Recent Trends in Combating Sexual Harassment in Comparative Criminal Legislations

Abstract

This study attempts to demonstrate the features of criminal policy in comparative law to combat sexual harassment in terms of criminalization and punishment. In terms of criminalization, we discuss the preconditions for this crime and its elements, materials, and morality. This study attempts to define the framework of this crime by distinguishing it from other crimes, especially those committed against decency and sexual integrity. Simultaneously, it identifies cases in which this crime occurs and cases in which its elements are absent. This study examines sexual harassment in comparative laws, specifically Egyptian, French, and American laws. It aims to identify the position of various legislation on this offense in terms of its conditions and the perceived seriousness of the crime. Utilizing a dogmatic, analytical, and comparative approach, the research emphasizes the importance of criminalizing harassment and scrutinizing its effects on criminal and labor laws. I also follow an analytical approach based on the interpretation of texts, presentation of judicial rulings, analysis and conclusions, and other analytical tools. Finally, I follow a comparative approach in which the research is not limited to a specific law; instead, it is based on a comparative study to consider the experiences of legislators in various countries. The research offers valuable insights into effective legislative strategies and enforcement mechanisms, potentially guiding policymakers in crafting more robust and nuanced laws. By comparing international approaches, the study highlights best practices and identifies gaps. Key messages include the need for comprehensive legal frameworks, consistent enforcement, and an emphasis on victim-centered approaches to enhance the efficacy of sexual harassment laws.