France threw away its sexual harassment law three months ago. Cases were dismissed or postponed, leaving victims without protection.
Revised ten years ago, the old law restricted sexual harassment to “obtaining favors of a sexual nature.” You could also legally sexually blackmail someone once. If you sexually blackmailed that person a second time, then you’d be in trouble. Punishment for sexual harassment was a year in jail and a fine of about $18,500.
It took a mayor sexually harassing a city hall employee for things to change. Deputy mayor Gérard Ducray was charged with sexual misconduct in 2010 and found guilty in 2011. That same year, the International Monetary Fund chief Dominique Strauss-Kahn and French Civil Service Minister Georges Tron were accused of sexual harassment.
News of these allegations sparked heated debates about what is tolerable in the workplace and whether or not the law should be revised. Roughly 1,000 cases of sexual harassment are registered each year, but from 2005 to 2010 there were only about 80 sexual harassment cases each year that resulted in sentences. This means that only 8% of the people accused of sexual harassment were punished. After being declared guilty of sexual harassment, Ducray contested to the highest court that the law was too vague so he should not be punished. He was right (about the law). The law was struck down, and he walked away a free man in May.
The new law was signed yesterday, defining sexual harassment as “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.” This definition of sexual harassment is more broad, less vague, and allows for more situations to be included. The law also covers moral harassment in the workplace and transphobia (fear of transgender people or transsexuals). Offenses will be categorized into one of three levels, with different consequences associated with each. For instance, a serious offense like sexually harassing a minor under 15 years old or a person who is physically disabled can face up to three years in jail and a $53,000 fine.
The men in this French assembly, only weeks ago were giving catcalls to a cabinet minister who had the floor – she was wearing a blue and white flowered dress. The men said that they were merely showing their appreciation. “We weren’t booing or whistling at Cecile Duflot. We were admiring,” Patrick Balkany, of the conservative opposition UMP, told the newspaper Figaro. “It’s possible to look at a woman with interest without it being machismo.” So even the creators of the law still don’t really get it yet… it will take a while for attitudes to change everywhere. But at least, this law is a good first step in the right direction.
An excellent video that shows what many women typically go through has been making waves in France. It shows women walking down the street in front of, or with, a hidden camera. Even though it was filmed in Belgium, it holds true in France. I have to admit, I avoided walking several places because I was treated similarly (magically disappeared after I sported a baby bump, and then a baby). Here is a clip of it in French. If you don’t understand French, you can still figure out what is going on when watching the video.
Resources
France passes a Toughter Sexual Harassment Law on Global Edition of the NY Times
France passes new sexual harassment law on CBC News
France Sexual Harassment Law Mulled After Previous Statute Struck Down on Huffington Post
Image credit: CBC News
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