ACKNOWLEDGING both men and women's "equality, security, and safety," President Rodrigo Duterte has signed into law a measure imposing heftier penalties on gender-based sexual harassment.
Under Republic Act (RA) 11313 or the Safe Spaces Act inked by Duterte on April 17, gender-based streets and public spaces sexual harassment is committed through "any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks."
The bill's main author, opposition Senator Risa Hontiveros, has called the law a "massive victory" against a growing culture of rude sexist actions.
"This is a big victory and a major push back against the growing 'rude culture' in our streets and communities," Hontiveros said. "With this law, we will reclaim our streets from sexual harassers and gender bigots and make public spaces safe for all."
The law prohibits "catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person's appearance, relentless requests for personal details, and statement of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical."
The mentioned acts of sexual harassment are punishable under RA 11313 as these are "unwanted" and have "threatened" one's sense of personal space and physical safety, and committed in public spaces.
A person who utters words or makes gestures that threaten another person's sense of personal safety will have to face a fine of up to P10,000 and imprisonment of up to one month.
A fine of up to P20,000 and imprisonment of up to six months will be imposed against any person who makes offensive body gestures at someone and exposes private parts for the sexual gratification.
A person who commits an act of stalking accompanied by touching against the body of an offended person will be arrested for more than six months and have to pay a fine of up to P100,000.
For gender-based online sexual harassment, the Philippine National Police Anti-Cybercrime Group (PNPACG) is mandated to receive complaints, develop an online mechanism for a real-time reporting of the offense, and apprehend perpetrators.
Gender-based online sexual harassment includes acts that use information and communications technology in "terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online, whether publicly or through direct and private messages."
It also includes "invasion of victim's privacy through cyber-stalking and incessant messaging, uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any unauthorized recording and sharing of any of the victim's photos, videos, or any information online."
Also considered as punishable acts online are "impersonating identities of victims online or posting lies about victims to harm their reputation, or filing false abuse reports to online platforms to silence victims."
An individual guilty of any gender-based online sexual harassment will be sent to jail for up to six years and have to pay a fine of up to P500,000.
RA 11313 also forbids sexual harassment in the workplace and in education and training institutions.
Employers and school heads who fail to stop sexual harassment will be penalized with a fine of up to P15,000.
A minor who will commit sexual harassment will have to face disciplinary sanctions imposed by the Department of Social Welfare and Development (DSWD).
A victim of gender-based, public spaces or online sexual harassment may avail himself/herself of appropriate remedies such as psychological counseling services with the aid of the local government unit and the DSWD.
A copy of the new law was released by the Palace just on Tuesday, July 16. (With AP/SunStar Philippines)