Shanghai University of Finance and Economics Associate Professor Accused of Sexual Harassment Against Female Student Expelled; Why Can't Such Incidents Be Handled Through Legal Procedures?
[2] On the evening of December 9, Shanghai University of Finance and Economics issued a notice on its official Weibo regarding the handling of Qian Fengsheng, stating: In accordance with relevant national and university regulations, after research and decision, Qian Fengsheng is expelled, and the procedure is submitted to higher authorities for approval; his associate professor professional title is revoked; his teaching qualification is revoked.
Event review:
[3] Why do most campus sexual harassment cases not go through legal procedures?
[4] In many campus sexual harassment cases, we see that they often end with "the teacher being dismissed." Many netizens ask: Why is the legal responsibility of a certain teacher or professor not pursued?
[6] 1. Sexual harassment falls under civil law
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Scope of jurisdiction
The Law on the Protection of Women's Rights and Interests stipulates: Anyone who, in violation of this law, commits sexual harassment against women or
domestic violence , and if such act constitutes a violation of public security administration, the victim may request the public security authority to impose a penalty on the violator in accordance with the law. Administrative Penalties [1] , or may file a civil lawsuit in the people's court in accordance with the law.[2] The inclusion of "sexual harassment" in the Law on the Protection of Women's Rights and Interests is certainly a step forward. However, looking at the specific content of the provisions, it becomes clear that holding someone accountable still requires a basis in "acts violating public security administration."
那么《
[3] Public Security Administration Punishments Law [4] What does it stipulate?《
[3] Public Security Administration Punishments Law [5] There is no specific provision targeting "sexual harassment" in the law; only Article 44 states: "Whoever indecently assaults another... if the circumstances are egregious, shall be detained for not less than five days but not more than ten days."[6] 2. Sexual harassment Does not necessarily constitute Forced indecency or insult crime 或 强奸 罪
Indecency refers to obscene acts committed for the purpose of satisfying sexual desire through methods other than sexual intercourse, such as touching others' private parts; insult refers to acts by the suspect that involve non-physical contact or contact with non-private parts.
Rape is the act of forcibly engaging in sexual intercourse with a woman against her will by using violence, coercion, or other means.
Sexual harassment includes both verbal harassment and behavioral harassment. Whether a person's actions constitute the crime of forcible indecency, insult, or rape needs to be analyzed on a case-by-case basis.
Most such cases end up unresolved, firstly because "keeping it quiet" has become the default approach for most victims and universities in handling sexual harassment, and secondly because issues such as "difficulty in obtaining evidence" and "not constituting a crime" often exist in these cases.
