Moral harassment, in its many forms, is an issue deeply rooted in the social and legal spheres. Beyond its emotional and psychological weight, it is an offence rigorously regulated by criminal law, which defines, categorises and punishes it. This article delves into the mysteries of criminal law to demystify the concept of moral harassment, explore its various manifestations, and present the range of penalties applicable to this criminal offence. We will also guide you through the complaints procedures and highlight the importance of prevention and education in the fight against the different types of harassment: bullying, harassment at work, harassment at school, harassment in the family, street harassment, etc.
What is harassment under French criminal law?
Legal framework for harassment
Under French criminal law, the offence of harassment has the following definition: systematic abusive conduct, an attack on dignity, punishable under article 222-33-2-2 of the Criminal Code. This legislative framework weaves a protective net around the victims of harassment and draws a clear line that no one should cross. From the repetition of degrading remarks to digital harassment, harassment is a shadow that the law seeks to dispel through the clarity of its provisions.
Identifying and categorising harassment
Understanding bullying means identifying its many faces: harassment at work, at school, sexual abuse or cyberbullying: each type of harassment has its own stigma and specific criteria. Far from being superficial labels, these categories are markers that guide victims through the maze of their rights. This enables the judicial authorities to set up intangible barriers to this criminal offence.
The different forms of harassment and their legal characteristics
Moral harassment: psychological violence
Moral harassment is an insidious form of violence that lurks in the unspoken, in the repetition of gestures or words that, day after day, destroy a person’s psychological integrity. The law defines it through systematicity and deliberation, clear criteria that transform feelings into justiciable elements. Each case is a jigsaw puzzle in which the pieces are words, silences and glances, whose assembly by the judge or prosecutor, representing the public prosecutor, reveals the picture of suffering and leads to legal repercussions proportionate to the harm suffered.
Sexual harassment and cyberbullying
Sexual harassment, for its part, covers a spectrum ranging from the gravelly allusion to explicit aggression, a transgression of intimacy whose contours are severely defined by criminal law. Men and women who are victims of sexual harassment are often subjected to sexual remarks, sexist comments, threats of dismissal if they do not cooperate, etc.
Cyber-harassment, the dark child of the digital age, echoes a connected society where the harasser hides behind his screen, extending his hold beyond physical spaces. French legislation has adapted by introducing measures and penalties to deal with online harassment.
School bullying
In schools, a phenomenon as silent as it is destructive is rife: bullying. This form of repeated aggression takes root in corridors and classrooms, where pupils become the targets of their fellow pupils. School bullying takes the form of mockery, social exclusion and even physical violence. This has a profound impact on the mental and physical health of the victims.
The players and their roles
At the heart of this turmoil, the school plays a crucial role. It is the school’s responsibility to put in place prevention and rapid intervention policies to protect its pupils. Parents, teachers and educational staff must be vigilant and cooperate effectively to identify signs of bullying and put a stop to it.
Harassment at work
The professional world is not spared from this offence. Harassment in the workplace is characterised by behaviour that undermines dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment (art L. 1152-4 of the Labour Code). Often hidden behind seemingly innocuous gestures or words, harassment in the workplace can seriously affect employees’ careers and health. It may have a sexual connotation, be ethnic or religious in nature, or simply relate to the terms of the employment contract. In some cases, the employer seeks to exert power over the employee.
The labour law response
To counter harassment in the workplace, the Labour Code and the Criminal Code provide a legal framework to protect victims. Employees have the means to lodge a complaint and obtain compensation, while employers are obliged to prevent and react to such behaviour.
Domestic harassment
Within the family circle, particularly in a couple’s relationship, bullying takes a particularly perverse form. Domestic harassment takes the form of acts of intimidation or manipulation, with a desire to dominate the other person. This psychological or physical violence profoundly alters family ties and the well-being of others.
Towards collective awareness
In the face of domestic harassment, society has a duty to break the silence. Recognition of this toxic behaviour and support for victims are essential. Specialised structures and legal professionals can offer important support in overcoming these ordeals.
In every case, bullying leaves deep scars. It is essential to act with empathy, vigilance and determination to eradicate such behaviour and protect the most vulnerable. The fight against bullying is everyone’s business, and every step towards preventing it is a step towards a fairer, more caring society.
