Dealing with sexual harassment & sexualized violence

Sexual harassment or sexualized violence by and towards university members is a violation of the human dignity protected by the German Constitution (Articles 1 and 3 GG) and will not be tolerated at the University of Regensburg (UR).

Guiding the understanding of sexual harassment and sexualized violence is the legal interpretation of the AGG, sexual harassment in § 3 para. subsumed under discrimination (disadvantages) and defined as follows:

Sexual harassment is a disadvantage in relation to § 2 para. 1 nos. 1 to 4, if an unwanted, sexually determined behavior, which also includes

• sexual acts and requests for these,
• sexually determined physical touching,
• remarks of sexual content as well as
• displaying and visibly affixing pornographic representations

has the purpose or effect of violating the dignity of the person concerned, in particular by creating an intimidating, hostile, degrading, humiliating or offensive environment.

Thus, all verbal, non-verbal and physical approaches that are perceived as unwanted, border-crossing, threatening, degrading or humiliating are to be classified as sexual harassment.

In any case, the right of complaint applies to experiences of sexual harassment in the professional environment. However, exercising this right depends on the will of the persons concerned.

Sexual harassment and sexualized violence according to the german Criminal Code (StGB):

Criminal offenses against sexual self-determination are regulated in the 13th section of the Criminal Code (StGB §§ 174 to 184).

This also includes sexual harassment, insofar as it is accompanied by sexually determined physical touching. It can result in imprisonment of up to two years or a fine, but is generally only prosecuted on application/report. (§ 184i StGB)

The term "sexualized violence" covers sexual acts without the consent or capacity to consent of the person concerned (Section 177 (1) and (2) StGB). They are considered official offenses, are prosecuted ex officio and are punishable by imprisonment from six months to five years. The penalty depends on the type and degree of violence and the victim's ability to consent.

The UR contributes to the protection against discrimination, harassment and violence through preventive and reactive measures by

• sensitizing all members with regard to sexual harassment and sexualized violence,
• actively supporting those affected in enforcing their right to complain and file a complaint,
• sanctioning sexual harassment and sexualized violence.