Safe Space law provides stronger protection vs sexual harassment acts

Ernesto Almocera Jr. | Irene R. Sino Cruz

CEBU CITY, Philippines– Catcalling, stalking and cyber stalking are among those cited in Republic Act No. 11313 or the Safe Spaces Act as gender-based sexual harassment acts committed in streets, public spaces, online, workplaces and in educational or training institutions.

Violation of the law may be penalized with an imprisonment of 11 days to six months and/or a fine of ranging from P30, 000 to P100,000.

Provisions of the law’s  draft Implementing Rules and Regulation (IRR)  was the focus of the discussions during a public consultation organized by the Philippine Commission on Women (PCW) and Plan International Philippines on Tuesday afternoon, September 24, in a hotel in Cebu City.

“We’re doing the public consultations to get the comments/feedback of the public, especially the local government units, the DILG (Department of Interior and Local Government), the DSWD (Department of Social Welfare and Development),” said Ernesto Almocera Jr., Plan International Philippines communication and advocacy manager.

Republic Act No. 11313 or the Safe Spaces Act defines catcalling as unwanted remarks directed towards a person commonly done in the form of wolf-whistling. It also refers to misogynistic, transphobic, homophobic, and sexist slurs.

A misogynist refers to man who hates women or who believe men are better than women. A transphobic has or shows dislike of or prejudice against transgender people. On the other hand, a person is homophobic if he or she has or shows negative attitudes and feelings toward homosexuality or people who are identified or perceived as being lesbian, gay, bisexual or transgender (LGBT).

The Safe Spaces Act was signed into law on April 17, 2019 and took effect on August 3, 2019. The landmark legislation seeks to prevent gender-based sexual harassment in the streets, in public places, in public utility vehicles, online, at the workplace and in training institutions.

The law also required the drafting of the law’s implementing rules and regulations (IRR), 90 days from its effectivity by concerned implementing agencies.

Aside from catcalling, stalking and cyberstalking, other acts considered as sexual harassment crimes in streets and public spaces include cursing, leering, intrusive gazing, taunting, unwanted invitations and persistent unwanted comments on one’s appearance.

The law also considers the following as sexual harassment crimes:

– Relentless requests for personal details such as names, contact and social media details or destination;

– The use of words, gestures or actions that ridicule on the basis of sex, gender and sexual orientation;

– Persistent telling of sexual jokes and any comments that has made an invasion on a person’s personal space or threatens a person’s sense of personal safety.

The gender-based online sexual harassment acts include the following:

– Use of information and communications technology in terrorizing and intimidating victims through physical, psychological and emotional threats online either publicly or through direct and private messages;

– Incessant messaging, uploading and sharing without 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;

– Impersonating victims online or posting lies about victims to harm their reputation; and

– Filing false abuse reports to online platforms to silence victims.

The local units of the Philippine National Police and the PNP Women and Children’s Protection Desk have the authority to arrest perpetrators and enforce the provisions of the law pertaining to gender-based sexual harassment in streets and public spaces.

However, they need to first undergo prior gender sensitivity training.

The law also mandates that the local government units have the primary responsibility in enforcing the provisions under Article of the Safe Spaces Act. It also requires the LGU to pass an ordinance to localize the application of the law within 60 days of its effectivity or before October 3, 2019.

According to Almocera, they wanted to gather feedback on the draft of IRR so it would be more detailed before it would be signed in October or November.

Although the IRR has yet to be finalized and signed, he clarified that some of the law’s provisions could still be implemented.

“The purpose ng IRR is to thresh out a few detailed rule and regulations that could help further the implementation of the law,” Almocera said.

The penalties for sexual harassment crimes in the streets and public places are as follows:

– Aresto menor (11 to 30 days imprisonment or a fine of P30,000 for the first offense;

– Aresto mayor (one month and one day to six months) imprisonment or P50,000 fine; and,

– Aresto mayor in its maximum period or a fine of P100,000.

For gender-based online sexual harassment, a penalty of prison correctional (six months and one day to six years) in its medium period or a fine of not less than P100,000 but not more than P500,000 or both at the discretion of court will be imposed on the perpetrator. / dcb