What to do in the event of harassment
Become aware of the situation
Acknowledging that you are a victim of bullying is essential. Harassment is characterised by a repetition of behaviour aimed at damaging the victim’s mental or physical health, affecting their quality of life and sometimes even leading to physical or psychological illness. It is essential to identify such behaviour as early as possible.
Documenting and gathering evidence
Keeping a record of all incidents is essential. Whether through screenshots, telephone calls, witness statements (where and how the offence took place) or any other physical or electronic medium, compiling a list of evidence is an essential step in supporting your complaint of harassment in court. This evidence will be used to demonstrate the repetition of the acts and their impact on your health.
Talk and seek support
It’s essential not to keep what you’ve experienced to yourself. Talking to friends and family, trusted colleagues or a healthcare professional can help break the isolation. Specialist services can also offer a listening ear and advice tailored to your situation.
Taking legal action
Filing a complaint with the relevant authorities is often a necessary step. Contacting a lawyer specialising in criminal law or employment law can help you understand your rights and the steps to take. Protection orders can be requested from the court judge to ensure your safety.
Use the remedies available
Whether it’s your employer, your school or a specialist association, it’s important to report bullying. These bodies have a responsibility to prevent and manage harassment, and can put in place measures to put an end to it.
Legal protection
As a last resort, legal action may be taken to obtain compensation for the moral and physical harm suffered. Sentencing the perpetrators of harassment to prison terms or fines can have a dissuasive and restorative effect on victims.
Procedures and steps for lodging a complaint in the event of harassment
The harassment complaint procedure
Filing a complaint is an act of courage, the transition from silence to speaking out. This first step is often taken at a police station. The judicial police officer listens, records and initiates the judicial process so that the person accused is held to account.
Gathering evidence and testimony
The strength of a complaint lies in the evidence it contains: messages, emails, testimonies from family members or colleagues, etc. Each piece of evidence is a pillar that supports the complaint. Each piece of evidence is a pillar of support for the case, an echo of the victim’s voice in the courtroom. Gathering this evidence, guided by the sound advice of a harassment lawyer, is an important phase in establishing the truth.
How do you prove that you are a victim of harassment in the workplace?
Proving that you are a victim of harassment in the workplace is a real challenge, requiring you to gather concrete and credible evidence. There are a few key steps you can take to help you build a solid case.
Firstly, document every incident related to harassment at work: e-mails, messages, notes from meetings, testimonies from colleagues. These documents will serve as tangible proof of the repeated, apparent and malicious nature of the harassment. It is important to note the dates, places and context of each act to demonstrate their impact on your mental health, your professional environment and your social life.
Next, a medical or psychological report attesting to the consequences of the harassment on your health may prove decisive. A deterioration in your state of health linked to the stress or anxiety caused by this offence is further proof of its existence.
Don’t hesitate to seek the help of a lawyer specialising in employment law or a trade union representative. These professionals can guide you through the process of filing a complaint and strengthen your case with their expertise.
Gathering these elements can help to prove the existence of moral harassment and obtain recognition of your status as a victim, thus paving the way for compensation and the cessation of harmful conduct. According to a Court of Cassation ruling of 19 April 2023, the limitation period for this type of offence is five years. Action may also be taken at the industrial tribunal to obtain compensation.
Criminal penalties for harassment
Scale of penalties and sanctions
In the case of moral harassment, criminal law deploys a scale of penalties that are graduated and adapted to the seriousness of the acts committed. From fines for minor offences to prison sentences for the most serious offences, the system seeks to redress the balance and make justice proportionate to the pain inflicted. The offender risks up to 2 years’ imprisonment and a fine of €30,000.
Impact of penalties on offenders
The consequences of a conviction reverberate far beyond the walls of the courtroom. For perpetrators of psychological harassment, criminal sanctions can mean a break in their professional careers and personal lives. While these repercussions are necessary to demonstrate society’s intransigence in the face of these acts, they also serve as a reminder that behind every court decision, lives are changed and destinies redefined.
What should you do if you are cyberbullied?
Identify and document the harassment
The first step is to recognise the signs of cyberbullying. Any online behaviour designed to intimidate, offend or threaten someone on a regular basis can be classified as cyberbullying. It’s a good idea to document such behaviour by taking screenshots and noting the dates and times of incidents. This documentation will serve as evidence when taking legal action or reporting incidents to the platforms concerned.
