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Bufete de abogados penalistas Alonso Sala
work_offPractice Area

Sexual Harassment

Specialized criminal defense in corporate and educational environments. Critical differentiation between labor conflict, administrative sanction, and crime.

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The Thin Red Line at Work

The crime of sexual harassment (Art. 184 CP) protects sexual freedom in environments where the victim has restricted response capacity due to a dependency relationship (work, studies). However, not every inappropriate behavior is a crime. The Supreme Court requires a "plus of seriousness" for the conduct to enter the criminal sphere.

We defend executives, teachers, and employees in complex situations where past personal relationships, performance labor conflicts, or staff restructuring often mix, leading to instrumental complaints.

Compliance Protocols and Corporate Criminal Liability

Since the 2015 reform, companies can be criminally liable if they do not have effective prevention mechanisms. In sexual harassment crimes, the company must have an active Harassment Protocol known to the staff. If an executive harasses and the company "looks the other way", the sanction can extend to the legal entity.

Modalities and Defense Strategy

Sexual Blackmail (Quid Pro Quo)

Occurs when a superior conditions a work decision (contract, promotion, dismissal) on the acceptance of sexual favors. It is the most serious form.

Defense Strategy:

Demonstrate that the labor decisions taken (e.g., dismissal or non-renewal) were based strictly on <strong>objective professional performance criteria</strong> or economic needs of the company, and not on retaliation for sexual rejection. We provide performance evaluations, emails, and audits.

Environmental Harassment

Behaviors creating a hostile, humiliating, or offensive work environment (jokes, comments on physique, pornography), without asking for a direct sexual favor.

Defense Strategy:

Fight for <strong>criminal atypicality</strong>. We argue that, although the conduct may be socially reprehensible or punishable by labor law (lack of respect), it does not reach the severity and intensity necessary to be a crime. We contextualize the work environment and prior trust relationships.

Digital Evidence and Context

Nowadays, 90% of sexual harassment cases leave a digital trail (WhatsApp, emails, social networks). The prosecution usually presents a biased selection of messages. Our job is to reconstruct the <strong>full story</strong>.

  • Reciprocity: Was there prior mutual flirting? Did the alleged victim actively participate in jokes or conversations of a sexual nature?
  • Change of Tone: Identify the exact moment the relationship broke down and correlate it with work events (a scolding, a denial of holidays) to evidence a possible spurious motive.
  • Forensic Dump: Ensure that the messages provided by the other party are not manipulated or taken out of context.
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Why Alonso & Sala for Sexual Harassment?

Corporate defense Art. 184 CP: criminal atypicality + digital context reconstruction + instrumental complaints restructuring.

  • corporate_fareCriminal atypicality plus seriousness Supreme Court: NOT every inappropriate behavior = crime. Socially reprehensible conduct + labor punishable (lack respect) NOT reach severity + intensity necessary enter criminal sphere. Contextualize work environment + prior trust tolerance relationships.
  • corporate_fareObjective performance criteria Quid pro quo: work decisions (dismissal, non-renewal) based strictly objective professional performance + economic company needs NOT retaliation sexual rejection. Provide performance evaluations + emails + audits document legitimate causes.
  • corporate_fareDigital reconstruction full context 90%: digital trail WhatsApp + emails + social. Prosecution biased message selection. Reciprocity mutual flirting + tone change correlate work events (scolding, holidays) evidence spurious revenge motive. Forensic dump guarantee NO manipulation.
  • corporate_fareInstrumental complaints business restructuring ERE: complaint arises just when ERE announced + negative evaluation protect job. Temporal synchrony key defense demonstrate instrumental complaint NOT authentic victimization.
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Sexual Harassment FAQs

