Dear PAO,
Last week, while I was walking alone along Timog Avenue, Quezon City, a man who was seated alone on a bench whistled at me, called my attention, and said, while staring at my chest, “Miss sexy, that is gorgeously big and heavy.” As I walked past him, I was astounded when he suddenly exposed his private part to me. Can I file a case against this person?
Kaye Danica
Dear Kaye Danica,
Yes, you can file a case against him for violating Republic Act (RA) 11313 or the Safe Spaces Act. Section 4 of the said Act provides that:
“Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. – The crimes of gender-based streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.
“Gender-based streets and public spaces sexual harassment includes 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, statement of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based streets and public spaces sexual harassment are those performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.”
Sections 11(a) and 11(b) thereof also provide for a penalty for violating the said provisions of the law, thus:
“Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces. Xxx.
“(a) For acts such as … catcalling, leering and intrusive gazing, taunting, … and sexist slurs, persistent unwanted comments on one’s appearance, … the use of words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands, and any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety —
“(1) The first offense shall be punished by a fine of One thousand pesos (P1,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the LGU and the PCW;
“(2) The second offense shall be punished by arresto menor (6 to 10 days) or a fine of Three thousand pesos (P3,000.00);
“(3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten thousand pesos (P10,000.00).
“(b) For acts such as making offensive body gestures at someone, and exposing private parts for the sexual gratification of the perpetrator with the effect of demeaning, harassing, threatening or intimidating the offended party including flashing of private parts, public masturbation, groping, and similar lewd sexual actions —
“(1) The first offense shall be punished by a fine of Ten thousand pesos (P10,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW;
“(2) The second offense shall be punished by arresto menor (11 to 30 days) or a fine of Fifteen thousand pesos (P15,000.00);
“(3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months) and a fine of Twenty thousand pesos (P20,000.00).” x x x
Based on these provisions, the acts of that person in catcalling or in addressing to you the remarks, “Miss sexy, that is gorgeously big and heavy,” and showing his private part to you in a public place may constitute Gender-Based Streets and Public Spaces Sexual Harassment as defined and penalized by the above-cited provisions of the “Safe Spaces Act.” Hence, you may file a case against this person for violating the said law.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
