Duterte signs ‘bawal bastos’ act penalizing cat-calling, other forms of harassment

by Virgil Lopez/NB/LDF, GMA News, Jul 15, 2019

President Rodrigo Duterte has signed into law the measure penalizing wolf-whistling, cat-calling and other forms of harassment in public places due one’s sex, gender or sexual orientation.

A document showed Executive Secretary Salvador Medialdea transmitted the copy of Republic Act 11313 or the Safe Spaces Act—the law defining gender-based sexual harassment in streets, public places, online, workplaces and education or training institutions—on April 19.

It was received by the Presidential Legislative Liaison Office on Monday.

The measure was principally authored and sponsored in the Senate by Senator Risa Hontiveros.

Last May, Hontiveros said her proposed measure lapsed into law, which according to the Constitution happens if the President does not sign a bill within 30 days from receipt.

Punishable acts

The law penalizes “any unwanted and uninvited sexual actions or remarks against any person” in public spaces.

These actions include catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that are unwanted and threaten one’s sense of personal space and physical safety.

The specified acts may be punishable from community service of 12 hours up to 11 to 30 days imprisonment for the third offense.

Other unlawful acts, such as making offensive body gestures at someone, exposing private parts for the sexual gratification of the perpetrator, and stalking, to name some, may receive graver punishment of imprisonment of up to a month and one day and up to six months under the law.

Any person found guilty of gender-based online sexual harassment will be penalized with imprisonment or a fine of between P100,000 and P500,000 or both.

If the perpetrator is a juridical person, its license or franchise shall be automatically deemed revoked and the persons liable shall be its officers, including the editor or reporter in the case of print media, and the station manager, editor and broadcaster in the case of broadcast media.

A foreign national who commits gender-based online sexual harassment shall be subject to deportation proceedings after serving sentence and payment of fines.

Hontiveros said last May that the law also covers those who make rape jokes.

Duterte has repeatedly drawn the ire of women’s rights groups and some lawmakers for his treatment of women, especially when he jokes about rape.

But Malacañang said Duterte made mischievous remarks to make people laugh and that people have been used to his jokes.

The Philippine Commission on Women, in coordination with other agencies, has 90 days from the law’s effectivity to craft the implementing rules and regulations. —