On SAGE Insight: Criminalizing Sexual Harassment

From The Journal of Criminal Law

This article explores the differences between sexual behavior in the workplace and in the public domain. Arguments against criminalising sexual harassment because of incompatibility with the principles of criminal law are shown to be inaccurate.

It reviews the legal developments surrounding the concept of sexual harassment, showing that its development in general and in the USA in particular has been mainly in the area of labor. An examination of case law and of numerous studies on the subject of sexual harassment reveals that in this area sexual harassment causes severe harm to the principle of gender equality. The laws of equality at work seek to prevent this harm.

Abstract

The article explores the differences between sexual behavior in the workplace and in the public domain. Arguments against criminalizing sexual harassment because of incompatibility with the principles of criminal law are shown to be inaccurate. In the labor market, the principles of criminal law are consistent with a definition of sexual harassment as an offense of strict liability, and application of the doctrine of strict liability can protect the value of equality through criminal law.

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Article details
Criminalizing Sexual Harassment
Golan Luzon
First Published October 25, 2017
DOI: 10.1177/0022018317735420
From The Journal of Criminal Law

 

     
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