THE balance of power is surely slipping to tip the scales against sexual opportunists and predators.
Last Nov. 12, the House of Representatives approved House Bill (HB) No. 8244, which, if passed into law, will repeal the Anti-Sexual Harassment Act of 1995 (Republic Act [RA] No. 7877).
All 162 legislators approved unanimously on third and final reading the bill, which seeks to impose stiffer penalties for sexual harassment.
HB 8244 increases the fine of P10,000 to 20,000 mandated by RA 7877 to P50,000 to P200,000, while retaining the duration of imprisonment between one month and six months.
HB 8244 also imposes a penalty ranging from P20,000 to P50,000 for those violating the victim’s right of privacy while the sexual harassment case is undergoing investigation, prosecution, and trial.
RA 7877 declares as unlawful “all forms of sexual harassment in the employment, education or training environment.”
It also defines the perpetrator as a person who exercises “authority, influence or moral ascendancy” over an employee, student or apprentice.
It is also important to note that the coercion of sexual favors does not even have to be consummated. HB 8244 maintains this provision of RA 7877, stipulating that sexual harassment involves “any unwanted, unwelcome or inappropriate sexual advance, request or demand for sexual favor, regardless of whether the request or demand is accepted by the object of the sexual advances.”
Recently, three foreign candidates in the international Miss Earth contest held last Nov. 3 in Pasay City took to Instagram to complain that a longtime corporate sponsor sexually harassed them and other contestants.
In their posts, Emma Mae Sheedy of Guam, Jaime Yvonne VandenBerg of Canada, and Abbey-Anne Gyles-Brown of England also complained they did not receive from the contest organizer, Carousel Productions Inc., adequate safeguards to protect them or immediate assistance after they informed them of their complaints.
HB 8244 is also specific in explaining that the demand for sexual favor may be “an act, or series of acts, which may be committed physically, verbally, or visually or with the use of information and communications technology or any other means or technology within or outside of the place of employment, or a training or education environment”.
In October 2018, ABS-CBN News anchor and reporter Gretchen Fullido filed criminal charges against a former network producer and several newsroom colleagues, citing sexual harassment, libel and victim-shaming. Her complaint included text messages sent to her that allegedly communicated sexual innuendoes and demanded sexual favors as a prerequisite for advances in her career.
Fullido had earlier filed administrative charges of sexual harassment against the company executives. After conducting its investigation, the company dismissed the charges; one of the accused executives was dismissed for gross misconduct.
HB 8244 mandates that heads of companies, educational, and training institutions adopt a “comprehensive, detailed” written policy on sexual harassment, including a procedure for the investigation of sexual harassment cases and the formation of a Committee on Decorum and Investigation (CODI), which will receive and investigate the complaints.
While legal measures increasingly empower persons to resist, expose, and seek sanctions against abusive heads, a supportive context is needed to shield victims from the stigma of victim-blaming and bolster their tenacity to expose perpetrators and prevent the victimization of others.
Adding to the “intimidating, hostile or offensive environments” facing victims are traditional biases and entrenched power relations that discriminate against victims and privilege authorities.
Though it will take time, setting up these cultural and institutional support systems will uphold the dignity and rights of persons facing sexual harassment.