Support and reporting
Don’t remain isolated. Talking to friends and family about the situation can provide vital moral support. At the same time, it is essential to report abusive content and behaviour to the social networks and websites concerned. These platforms have procedures for lodging complaints against malicious behaviour, and can remove the content or suspend the accounts of those responsible for this offence, which is punishable under the Criminal Code.
Call on the law and professionals
When cyberbullying reaches a critical level, affecting your peace of mind or your mental health, recourse to the law becomes necessary. The Criminal Code provides for penalties for cyberbullying, including fines and imprisonment. Consulting a harassment lawyer can help you understand your rights and the steps you need to take to lodge a complaint with the courts.
Protecting your digital life
As well as taking legal action and reporting harassment, adopting online safety measures is essential to prevent cyberbullying. Changing the privacy settings on your accounts, using pseudonyms or blocking attackers all help to protect you online.
Who should you contact if you are being bullied at school?
The school: first point of contact
The school is the first line of defence against bullying. Teachers, educational counsellors and management are on the front line in detecting and intervening. Alert them at the first signs of bullying. Every school should have a clear procedure for dealing with such situations, in accordance with the Education Code.
Specialist associations: outside support
Many associations are dedicated to combating bullying at school, offering victims and their families a listening ear, advice and support. These organisations can also intervene in schools to raise awareness and train pupils and educational staff on this issue.
State services: enhanced protection
In the event of a serious situation, or if dealing with the school does not produce the desired results, it is possible to turn to government services. The school board, the academic inspectorate or the courts can be called in to put a stop to bullying and take the necessary disciplinary or legal action against the perpetrators.
The importance of speaking out
Breaking the silence is an act of courage, but also a step towards healing. Encouraging victims to talk, whether to family and friends or to education or health professionals, is essential. Speaking out frees people to take concrete action to put an end to harassment.
Listening and reporting services
Freephone numbers and online platforms dedicated to reporting bullying at school have been set up to help victims and their families. These anonymous and free services are a valuable resource for getting help quickly.
How much does a bullying lawsuit cost?
Legal fees
One of the main items of expenditure in a lawsuit is the fees of theharassment lawyer. Depending on the complexity of the case and the reputation of the law firm, these fees can range from €100 to €500 for an initial consultation, and from €1,500 to €15,000 or more for the full handling of a harassment case. Some lawyers offer a fixed fee, while others opt for an hourly rate. If you are unable to pay these fees, you may be assisted by a court-appointed lawyer.
Legal fees
Court fees cover the costs of lodging a complaint, any bailiff’s fees for serving documents, and various administrative costs. These costs can amount to several hundred euros, depending on the specific nature of the case.
Legal aid
For people on modest incomes, the State may cover all or part of the legal costs through legal aid. This assistance is means-tested and can cover lawyers’ fees, court costs and other expenses related to the case.
Damages and interest
If you win, the court may order the opposing party to pay you compensation, which may offset some or all of your legal costs. It is important to note, however, that the amount of such compensation varies widely and depends on the specifics of each case.
Preventing harassment and the role of criminal law
Legislative measures and deterrence
At the heart of the fight against bullying, criminal law acts as a protective shield, armed with rigorous legislative measures, including fines and prison sentences for the most serious cases. More than just a barrier, these measures act as a deterrent, highlighting the severe consequences for those who place individuals in this vulnerable position. They reflect a society that, aware of the ravages of these acts, has chosen to stand firm against them.
Education and awareness-raising
Alongside legal sanctions, the importance of education and awareness-raising cannot be underestimated. Public campaigns, school programmes and local initiatives together weave a web of knowledge and understanding aimed at eradicating the roots of harassment. By enlightening minds and opening hearts to empathy and mutual respect, these combined efforts help to create an environment where harassment no longer has a place, proving that prevention, backed by the law, is one of the most powerful weapons in this battle for collective well-being.
Conclusion
In French criminal law, the fight against harassment stands as a beacon, guiding the way towards justice and the protection of individuals. This article has sought to shed light on the contours of harassment, revealing its polymorphous nature and the legal armour forged to combat it. From complaints to prevention to education, every aspect reveals society’s deep commitment to eradicating this crime. Thus, far from being a fatality, harassment, confronted with the rigour of the law and the collective drive to raise awareness, finds in each legal victory or preventive action renewed hope for a future where mutual respect is the rule, not the exception.
