What is sexual harassment? And what's the difference with harassment?

The term sexual harassment went viral in recent days on social media after the BBB23 episode, which ended with the elimination of MC Guimê and Cara de Sapato. It is common to confuse harassment with sexual harassment. In the Brazilian Penal Code, the two crimes are distinct and the penalties are also different.

On Thursday night (16), the participants of the BBB3 MC Guimê e Shoe Face they were kicked out of the reality show for 'violating the show's rules'. They were caught inappropriately touching the bodies of game participants without their consent, in addition to insistent advances for kisses and intimate touches.

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A Civil Police of Rio de Janeiro is investigating whether the eliminated participants fit the sexual harassment.

O Curto News has already explained how it all happened and it involves a Mexican participant who is in the BBB23 house:

To understand the difference between the types of sexual violence: Curto News talked to public defender from Rio Grande do Sul, Lisiane Hartmann, from the Women's Defense Center of the Public Defender's Office.

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What is sexual harassment?

Sexual harassment is provided for in article 215-A. The penalty is one to five years.

Sexual harassment is any libidinous act, which is those behaviors that seek to satisfy sexual desire. It is quite common on public transport, when women are targets of inappropriate touching in intimate areas, squeezing, hair pulling and other sexual acts that do not involve consent.

The sexual harassment law was created after the huge repercussion of a case in which a man ejaculated on a woman on public transport. He was arrested red-handed.

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“Unlike the crime of harassment committed by a hierarchical superior or job title, function of descent, harassment does not impose on the perpetrator. This specific characteristic, that is, the person who commits it, does not need to have this characteristic of being superior or having a position of ascendancy in relation to the victim and for harassment, some elements of the practice of a libidinous act are necessary, of the victim's non-compliance..”, he explained.

“Issue is the practice of a libidinous act without the victim’s consent by anyone, at any time and in any place.”, he concluded.

What is sexual harassment?

Sexual harassment is provided for in article 216-A. The penalty is one to two years.

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In sexual harassment, there is a power relationship: the aggressor usually takes advantage of his hierarchical level under the victim. You know that classic boss who harasses the employee and threatens her duties if she doesn't respond? This is sexual harassment.

“There is the issue of embarrassing the victim, the aim of obtaining an advantage or sexual favor in this type of crime. The agent must be a hierarchical superior and have ancestry in relation to the victim. This superiority, or ascendency, must be inherent to the exercise of employment or function.”, explained the lawyer.

There is something in common with the two crimes: they both deal with crimes related to sexual freedom and consent. No it's not!🚫

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@curtonews Do you know the difference between #harassment e #sexualimportunation? These terms gained prominence in the last few hours after the case in # BBB23 ♬ original sound – Curto News

Curto Curatorship:

In case of violence, call and report:

  • 190 – Emergency Military Brigade
  • 180 – Women’s Service Center

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