AMU committed to combating harassment, gender-based, sexual and homophobic violence

1. Scheme set up by Aix Marseille University

In 2016 Aix-Marseille University has created a mechanism to fight against sexual harassment, extended in 2019 to sexist, sexual and homophobic violence: whether you are a victim or a witness, seize it! AMU system to fight against harassment, sexist, sexual and homophobic violence

2. Legal Definitions

Sexual Harassment

Penal Code, art.222-33

Sexual harassment is the repeated use of words or conduct with a sexual connotation that either violates the dignity of a person because of their degrading or humiliating nature or creates an intimidating, hostile or offensive situation for the person. Sexual harassment is the use, even if not repeated, of any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature, whether such act is intended for the benefit of the perpetrator or for the benefit of a third party.

The offences are punishable by two years' imprisonment and a fine of €30,000. These penalties are increased to three years' imprisonment and a €45,000 fine when the acts are committed :

• by a person who abuses the authority vested in him by his office

• on a minor of fifteen years of age

• on a person whose particular vulnerability, due to his or her age, illness, infirmity, physical or mental deficiency or state of pregnancy, is apparent or known to the perpetrator

• on a person whose particular vulnerability or dependence resulting from economic or social precariousness is apparent or known to the perpetrator.

• by several persons acting as author or accomplice.

Penal Code, art.225-1-1 Constitutes discrimination any distinction made between persons because they have been subjected to or refused to be subjected to sexual harassment as defined in article 222-33 or have testified to such acts, including, in the case mentioned in 1 of the same article, if the words or behaviour have not been repeated".

 

Sexual assault

Penal Code, articles 222-22 and 222-22-2

Sexual assault is any non-penetrative sexual assault committed on a victim with violence, coercion or threats. For example, touching.

• If there was penetration, it is a question of rape.

• For sexual assault to occur, physical contact between the perpetrator and the victim is necessary.

• It can also be a sexual assault committed by surprise if the perpetrator acts when the victim is not expecting it. For example, in a crowd on public transport.

In all cases, the perpetrator has not obtained the clear and explicit consent of the victim :

• Either the victim clearly and explicitly refused and/or defended herself but the aggressor physically coerced her.This is the case if violence is used.

• Either the victim did not express a clear and explicit refusal and/or did not defend herself because she was under moral duress.This is the case if the assault is based on psychological pressure, when the victim does not dare to say anything in front of the perpetrator (e.g. an employee and her boss).

• Either the victim was not in a position to give a clear answer (e.g., victim was under the influence of drugs or alcohol, or victim is vulnerable because of his or her state of health).

Attempted sexual assault is punishable by the same penalties. Attempted assault occurs if the perpetrator tried to assault the victim but failed to do so because of something beyond his or her control (the victim defended himself or herself...).

The perpetrator of a sexual assault is liable to 5 years' imprisonment and a fine of €75,000 (Criminal Code, arts. 222-27 to 222-31).

In the event of aggravating circumstances, the penalty may be increased to 7 years imprisonment and a fine of €100,000; for example if

• the act resulted in an injury or injury or a total inability to work for more than 8 days ;

• the act was committed by a AscendantThe perpetrator is liable to imprisonment for a term of up to 15 years, but many aggravating circumstances are provided for;

• the act was committed by a person who abuses the authority conferred on him by his functions ;

• the act was committed by several persons acting as perpetrator or accomplice ;

• the act was committed with the use or threat of a weapon;

• the victim was put in contact with the perpetrator via the internet;

• the act was committed by the spouse, partner or partner of Pacs ;

• the act was committed under the influence of alcohol or narcotics;

• the act has been committed, in the exercise of that activity, on a person who engages in prostitution, including on an occasional basis;

• the act was committed in the presence of minor children ;

• the act was committed after administering a substance to the victim, without her knowledge, in order to impair her discernment ;

• the act was committed on a particularly vulnerable person, whose situation is apparent or known to the perpetrator. The grounds for vulnerability include age, illness, infirmity, physical or mental impairment, pregnancy and social or economic precariousness.

In all cases, the convicted person will be entered in the Sex Offender Index.

Evidence: Apart from DNA traces and possible injuries, any evidence collected by the victim himself can be examined by the justice system:
Testimonies, sms captures, emails, recordings of conversations even without the perpetrator's knowledge, torn clothes...

Rape

Penal Code, arts. 222-22, 222-22-2 and 222-23

Rape differs from other sexual assaults in that it involves an act of sexual penetration of any kind, also committed with violence, coercion, threats or surprise (in the latter case, the victim is deceived by the deception of the aggressor). Any act of sexual penetration is targeted: vaginal, anal or oral, including by the sex of the perpetrator. It can also include finger or object penetration.

• If there was no penetration, it is a misdemeanor... of sexual assault.

• It is not necessary for there to be physical violence to qualify an act of rape.

• Rape is a... crimeeven if it is committed by the victim's spouse, cohabitee or PACS partner.

• Attempted rape is punishable by the same penalties as rape. Attempted rape occurs if the perpetrator tried to rape the victim but failed to do so because of something beyond his or her control (e.g. the victim defended himself or herself or third parties intervened).

Criminal Code, arts. 222-23 to 222-26: The perpetrator of rape risks in principle 15 years' imprisonment, but numerous aggravating circumstances are provided for.

The maximum penalty is 20 years in the following cases:

• the act was committed by a AscendantThe fine may be imposed by the police, by a person having authority over the victim (employer, etc.) or by a person abusing the authority entrusted to him/her by his/her functions (police officer, etc.),

• the act was committed by the victim's spouse, common-law partner, or PACS partner,

• the victim was particularly vulnerable (infirm, sick, pregnant),

• the act resulted in mutilation or permanent disability,

• the act was committed because of the victim's sexual orientation or gender identity (real or supposed),

• the act was committed while the perpetrator was under the influence of alcohol or drugs,

• the act was committed with the use or threat of a weapon,

• the act was committed by several persons acting as perpetrators or accomplices,

• the victim was put in contact with the perpetrator via the Internet.

