A good number of netizens accept Duterte's explanation that whistling at a woman is covered by freedom of expression. Others are certain that Duterte violated Davao City's ordinance prohibiting catcalling women.
What constitutes sexual harassment? Where do you draw the line?
What is sexual harassment?
In Section 3, Republic Act 7877, or the Anti-Sexual Harassment Act of 1995, classifies sexual harassment as:
Work-related or in employment environment
This is committed when a person demands, requests, or requires sexual favors from another person in exchange for another thing such as hiring for employment, re-employment, or continued employment, granting favorable compensation, terms of conditions, promotions, or privileges.
Refusal to accept sexual favors would mean discrimination or deprivation of employment opportunities.
It is also sexual harassment if the sexual favors would result to abuse of rights under the labor law and and an environment that is intimidating, hostile, or offensive for the victim.
This may be committed by an "employer, employee, manager, supervisor, agent of the employer, any other person who, having authority, influence or moral ascendancy over another in a work environment, demands, requests or otherwise requires any sexual favor from the other."
In education or training environment
This is committed when a person demands, requests, or requires sexual favors from a student in exchange for “giving a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges and considerations.”
Just the same, if the sexual favors would result to an “intimidating, hostile or offensive environment for the student, trainee, or apprentice,” they are also considered sexual harassment.
This may be committed by a "teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence, or moral ascendancy over another...demands, requests, or otherwise requires any sexual favor from the other."
Forms of sexual harassment
Under the Civil Service Commission Resolution Number 01-0940, a set of administrative rules for government employees, forms of sexual harassment include:
Meanwhile, the Women’s Development Code of Davao City, which Duterte himself signed as mayor, aims to protect the rights of women by punishing those who committ sexual harassment, among other things.
Under Section 3 of the ordinance, "unwelcome sexual advances, requests for sexual favors, or other verbal or physical behavior of a sexual nature, made directly, indirectly or impliedly" can be considered sexual harassment.
The following are considered forms of sexual harassment:
Street harassment is among the most common forms of sexual harassment. (READ: The streets that haunt Filipino women)
Street harassment can happen in public places, such as in and around public transportation, public washrooms, church, internet shops, parks, stores and malls, school grounds, terminals, and waiting sheds.
Women are most vulnerable
Have you ever walked down the street and experienced verbal, physical, or sexual harassment?
The Anti-Violence Against Women and Their Children Act, also known as Republic Act 9262, also considers sexual harassment as a form of violence against women.
Section 3 of the law says that sexual violence refers to “rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks.”
A 2016 study conducted by the Social Weather Stations found that women are most vulnerable to sexual harassment.
In Quezon City, Metro Manila’s biggest city with a population of over 3 million, 3 in 5 women were sexually harassed at least once in their lifetime, according to the report. In barangays Payatas and Bagong Silangan, 88% of respondents ages 18 to 24 experienced street harassment at least once.
In the Philippines, 58% of incidents of sexual harassment happen on the streets, major roads, and eskinitas (alleys). Physical forms of sexual harassment occur mostly in public transport.
Sexual harassment can be punished under Republic Act 7877, or the Anti-Sexual Harassment Act of 1995, and the provisions of the Revised Penal Code on Acts of Lasciviousness.
RA 7877 penalizes sexual harassment with imprisonment of 1 to 6 months, a fine of P10,000 to P20,000, or both. Acts of lasciviousness, on the other hand, would mean imprisonment under the Revised Penal Code. – Rappler.com