‘Bawal bastos’

Dear Atty. Joji,

My sister was catcalled while walking to school. The person walked beside her and continued to speak to her despite her reluctance and attempts to avoid him. At one point, she was touched on her shoulders. As a result of this incident, my sister was traumatized. Can a case be filed against the person?

Cyril

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Dear Cyril,

The Republic Act 11313 or The Safe Spaces Act (Bawal Bastos Law) covers all forms of gender-based sexual harassment (GBSH) committed in public spaces, educational or training institutions, workplace and online space.

Article I, Section 4 of the Safe Spaces Act Provides:

“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 public spaces sexual harassment includes 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 advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and committed in public spaces such 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 of the same law provides for the punishment and penalties of the commitment thereof. In this case, since your sister was harassed and traumatized, she can file a complaint against the person who committed the act. The Safe Spaces Act penalizes such behavior to ensure public spaces are free from sexual harassment. You may report the incident to the local barangay, the police, or directly to the local government unit handling gender-based harassment cases.

Hope this helps.

Atty. Joji Alonso