Rape is punishable by 30 years' imprisonment if the act resulted in the death of the victim.

Rape is punishable by life imprisonment if the act was preceded, accompanied or followed by torture or barbaric acts.

The Assize Court may also sentence the perpetrator to one of several penalties additional measures provided for by law, for example :

• an order for care as part of a socio-judicial follow-up,

• a ban on residence in certain places (e.g. the victim's home) for up to 10 years

• Prohibition from holding public office.

In all cases, the convicted person will be entered in the Sex Offender Index.

Gender-based violence

LSexism is an ideology based on the idea that women are inferior to men. Its manifestations are very diverse: from seemingly harmless forms (stereotypes, jokes, remarks) to the most serious (discrimination, violence, murder). Certain sexist acts are punishable by law:

• Sexual AbuseAny abusive language, terms of contempt or invective that does not contain an imputation of any fact (Law of 29 July 1881 on the freedom of the press). Penalties :

1. - Non-public insult on the grounds of sex (without a third person being present - an SMS for example - or in front of a restricted circle of related persons): fourth class fine (maximum 750 euros). Limitation period: 3 months.

2. - Insult on the grounds of public sex (can be heard or read by an indeterminate and unpredictable number of people): imprisonment for 6 months and a fine of 22,500 euros. Limitation period: 1 year.

• Defamation on the basis of sexAny allegation or imputation of an act that is prejudicial to the honour or consideration of the person or body to which the act is imputed (Law of 29 July 1881 on freedom of the press). Penalties foreseen

1. - Defamation on the grounds of non-public sex (without a third person being present - in a text message for example - or in front of a restricted circle of related persons): fourth class fine (maximum 750 euros). Limitation period: 3 months.

2. - Defamation on the basis of public sex (can be heard or read by an indeterminate and unpredictable number of people): imprisonment for 1 year and a fine of 45,000 euros or either of these two penalties. Limitation period: 1 year.

• Provocation to discrimination, hatred, or violence on the grounds of sex: Any provocation to commit the said action (Act of 29 July 1881 on freedom of the press). Penalties provided for

1. - Provocation to discrimination, hatred, or violence on the grounds of non-public sex (without a third party being present - a text message for example - or in front of a restricted circle of people who have a link between them): fifth class fine (1500 euros maximum). Limitation period: 3 months.

2. - Provocation to discrimination, hatred, or public gender-based violence (can be heard or read by an indeterminate and unpredictable number of people) : 1 year imprisonment and 45,000 euros fine or one of these two penalties only. Limitation period: 1 year.

• Gender bias in the workplaceAny act related to the sex of a person, which has the purpose or effect of violating his or her dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment (Art. L. 1142-2-1 of the Labour Code).

•  

• Discrimination based on sexInequality of treatment based on sex in a number of specific areas (access to a service, recruitment, etc.) (Article 225-1 of the Criminal Code, Articles L. 1132-1 and L. 1142-1 of the Labour Code). Thus, it is prohibited :

- to mention in a job offer, whatever the nature of the contract of employment envisaged, the sex of the candidate sought, unless membership of either sex is the determining condition for the exercise of a job or professional activity;

- to take a woman's pregnancy into consideration when refusing to hire her;

- to treat a woman or a man less favourably than another is, has been or will be treated in a comparable situation.

Penalty provided3 to 10 years imprisonment and a fine of 45,000 to 75,000 euros.

 

Cyber violence (Penal Code, art.222-33-2-2)

Cyberviolence can take various forms: insult, defamation, harassment, blackmail, threats, wilful invasion of privacy, violation of image rights, etc. It is defined as the act of harassing a person by repeated comments or behaviour with the purpose or effect of degrading his or her living conditions, resulting in a deterioration of his or her physical or mental health.

The offence is also constituted in the absence of repetition of the acts when several persons are at the origin of the acts, in a concerted manner or in the absence of concerted action if the different actors are aware of the repetitive nature of the acts.

The perpetrator is liable to a maximum of 2 years imprisonment and a fine of €30,000.

 

Homophobia

(Penal Code, arts. 132-77)

Homophobia is the rejection of homosexuality, the systematic hostility towards homosexual people. This rejection can take different forms, from insults to physical or psychological violence. Homophobia is an aggravating circumstance of a crime or misdemeanour when the offence has been committed for a homophobic motive (e.g. murder, torture, wilful violence, rape, sexual assault, threats, theft and extortion).

Homophobia can also take the form of harassment. L.1 152-1 of the Labour Code, article 6 of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants).

The law also punishes

• the publication of statements that are insulting, defamatory or characterize a provocation to discrimination or violence against homosexual persons (articles 24, 32 and 33 of the law of 29 July 1881). Public provocation and defamation are punishable by one year's imprisonment and a fine of 45,000 euros, and public insult by 6 months' imprisonment and a fine of 22,500 euros.

3. Guides and resources for victims and/or witnesses

Aix-Marseille University's mechanism for combating harassment, sexist, sexual and homophobic violence

Guides :

• Sexual harassment in Higher Education and Research. (CLASCHES 2nd edition 2018) - 69 pages.

• Sexual harassment in higher education and research. Vade Mecum for the use of institutions (ANEF CLASCHES, CPED - 2nd edition 2017) - 65 pages.

• Gender-based behaviours and sexual violence: preventing, detecting, acting (MENESR-MDDF 2015) - 36 pages

- Rape, sexual assault. Assert your rights (CLFC Legal Guide - 2018 Edition) - 52 pages.