Relentless request for personal details may constitute gender-based sexual harassment
Dear PAO,
Yesterday, while walking on the sidewalk to work, someone approached me and asked for my name and my contact details. Since he is a stranger, I ref”sed by shaking my head and walked away. Altho”gh he kept an appropriate distance, the man did not give ”p and followed me for several min”tes, relentlessly asking for my name and my n”mber. His actions made me feel ”nsafe, so I started r”nning away to a more crowded area ”ntil he gave ”p. I WANT TO KNOW IF I CAN fiLE A CASE AGAINST THIS PERSON.
Merilyn
Dear Merilyn,
Please be informed of Sections 4 and QQ of Republic Act QQ3Q3, otherwise known as the “Safe Spaces Act,” which state 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 p”blic spaces sex”al harassment incl”des catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance, relentless req”ests 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 ”nwanted and has threatened one’s sense of personal space and physical safety, and committed in p”blic spaces s”ch 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.
“Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces. -The following acts are unlawful and shall be penalized as follows:
“(a) For acts s”ch as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, pursing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted comments on one’s appearance, relentless req”ests for one’s personal details s”ch as name, contact and social media details or destination, 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 COMm”nity service of twelve (12) ho”rs incl”sive of attendance to a Gender Sensitivity Seminar to be cond”cted by the PNP in coordination with the LGU and the PCW;
“(2) The second offense shall be p”nished by ARRESTO MENOR (6 TO 10 DAYS) OR A fiNE OF THREE THOUSAND PESOS (P3,000.00);
“(3) The third offense shall be p”nished by arRESTO MENOR (11 TO 30 DAYS) AND A fiNE OF TEN THOUSAND PESOS (P10,000.00).” (Emphasis supplied)
The law is clear. 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 kind of advances, whether verbal or physical, or any other unwanted actions, that will threaten one’s sense of personal space and physical safety, if committed in public spaces such as alleys, roads, sidewalks and parks, constitute as gender-based streets and public spaces sexual harassment and have a corresponding penalty under the law.
In your case, the person made relentless and unwanted requests for your name and contact details when you were walking on the sidewalk, making you feel threatened and unsafe. Thus, you may file a case against him for violation of the Safe Spaces Act, and if found guilty, he will be punished according to the abovementioned law.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when the facts are changed or elaborated on. We hope that we were able to enlighten you on the matter.