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Домогательство не преступление?

Внезапные приставания на улицах, на работе, в ВУЗах сплошь и рядом остаются безнаказанными. Неприятные, пошлые действия практически невозможно доказать. Но ведь это не значит, что мы должны терпеть такое и радоваться, что на нас вообще обратили внимание.

Партнер коллегии адвокатов Pen & Paper Екатерина Тягай рассказала КоммерсантЪ, что кейсов по борьбе с домогательством в судах очень мало: «В суд жертвы харассмента обращаются нечасто, потому что отсутствует внятное правовое регулирование». Наказание за харассмент в РФ устанавливается статьёй 133 УК РФ («Понуждение к действиям сексуального характера») и 20.1 КоАП РФ («Мелкое хулиганство»).

Харассмент — это отношение к жертве как к человеку, который якобы хуже — и заслуживает меньше уважения, потому что у него, допустим, другой пол или цвет кожи», — сообщает Медуза.

По статье 133 УК РФ привлечь к ответственности можно именно за требование согласия на сношение. Среди способов воздействия на жертву отмечают

  • шантаж,
  • угрозу уничтожением, повреждением или изъятием имущества,
  • использование материальной или иной зависимости потерпевшего лица.

Иными словами, если к вашему телу нахально прикасается незнакомый человек, объясняя это якобы естественными биологическими потребностями, ему за это ничего не будет. Запугивания ведь не было.

«Это естественно, — говорят насильники.— Вы красивая девушка, а я мужчина».

К тому же часто нет ни вещественных доказательств, ни свидетелей.

На работе же харассмент жестко пресекается в случае, если вам пришлось уволиться из-за приставания начальства или коллег. Как сообщает «Медуза», «домогательства при приеме на работу, оплате труда, продвижении по службе и увольнении — это трудовая дискриминация» (статья 3 ТК РФ).

Справедливость можно найти, только собрав доказательства. Например, записи видеокамер, диктофона, скриншоты.

Руслан Бальбек
Источник: Царьград.тв

В 2019 году Депутат Госдумы от «Единой России» Руслан Бальбек разработал законопроект, вводящий уголовное наказание за домогательства. Планировалось приравнять его к наказанию за изнасилование. Ранее (в 2014 и 2015 гг.) подобные проекты отклонялись. Руслана поддержал ряд коллег, но документ так и не вынесли на голосование.

Примерно в это же время Международная Организация Труда (МОТ) приняла Конвенцию об искоренении насилия и домогательств в сфере труда. Россия разработала более 80 поправок, по сути, сужавших сферу применения Конвенции. МОТ поправки не приняла, а Россия воздержалась от голосования.

Впрочем, по словам постоянного представителя РФ при отделении ООН Геннадия Гатилова, Россия «считает абсолютно неприемлемой практику насилия и домогательств на рабочем месте» (Наша Газета).

Неужели, если нет закона, то и нет проблемы? Как же тогда карать насильников? Или терпеть, молчать, боясь потерять работу?

По словам научной сотрудницы Федерального научно-исследовательского социологического центра РАН Ольги Мирясовой, «практики противодействия должны быть на рабочем месте» (КоммерсантЪ). Большую роль в таком случае играют этические кодексы. За некорректное поведение предусматривается дисциплинарное наказание в виде выговора. Повторное замечание грозит увольнением.

Домогательства могут стать триггером для развития проблем с психикой, довести до суицида. Предотвратить это поможет уважение личного пространства не только между коллегами, но и между незнакомыми людьми.

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