SEXUAL HARASSMENT IN BOLIVIA: HOW TO IDENTIFY IT AND TAKE ACTION

Sexual harassment is a serious violation of a person’s dignity, integrity, and freedom. In Bolivia, it is classified as a criminal offense and may result in imprisonment, along with administrative sanctions when committed by a public official. This article outlines the legal framework governing sexual harassment, how to recognize it, and the steps to take if you are a victim or witness—featuring practical examples relevant to the Bolivian context.

WHAT IS SEXUAL HARASSMENT UNDER BOLIVIAN LAW?

Sexual harassment in Bolivia is defined as a crime that occurs when a person, by abusing a position of hierarchy or power (whether labor, institutional, academic, economic, political, or religious), subjects another individual to sexual behavior without their consent. This includes acts such as:

Persistent or coercive sexual advances
Conditioning promotions or benefits on sexual favors
Threatening retaliation for refusal to engage in sexual conduct
Forcing sexualized behavior through direct or indirect pressure

According to Bolivian law, this offense is punishable by 4 to 8 years of imprisonment. If the perpetrator is a public official, the punishment is increased by one-third and the individual is subject to immediate dismissal.

EXAMPLES OF SEXUAL HARASSMENT IN BOLIVIA

Case 1: “Promotion With Conditions”

Scenario: Carla works for a private company. Her supervisor suggests she could be promoted if she agrees to go out with him and “be closer.” After she refuses, she is assigned fewer tasks and denied growth opportunities. **Analysis:** This is a clear case of sexual harassment, where a benefit (promotion) is conditioned on non-consensual sexual behavior.

Case 2: “Subtle Threats in Public Office”

Scenario: In a government institution, a female employee is persistently invited to dinners by her superior. After several refusals, he remarks that her contract may not be renewed unless their “relationship” improves. **Analysis:** This constitutes sexual harassment, aggravated by the involvement of a public official and the implicit threat.

Case 3: “Academic Harassment”

Scenario: At a university, a professor tells a student he could help her pass the course if she joins him on an academic trip. The student feels pressured and harassed. **Analysis:** Offering an academic benefit (a passing grade) in exchange for sexual behavior qualifies as sexual harassment in an educational context.

WHAT TO DO IF YOU ARE A VICTIM OF SEXUAL HARASSMENT

Sexual harassment is considered a public offense in Bolivia, meaning it can be reported directly to:

The Public Prosecutor’s Office (Ministerio Público)
The Bolivian Police
Departmental or Regional Labor Offices, if it occurs in the workplace

Victims are encouraged to gather all possible evidence: messages, emails, witness statements, or legally permissible recordings. Protective measures such as job reassignment, reduced hours, or temporary relocation of the accused may be requested during the investigation.

CONSEQUENCES FOR PUBLIC OFFICIALS WHO COMMIT SEXUAL HARASSMENT

When a public servant engages in sexual harassment in the context of a hierarchical relationship, two immediate consequences apply:

Immediate dismissal, even without a prior conviction
Increased sentence by one-third, potentially up to 10 years and 8 months in prison

In addition, the complaint may be submitted to the Summary Authority of the relevant institution. If no action is taken, the case is referred to the Public Prosecutor.

At our law firm in Bolivia, we support victims of sexual violence with confidential legal assistance. Contact our specialized attorneys today.

Frequently Asked Questions (FAQs)

What is the difference between workplace harassment and sexual harassment?

Workplace harassment involves general mistreatment (e.g., insults, pressure, isolation), whereas sexual harassment specifically involves non-consensual sexual behavior.

Can I file a complaint if I don’t have physical evidence?

Yes. Complaints can be based on your testimony and supported by witness statements or behavior patterns.

Can I file a complaint anonymously?

No. However, you can seek preliminary guidance anonymously from specialized entities before formalizing a complaint.

Is sexual harassment limited to male-on-female cases?

No. Sexual harassment can affect anyone, regardless of their sex, orientation, or gender identity.

What happens if the victim is a minor?

The case may be classified as a more serious crime, such as abuse or sexual violence, and must follow special protocols enforced by the Prosecutor’s Office and the Child Protection Agency.

Bibliography

Criminal Code of the Plurinational State of Bolivia
Political Constitution of the State
Comprehensive Law to Guarantee Women a Life Free of Violence
Bolivian criminal jurisprudence on gender violence and sexual harassment
Protocols of the Public Prosecutor’s Office for sexual violence offenses

The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.