Stukans: Latvia has reached a situation where sexual harassment should be criminalized

The prosecutor’s office is not opposed to the criminalization of sexual harassment, but emphasizes that the law should clearly state in such a case exactly what actions are not allowed, says Prosecutor General Juris Stukāns.

The Ministry of Justice (MoJ) together with experts has started working on changes to the law in order to introduce criminal liability for sexual harassment in Latvia. Stukāns pointed out that the current regulation does not provide for criminal liability for cases that have come out publicly in connection with the actions of lecturers against female students. “If you judge only in the public aspect, then at the moment you cannot bring criminal responsibility, unless physical contact or something more appears in the further investigation,” said Stukāns.

Looking at the development of society and the understanding of values, Stukāns reasoned that perhaps Latvia has reached such a situation that it would be necessary to criminalize these activities, if people sometimes do not understand that they cause great harm to young people. “Therefore, it is the society’s decision whether we currently consider this activity so evil that criminal protection is also necessary,” Stukāns added.

Stukans emphasized that when making changes, it is necessary to ensure very precise wording. “Generally speaking, we will make such a provision of the law inapplicable, because there will always be a dispute as to what is meant by it. Therefore, the provision of the law must be very, very clear. It must be clearly written what is not permissible,” said the Attorney General.

The development of a clear and precise norm is necessary not only for the police investigator and the prosecutor’s office, but for any citizen of Latvia, because the laws are intended for people so that they can understand what is and is not allowed.

It has already been reported that the Minister of Justice Inese Lībiņa-Egnere (JV) is proposing criminal liability for sexual harassment, “thus allowing victims of violence to receive the necessary support and protection”.

Involving legal experts and non-governmental organizations, TM is currently preparing proposals for submission to the Saeima. Relevant proposals are planned to be submitted for the second reading of amendments to the Criminal Law, which are currently being considered by the Saeima. Currently, TM cannot provide more information about the upcoming changes in the law.

“Sexual harassment is a violation of human dignity. It covers various forms – it can be both verbal, non-verbal and physical sexual behavior, it can be carried out using various communication channels, including the digital environment,” emphasized the statement issued by TM, expressing its position, that it is necessary to improve the legal framework in order to ensure effective protection against sexual violence, including preventing sexual harassment and to determine appropriate and adequate responsibility for its implementation in any form.

Lībiņa-Egnere emphasizes that no person should experience sexual harassment, “whether at work or in an educational institution – in a place that should be safe”. Harassment is not always physically violent, it can also be inappropriate statements, violation of personal space and psychological influence. In addition, such humiliation of women is often not properly investigated, and this creates a feeling of impunity, the minister assesses.

The issue of sexual harassment became especially relevant after it was revealed that the Jāzeps Vītolas Academy of Music of Latvia (JVLMA) received several student complaints about possible sexual harassment by lecturers. So far, disciplinary punishment has been applied to one lecturer, another lecturer has been suspended without the possibility to communicate with students. Concerns of a similar nature have also been publicly expressed about a lecturer at the Academy of Arts.

The State Police has started criminal proceedings in connection with the information about the possible harassment of female students by JVLMA lecturers. The criminal process has been started according to the section of the Criminal Law on criminal offense against morality and sexual integrity.