Is an obscene comment sexual harassment?expand_more
Generally no. To be a crime, there must be a 'request for sexual favors'. Isolated obscene comments may be a labor sanction or, in extreme cases, a minor offense of vexation or against moral integrity, but not necessarily criminal sexual harassment.
Is physical contact necessary?expand_more
No. Sexual harassment can be purely verbal or environmental. If there is non-consensual physical contact with libidinous intent, we are no longer facing harassment, but the more serious crime of sexual assault (abuse).
Can I record my boss if he is harassing me?expand_more
Yes. Recordings in which one participates are legal and valid as evidence in court, even if the other person does not know they are being recorded. It is one of the most potent pieces of evidence for the prosecution and hardest for the defense.
Can I be fired if I report the company?expand_more
Dismissal as retaliation for reporting harassment is radically null and void. The victim has reinforced protection ('guarantee of indemnity'). If the accused is acquitted, the company could try to fire, but must prove the bad faith of the complaint.
What is the difference between Mobbing and Sexual Harassment?expand_more
Mobbing (workplace harassment, Art. 173 CP) seeks to morally destroy the worker so they leave. Sexual Harassment (Art. 184 CP) seeks to obtain a sexual favor. Sometimes both concur.
What is 'Quid pro quo'?expand_more
It is sexual blackmail: conditioning a work benefit (promotion, renewal) or avoiding harm (dismissal) on obtaining sexual favors. It is the most serious form of prevailing.
What is environmental harassment?expand_more
Creating an unbreathable work environment through sexual jokes, visible pornography, comments about the body, etc., which humiliate the victim even if there is no direct proposition of sex. It is harder to prove criminally, but punishable by labor law.
Can it be a crime if it happens outside the office?expand_more
Yes. If the relationship is work-related (boss-employee) and the harassment occurs at a company dinner, business trip, or via WhatsApp after hours, it is still a crime of sexual harassment in the workplace.
Is the company liable?expand_more
Yes. The company can be subsidiarily civilly liable if it did not take measures to prevent harassment or if, knowing about it, it did not act (culpa in vigilando). It must have an active Harassment Protocol.
What penalties does it carry?expand_more
The basic type carries a prison sentence of 3 to 5 months or a fine. With prevailing (superiority), prison of 5 to 7 months. Although these are short sentences, they carry criminal records and almost certainly job loss.
Are witnesses who didn't see it directly useful?expand_more
Yes, they are hearsay witnesses. Colleagues who saw the victim leaving the boss's office crying, or whom the victim told what happened at the moment ('res gestae'). They have probative value.
What if it was with a peer of the same level?expand_more
It is also a crime if there is a situation of non-hierarchical but de facto superiority (age, seniority, physical strength) that intimidates the victim, or if serious environmental harassment is created. However, 'prevailing' requires hierarchical superiority.
Does sick leave for depression serve as evidence?expand_more
Yes, the psychiatric report linking anxiety or depression to the work situation is a strong indication of the veracity of the account, although it does not by itself prove the specific facts.
Can the company report on my behalf?expand_more
The company has a duty to investigate (Whistleblowing Channel). If it detects a crime, it must report it to the Prosecution. Harassment is a semi-public crime: it requires a complaint from the aggrieved person, but the Prosecution can act if it considers it of public interest.
What is the 'Whistleblowing Channel'?expand_more
It is the mandatory internal channel in companies of +50 employees to report irregularities. Complaints here are confidential and, in theory, anonymous. It is the recommended preliminary step before the criminal route, to constitute proof that warning was given.
If they falsely accuse me to protect their job?expand_more
It is common in restructurings. We work to demonstrate that the complaint is instrumental: it arises just when an ERE or a negative evaluation is announced. Temporal synchrony is key for defense.
Can I ask for a restraining order against my colleague?expand_more
It is possible, though rare in sexual harassment (more common in gender violence). If granted, the company will be obliged to transfer one of the two or fire the investigated person to comply with the court order.
Who pays for my lawyer?expand_more
If you are an executive and the complaint derives from your function, check the Directors & Officers (D&O) Civil Liability policy. It often covers criminal defense costs, unless intent is proven with a final sentence.
Does sexual harassment prescribe?expand_more
Yes, after 5 years. But beware: in the labor sphere (dismissal sanction), faults prescribe very quickly (60 days). Do not confuse criminal deadlines with labor ones.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

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