Elements of Sexual Harassment (RA 7877)

ELEMENTS OF THE CRIME OF SEXUAL HARASSMENT

Any Person

For a person to be liable for sexual harassment, he must be an employer, an employee, a manager, a supervisor, an agent of the employer, a teacher, an instructor, a professor, a coach or a trainer. Also, any other person may be liable for sexual harassment as long as he has authority, influence or moral ascendancy in a work or training or education environment over the victim. The law does not refer to the victim as male or female.

Any person who cooperates in the commission of sexual harassment is also liable. Any person who induces another to commit acts of sexual harassment is also liable. Hence, inducers and cooperators are liable with the doer.
The Act

Such any person must demand, request or otherwise require any sexual favor from the victim in a work or training or education environment.

Acceptance

It does not matter of whether the demand, request or requirement for submission is accepted by the victim. This means that, even if the victim accepts the demand, there may still be sexual harassment.

The Environment

The act must be done in a work or training or education environment.

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