Most recently, there was a case where a lecturer at the University of Economics and Industrial Technology was accused of texting “soliciting” messages to students. Explaining to the school, this lecturer affirmed that there was no incident like the accusation posted online. society at the same time assured that if the incident is as denounced, they will resign and leave the education sector.
The incident is under investigation by the police force, however if this is true, This behavior is a manifestation of moral degradation, worth mentioning here is also the educational environment.
What is “soliciting”?
According to Lawyer Nguyen Van Nghia, LSX Law Company, sexual solicitation can be understood as polite words only targeting gender differences with unhealthy intentions. This behavior can also be called “sexual harassment”.
Behaviors that can be considered sexual harassment. are understood as acts of a sexual nature that affect the dignity of others.
Acts of sexual harassment
+ Forcing someone to kiss, perform oral sex, or engage in sexual intercourse is considered sexual harassment or bullying Rape; that is an extremely serious crime.
+ Making sexual comments or making sensitive gestures towards or about someone.
< p>+ Spreading sexual rumors (in person or online).
+ Writing other people’s contact information on the bathroom wall or in other public places for the purpose of malicious intent.
+ Showing someone inappropriate sexual images or videos.
+ Asking someone to send nude images.
< p>+ Post comments about sexual images and videos on social networks such as Facebook; or sending messages with inappropriate content
+ Making sexual comments or requests while pretending to be someone else on the Internet.
+ Touching or pinching someone in an intentionally sexual way.
+ Pulling someone’s clothes and intentionally touching their body in an indecent way.
+ Forcing someone on a date Dating me over and over again even though that person refused.
How is “soliciting” punished according to the law?
Administrative sanctions
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This behavior may be subject to administrative sanctions; according to Article 5 of Decree 167/2013/ND-CP; regulations on sanctions for administrative violations in the field of security and social order; Prevention of social evils; fire prevention and fighting; Domestic violence prevention:
Article 5. Violation of public order regulations
- Warning or fine from 100,000 VND to 300,000 VND; for one of the following acts:
- a) Having rough gestures, words, provocation, teasing; insulting the honor and dignity of others;
- b) Causing disorder in theaters, cinemas, cultural houses, clubs, art performance venues; places to organize sports activities, festivals, exhibitions and fairs; headquarters of agencies, organizations, residential areas, schools, hospitals, train stations, bus stations; on the streets in port border areas or in other public places;
Accordingly, the act of solicitation is subject to a warning or a fine of 100,000 – 300,000 VND.
Criminal handling
Currently, according to the provisions of the Penal Code, there is no crime related to sexual harassment.
But when subjects commit sexual harassment, education; Satisfying the signs that constitute a crime will be prosecuted for criminal liability according to the provisions of the penal code for the following crimes:
Rape
Regulations in Article 141 of the 2015 Penal Code specifically: Article 141. Crime of rape
- Anyone who threatens to use force; or taking advantage of the victim’s defenseless state or other tricks; have sexual intercourse or engage in other sexual acts; Against the will of the victim, the penalty shall be from 02 to 07 years.
Crime of rape
Regulated in Article 143 Penal Code 2015 specifically: Article 143. Crime of rape:
- Whoever uses all tricks to make the person dependent on them; or a person who is in dire straits and is reluctant to have sexual intercourse or reluctant to perform other sexual acts shall be sentenced to between 01 and 05 years of imprisonment.
Crime of humiliating others
Provisions in Article 155 of the Penal Code specifically: Article 155. Crime of humiliating others
1. Anyone who seriously offends If you respect the dignity and honor of others, you will be subject to a warning, a fine from 10,000,000 VND to 30,000,000 VND or to non-custodial reform for up to 03 years.
Can be dismissed from work. Are lecturers sexually harassed?
According to the provisions of Article 19 of Decree 112/2020 of the Government Decree regulating the disciplinary handling of civil servants and public employees, the form of Discipline for dismissal in the following cases:
“Article 19. Disciplinary form for dismissal for public employees
Disciplinary form for dismissal for public employees for officials who commit violations in one of the following cases:
1. Have been disciplined in the form of dismissal for management officials or warning for officials who do not hold a management position but repeat the offense;
2. There is a first violation; causing particularly serious consequences in one of the cases specified in Article 16 of this Decree;
3. The management officer commits a first-time violation; causing very serious or particularly serious consequences in one of the cases specified in Clause 3, Article 17 of this Decree;
Based on the above regulations, the teacher (as an employee) Sexual harassment is not enough grounds to force termination of employment.
What to do when sexually harassed?
Students are lectured Members who commit acts of sexual harassment can seek help from school organizations or departments. If the school does not thoroughly resolve the issue or the behavior is as serious as the crime of rape mentioned above, the student can report it to the police so they can verify and resolve the matter. evidencemessagescalls can prove.
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