BBB 23: What’s the difference between sexual harassment and harassment?

The behavior of MC Guimê and Cara de Sapato with Dania Mendez on BBB 23 are crimes classified as sexual harassment. The ex-brothers were kicked out of reality for groping and forcing a kiss on the Mexican during a party this week. The Civil Police of Rio de Janeiro opened an inquiry to investigate their actions in the house.

Approved in 2018, law 13,718 classifies any forced act to satisfy the aggressor’s desire as criminal. Touches like hugging, kissing or malicious groping without the consent of the other party are some examples of sexual harassment.

After Guimê slides his hands down Dania’s back until he reaches her buttocks, feeling them, the participant demonstrates that she is uncomfortable with the attitude and removes the singer’s hand. Sapato Face tried to kiss her and even immobilized the participant on the bed. Maíra Recchia, a lawyer specializing in gender, clarifies that the lack of consent is preponderant for this crime.

“This crime is recent because it was typified in a period when women were being touched in public transport. When the victim says no, removes his hand or avoids it, that is sexual harassment. It is practicing any conduct to satisfy one’s desires without worry about the victim’s consent”, explains the lawyer.

Harassment is different from sexual harassment, which takes place in a hierarchy context. The aggressor tries to use his position in the hierarchy to obtain some sexual advantage and make the crime consummated.

Lawyer Izabella Lopes, who represented Duda Reis against Nego do Borel’s attacks, says that popular language can confuse people about the application of each crime. “Many people may call harassment what is actually sexual harassment. The crime of sexual harassment requires this relationship of hierarchy or ascendancy between the author and the victim”.

After presenter Tadeu Schmidt announced the expulsion of Guimê and Sapato, Dania cried and apologized to those confined. According to Lopes, this is a reflection of the way society perpetuates gender stereotypes and says that the station did not provide the necessary reception.

“Society still assigns women gender roles that make them believe that their behavior may have been responsible for the violation they suffered. exposed what happened in a clear way”, he says.

Maíra endorses and claims that it is very common for female victims to blame themselves for the acts of the aggressors, especially when the aggression does not leave physical marks, as in the case of rape. “Whether it’s psychological violence or sexual harassment, it’s all very relativized. Often the victim takes time to identify that conduct as violence and suffers re-victimization, yet another form of violence, from acts caused by the aggressors themselves. They suffer a whole social damage”, she explains .

The expert also regrets the way Globo handled the case by expelling the two in front of Dania. “When she exposes the victim and expels her aggressors in front of Dania, she doesn’t take due care with regard to protecting that woman and exposing that victim’s intimacy and image.”

“By putting this publicly and live, she doesn’t worry that everything was nationally resonated and that she was exposed on a program that is a ratings champion, with all that happening and she feeling even more guilty”, he says.