272 Journal of the Spanisch Institute for Strategic Studies N. 3 / 2014 Article 6.27 “Incorrectness in the fulfilment of the norms or measures designed to guarantee equality between men and women of the Armed Forces ”. Article 6.28 “Expressions or manifestations of contempt on account of birth, racial or ethnic origin, sex, sexual orientation and identity, religion, convictions, opinion, incapacity or any other condition or personal or social circumstance”. Article 7.27 “Carrying out, ordering or tolerating acts which, in any manner, impinge on intimacy, personal dignity or dignity in the workplace or constitute discrimination on account of birth, racial or ethnic origin, sex, sexual orientation and identity, religion, convictions, opinion, incapacity or any other condition or personal or social circumstance”. Article 8.12 “Carrying out, ordering or tolerating acts which affect the sexual liberty of people or imply sexual and sex-based harassment professionally or any other acts which, in any manner and repeatedly, impinge on intimacy, personal dignity or dignity in the workplace or constitute discrimination on account of birth, racial or ethnic origin, sex, sexual orientation and identity, religion, convictions, opinion, incapacity or any other condition or personal or social circumstance”. The extraordinary coincidence in the content of the serious and very serious offences as stated in articles 7.27 y 8.12 respectively, is only broken by the difference by the latter precept in its reference to sexual liberty as an affected legal right. While one might tend to highlight a priori the benefits of considering this very serious offence as a real crime detailed in the Military Penal Code or in the Ordinary Penal Code,13 it is equally important to clarify that it was considered more appropriate to qualify in a disciplinary manner undefined facts that could affect a legal right as subjective as sexual liberty. So, in spite of the fact that traditionally the violation of sexual liberty involved violent action associated with sexual offences, at the present time there are activities of a sexual nature –exhibitionism- which, without violence being involved, that can damage the sexual liberty of the passive subject.14 Without prejudice to the amendments introduced by the Parliamentary Groups 13 The underlying problems in relation to sexual harassment will be dealt with as a criminal offence in the Draft Bill of the new Military Penal Code Organic Law. 14 HERREA MORENO. Myriam. Violencia en la Violación. Aspectos dogmáticos y victimológicos. Artículos doctrinales de derecho penal: La problemática del bien jurídico protegido en la criminalidad sexual violenta. Noticias Jurídicas. June 2002.
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