November
24, 2016 - A legislative initiative to combat all forms of sexual harassment
has been put forward in the Senate, as Sen. Grace Poe filed a measure expanding
the definitions of criminal acts against women that would include those
committed with the use of technology and in public places and creating internal
mechanisms to address sexual harassment in the workplace and in educational
institutions.
Poe
filed Senate Bill No. 1254 or the proposed Expanded Anti-Sexual Harassment Act
of 2016 that seeks to repeal the old law—Republic Act (RA) No. 7877 or the
Philippine Anti-Sexual Harassment Act of 1995—which is limited in terms of
prosecuting sexual harassment, especially against women.
“Sexual
harassment is undoubtedly a pervasive barrier to the exercise of one’s sexual orientation
and gender identity or expression. The existing law has its limitations that
deter victims to report criminal and reprehensible acts. This proposal seeks to
correct those limitations and expand the definitions so this form of violence
against women is eliminated,” said Poe, who filed the measure as the world
observes the International Day for the Elimination of Violence against Women on
Nov. 25.
Poe
lamented that forms of sexual harassment—most commonly in public places—are not
covered under RA No. 7877 and are only prosecuted as Acts of Lasciviousness or
Unjust Vexation under the Revised Penal Code, where penalties to be meted out
are substantially less than the cost of actually filing a case.
Under
the proposed legislation, sexual harassment is defined as an unwelcome or
unwanted act or series of verbal and non-verbal acts and requests for sexual
favors, including those which are committed online or through the use of
computers or similar devices such as mobile phones, and tablets, which are
lewd or sexually suggestive, and are degrading, offensive or humiliating to
one’s dignity or sexual orientation, gender identity or expression, or creates
an intimidating, hostile, or offensive environment for the persons affected.
The
measure also provides for internal mechanisms that will address sexual
harassment in the workplace and in educational institutions that would
investigate and decide on complaints within 10 days, protect victims from
retaliation, and guarantee confidentiality.
Local
government units are likewise mandated to adopt anti-sexual harassment efforts
in their jurisdiction.
Jail
time ranging from six months up to nine years and fines of up to P100,000 are
imposed upon unlawful acts committed under the proposal.
In
2016, a survey conducted by the Social Weather Stations in Quezon City, which
has imposed strict penalties against harassment in public places, found that
women were the most vulnerable to sexual harassment, with three out of five
women having experienced such.
Further,
70 percent of said incidents were committed by total strangers and 58 percent
were experienced in public streets, roads, and narrow streets. Of the sampling
population of 400 female and 400 male residents, half of the women surveyed
said they had done nothing after the incident, while 20 percent of them were
overcome with fear.
“We
should empower women to fight sexual harassment on all fronts in protecting the
basic human rights of every Filipino citizen," Poe said.
Poe
filed the measure in response to growing concerns that the lack of established
mechanisms makes it easier for perverts to commit unlawful and immoral acts
against women in public places and with the aid of information and
communications technology. The proposal was patterned after several local
ordinances, including those of Quezon City and Davao City, Civil Service
Commission rules, and the Model Law on Sexual Harassment drafted jointly by the
Johns Hopkins University (JHU), JHU-School of Advanced International Studies,
and global human security organization The Protection Project. #
(By
Jong Cadion with PR)
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