Sexual harassment is a crime regulated by article 184 of the Penal Code and the protected legal assets are, firstly, the sexual freedom of the victim, and secondly, the individual freedom in the victim’s environment.
This crime is different from sexual abuse and punishes those who take advantage of an employment, teaching or service provision relationship to ask sexual favors to another person in the same environment, causing the victim an objective, humiliating, intimidating and hostile situation.
For this crime to occur, there must be willful intent on the part of the accused, the person responsible must be aware of the uncomfortable situation that is causing the other person and act with willfulness in his or her conduct. There is no reckless sexual harassment.