By Argyll Geducos President Duterte has signed the law penalizing acts of gender-based sexual harassment in public spaces and online venues such as catcalling, sexual slurs, and unwanted invitations, among others. President Rodrigo Roa Duterte (TOTO LOZANO / PRESIDENTIAL PHOTO / MANILA BULLETIN) Under Republic Act No. 11313 or the “Safe Spaces Act,” signed by Duterte on April 17, the State recognizes the role of women in nation-building and ensure the fundamental equality before the law of women and men. "The state also recognizes that both men and women must have equality, security, and safety not only in private, but also on the streets, public spaces, online, workplaces, and educational and training institutions," it said. Public spaces Based on the new law, acts considered as gender-based street and public spaces sexual harassment are committed through unwanted and uninvited sexual actions or remarks against any person, regardless of the motive. These acts include catcalling, wolf-whistling; and 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 unwanted advances are also considered as gender-based street and public spaces sexual harassment. Online venues Meanwhile, gender-based online sexual harassment includes the use information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats; and unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online. The law also lists down cyberstalking and incessant messaging; unauthorized uploading and sharing of any photos, videos or information; posing as the victims online to harm their reputation, or filing false abuse on online platforms to silence victims. Sexual harassment in the workplace Based on the law, gender-based sexual harassment in the workplace include unwanted sexual advances; requests or demands for sexual nature, whether done verbally, physically or through the use of technology. Penalties Those found guilty of cursing, wolf-whistling, catcalling, intrusive gazing, taunting, making unwanted invitations, and making sexist slurs, are penalized with P1,000 fine, 12 hours of community service, and attendance to a gender sensitivity seminar. The second offense is punishable with six to 10 days imprisonment or a fine of P3,000, while the third offense is punishable with 11 to 30 days imprisonment and a fine of P10,000. Those found making offensive body gestures and exposing private parts, public masturbation, groping and similar lewd actions, will be slapped with a P10,000 fine, 12 hours of community service, and attendance to a gender sensitivity seminar. The second offense is punishable with 11 to 30 days imprisonment and a P15,000 fine, while the third offense is punishable with imprisonment ranging from one month and one day to six months, plus a P20,000 fine. Meanwhile, acts such as stalking, and brushing against any part of the victim's body are punishable with a P30,000 fine and 11 to 30 days of imprisonment for the first offense, as well as attendance to a gender sensitivity seminar. The second offense is punishable with a P50,000 fine and imprisonment of one month and one day to six months, while the third offense is punishable with a P100,000 fine. For gender-based online sexual harassment, the penalty of prision correcional in its medium period or a fine ranging from P100,000 to P500,000 will be imposed on any person found guilty of the mentioned acts. Higher penalty Based on the law, the higher degree of penalty will be applied if the gender-based sexual harassment takes place in a public utility vehicle where the perpetrator is the driver and the victim is a passenger. The same is applied If the offended party is a minor, a senior citizen, a person with a disability, a breastfeeding mother, or a person diagnosed with a mental disorder. Member of the police, military who committed the crime while in uniform will also be slapped with the higher degree of the said penalties. The same is applied if the act took place in a government agency and the perpetrator is a government employee. Meanwhile, the Land Transportation Office (LTO) may cancel the license of perpetrators found guilty of committing sexual harassment in public utility vehicles, while the Land Transportation Franchising and Regulatory Board (LITFRB) may suspend or revoke the franchise of operators who commit such acts. The law also required employers to post a copy of the new law in the workplace and provide measures to prevent gender-based sexual harassment such as anti-sexual harassment seminars. They are also compelled to probe and address complaints of gender-based sexual harassment; among others. Employers who fail to fulfill their duties under the law will face fines ranging from P5,000 to P15,000. Academe Meanwhile, academic institutions are required to adopt grievance procedures to facilitate the filing of complaints by students and faculty members and create an internal investigation mechanism headed by a woman. Educational institutions who fail to act on cases of gender-based sexual harassment or fulfill their duties may be slapped with a fine from P5,000 to P15,000. Minor students found guilty of gender-based sexual harassment will be only held liable for administrative sanctions by the school as stated in the school handbook.