France's New Sexual Harassment Law Still Too Vague?

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Next week, French lawmakers are expected to pass a bill under which sexual harassment will be considered a criminal offense, carrying a punishment of two years in jail and a find of 30,000 euros (about $37,000). The French National Assembly approved the law last Wednesday by a unanimous vote.

The old law, which was modified in 2002, restricted sexual harassment to “obtaining favors of a sexual nature” and was punishable by one year in jail and a fine of about $18,500. But after a deputy mayor, who was convicted of sexually harassing three employees, claimed that the law was too vague, France’s Constitutional Court threw it out in May. Afterwards, a number of sexual harassment cases were dismissed. The result was a ”dangerous void,” says Najat Vallaud-Belkacem, France’s minister for women’s rights, in the Guardian.

How France’s New Law Will Define Sexual Harassment

The new law indeed offers a more precise definition of sexual harassment as the New York Times explains:

“imposing on someone, in a repeated way, words or actions that have a sexual connotation” and either “affecting the person’s dignity because of their degrading or humiliating nature” or putting him or her in an “intimidating, hostile or offensive situation.”

In addition, the law will take into account all types of sexual harassment, in the workplace and elsewhere, be they jokes, innuendoes, gestures or “leaving a pornographic magazine on someone’s desk,” says the Guardian:

A victim will no longer have to prove that a harasser was trying to secure a sexual encounter. When there are clear demands for sex, such as someone demanding sex at a job interview or for a housing contract – examples of which have dominated recent French media coverage of the issue – a single incident can be enough to go to trial.

More serious offenses, including sexually harassing someone under 15 years old or individuals with physical disabilities can result in punishments of up to three years in jail and a $53,000 fine.

While some 1,000 sexual harassment cases are filed a year in France, few are brought to court — only about 80 led to sentences from 2005 to 2010.

Feminists Says the New Law Is Still Too Vague

The bill itself received support from both the left and the right and is being seen as “significant step toward women’s rights in a country where sexism and gender inequalities often provide a fertile ground for sexual harassment,” says the New York Times.

But feminist organizations assert that the laws needs to go farther. Marilyn Baldeck, of the feminist group the European Association Against Violence Toward Women at Work, said that she felt the new law is still too vague in its definition of “sexual connotation” and that it was pushed through too quickly. Asma Guenifi, president of Neither Prostitutes nor Doormats, has also expressed fears that the new law will not be “clear enough, protective enough or global enough.”

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Maddy W.

9:01AM PDT on Aug 12, 2012

Wow. That's kind of sad.

August 12
send a green star

Jez w.

4:35PM PDT on Aug 6, 2012

@Angie H: and if we are all mad as you put it, so what? The thing is, bullies don't always go away. Ask Anita Hill. Men and women can still flirt and laugh without it being seen was asking for sexual favours. As for PC, well, many people don't remember what it was like without it - a guy I know said to me not so long ago - 'before PC I could have called you spastic (I have CP) and got away with it', MY answer - 'I sympathise - before PC I could have punched you in the face for being so damn rude!'

August 6
send a green star

Sian R.

3:28AM PDT on Aug 2, 2012

Try evolving your own country first, maryam.

August 2
send a green star

A N M.

6:00PM PDT on Jul 30, 2012

The rules against sexual harassment in the US are just a paper tiger anyway. It's virtually impossible to ever go up against someone no matter how much of a sexist bully he is.