On July 15, 2019, President Rodrigo Duterte signed into law the Safe Spaces

Act RA 11313. It addresses all forms of sexual harassment, recognizing that

both men and women must have equality, security, and safety not only in
private, but also on the streets, publc spaces, online, as well as in work places
and educational institutions.

One of the beneficial aspects of RA 11313 is how clearly defined the terms
are: Catcalling, for example, "refers to unwanted remarks directed
towards a paerson, commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist slurs." Another
prevalent issue, stalking, is described as "conduct directed at a person
involving the repeated visual or physical proximity, non-consensual
communication, or a combination thereof that cause or will likely
cause a person to fear for one's own safety or the safety of others, or to
suffer emotional distress."

It is also more inclusive. For instance, gender-based online sexual

harassment refers to online conduct that's targeted at a particular
person. Atty. Bravo added, "Hindi sinabing sa babae lang; hindi
sinabing lalaki lang. Covered lahat. Gender-sensitive siya so plus points
for that."

Gender-Based Streets and Public Spaces Sexual

Harassment
Crimes under Article 1 are committed through "any unwanted and uninvited
sexual actions or remarks against any person regardless of the motive for
committing such action or remarks." Atty Bravo said, "Hindi na defense yung
walang intention. Basically, [this was created] from the perspective of the
victim."

One of the most commendable sections is the inclusion of sexual

harassment that happens in privately owned spaces that are open to
the public, which includes restaurants, hotels, casinos, cinemas, and
more. According to Atty. Bravo, "[Privately owned places] are obliged
to provide assistance [when you report an incident]. It's not optional for
them. So kung may reklamo ka, puwede mo sila i-reklamo if they’re not
providing [assistance]. Kailangan [nilang] mag-coordinate with local
authorities kung may na-report na incident sa [kanila] and
kailangan hindi nila i-ho-hold yung CCTV footage." Under this law,
"kapag nag-report ka, even if wala pang court order, kailangan na
nilang i-preserve yung CCTV footage. Hindi nila puwedeng sabihin na
natabunan na."

This law also covers sexual harassment in public utility vehicles. And it's not
just the driver's fault. Atty. Bravo explained, "May provision na magkakaroon
ng breach of contract yung operator. 'Pag sinabi mong breach of
contract, ibig sabihin hindi porket driver mo yung gumawa, [tapos] ikaw
[lang] yung operator, ligtas ka na. Mayroon kang obligation kung hindi
maayos yung pagpili mo sa driver mo. Liable ka rin."
Pressure is also placed on local government units (LGUs) to enforce the
provisions under Article 1 of this Act. They are required to "pass an ordinance,
which shall localize the applicability of this Act within 60 days of its
effectivity." But why is this necessary if the Safe Spaces Act has been made
official? Atty. Bravo said that information dissemination is easier this way; plus,
LGUs can impose their own fines on top of what the law dictates.
First degree offenses include: "cursing, catcalling, wolf-whistling, leering and
intrusive gazing, taunting, unwanted invitations, misogynistic,
transphobic, homophobic, and sexist slurs, persistent unwanted
comments on one's appearance, relentless requests for personal details
such 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, transphobic statements and slurs, 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." As for the
penalties: P1,000-fine (first offense) + two-hour community service with
Gender Sensitivity Seminar; P3,000-fine (second offense) or six to 10
days in prison; or P10,000-fine (third offense) + 11 to 30 days in prison.
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For acts involving offensive body gestures, exposing of private parts, public
masturbation, groping, and similar lewd sexual actions, the penalties
are: P10,000-fine (first offense) + 12-hour community service with
Gender Sensitivity Seminar; P15,000-fine (second offense) or 11 to 30
days in prison; P20,000-fine (third offense) + one month and one day to
six months in prison.
Stalking, "when accompanied by pinching, touching, brushing against the
genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks,
or any part of the victim's body" is also subject to grave
penalties: P30,000-fine (first offense) + Gender Sensitivity Seminar or 11
to 30 days in prison; P50,000-fine (second offense) or one month and
one day to six months in prison; P100,000-fine (third offense) or prison in
its "maximum period."
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Gender-Based Online Sexual Harassment

Online sexual harassment covers "acts that use information and
communications technology in terrorizing and intimidating victims through
physical, psychological, and emotional threats, unwanted misogynistic,
transphobic, homophobic and sexist remarks and comments online whether
publicly or through direct and private messages." This includes "invasion of
the victim's privacy through cyberstalking and incessant messaging, uploading
and sharing without the consent of the victim, any form of media that contains
unauthorized recording and sharing of any of the victim's photos, videos, or any
information online, impersonating identities of victims online or posting lies about
the victims..." The fines for online sexual harassment are bigger, with the
minimum being P100,000 and the maximum, P500,000.
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