About Sexual Harassment Law in Trujillo, Peru
In Trujillo, Peru as well as the entirety of the nation, Sexual Harassment is taken seriously. The law defines sexual harassment as any undue or persistent behaviour with sexual implications that is not wanted by the person who is the recipient of said behaviour. This includes instances occurring not only in the workplace but in educational institutions and any given public or private space. Sexual Harassment can include unwelcome sexual advances, verbal or physical harassment of a sexual nature, or offensive remarks about a person's sex.
Why You May Need a Lawyer
Getting legal assistance is important for sexual harassment cases that may seem overwhelming to individuals, especially because there are certain complexities that require legal knowledge. A lawyer can assist in filing complaints, representing you in court, obtaining necessary evidence, and protecting your rights. Additionally, they can help you understand the extent of your situation and guide you through the legal procedures. It is advisable to seek legal help if you're a victim of sexual harassment to ensure your case is handled correctly and you receive the justice you deserve.
Local Laws Overview
The Peruvian Penal Code, Article 176 - B, stipulates that anyone who carries out sexual harassment could be sentenced to a penalty of no less than two or more than four years. A major aspect of this is that the act doesn't need to be physical – visual elements, phone calls, texts, or any other form of communication containing sexual contents could constitute an offence. If the harasser uses his position of power to commit the act, the penalty can be strict, imposing a ban from their role for 1 to 5 years. In addition, Law No. 27942, Law on prevention and punishment of sexual harassment, applies to a broad range of locations including public transportation, schools, workplaces and beyond.
Frequently Asked Questions
What to do if I am a victim of sexual harassment in Trujillo?
If you are a victim, gather as much evidence as you can and report the harassment immediately to local authorities. Contact your lawyer to find out the best way to proceed with your case.
Can I be harassed by someone of the same sex?
Yes, sexual harassment can occur regardless of the harasser's sex. It can occur between people of the same sex or different sexes.
Does the harassment have to be physical?
No, the harassment does not have to be physical. It can be verbal, emotional or via digital methods of communication.
Can I complain about harassment that occurred in the past?
Yes, you can complain about harassment regardless of when it happened. However, it’s easier to take legal action soon after the incident as the evidence will likely be stronger.
What will happen to the offender once he/she is found guilty of sexual harassment?
The offender may face criminal charges which include imprisonment, fines, and other penalties ranging from removal from their post if the offence occurred at workplace or school.
Additional Resources
Peru’s Ministry of Women and Vulnerable Populations provides a helpful resource for victims of sexual harassment. The organization has a toll-free hotline, 100, that offers free and confidential advice and assistance, 24/7. Other organisations include DEMUS (Study for the Defense of Women's Rights), which assists victims of gender-based violence, including sexual harassment.
Next Steps
If you require legal assistance in a case of sexual harassment, you should immediately seek counsel from a lawyer who specializes in this area. They can guide you on how to file a complaint, gather necessary evidence, and proceed with your case. Remember not to delay seeking help, as delay may make your case difficult to prove. Always report the incident to local authorities immediately and retain any evidence of harassment for your lawyer to review. The law in Peru is on your side. You are not alone and there are several organizations ready to assist you throughout this process.
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