (Art. 337 GCC) or, if it is found to offend the victim’s honour, as insult by conduct (Art. 361 GCC).
What is an affront to sexual dignity?
It is the “forerunner” of sexual harassment, established in Greece as far back as 1984. Compared with rape, it covers milder interventions of a sexual nature that offend sexual dignity: sexual gestures, propositions for sexual acts, sexual acts performed in front of another person, and exposure of the genitals (Art. 337 GCC).
What does an affront to sexual decency mean?
It is what remains of the old “offence against modesty by a lewd act” — a very minor offence that protects a person’s right not to be exposed, against their will, to the sexuality of others. Under the law the decency must be offended “grossly”, that is, in a vulgar and serious manner, by an “act of a sexual nature” (Art. 353 GCC).
What does an “act of a sexual nature” mean?
These are forms of conduct or gestures that allude to or incite sexual acts, without physical contact between perpetrator and victim — often imitations of the movements of intercourse, display of the genitals, or hand movements that evoke sexual acts.