sexual harassment in the philippines research paper

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Victim Blaming Culture in the Philippines: A Hindering Factor to the Unresolved Battles of Sexual Abused Individuals

Sexual Abused victim-survivors are often met with a barrage of questions after coming forward. Famously, “what were you wearing?” is one of them (Ramos, 2021). Many of the Sexual Abused Victims were afraid of coming forward as they fear of being re-victimized by the Victim Blaming Culture. Through this study, the researchers explore the experiences and struggles of sexually abused individuals towards the victim blaming culture to determine the assumption of the researchers that the victim blaming culture is one factor in the unresolved battles of Sexual Abused Individuals. The researchers used qualitative research with open-ended questions through Google Form as the main instrument to gather data from five chosen informants around the Philippines. Within the study, there were three research questions formed. The first problem is to determine how the Victim Blaming Culture manifests in the lives of Filipino people. The second problem was how Victim Blaming Culture hampers the progress of the Sexual Abuse cases in the Philippines. The last problem aimed to know the deep emotions and mental struggles the Victims of Sexual Abuse have encountered after becoming a victim of Victim Blaming. The researchers have made use of coding to interpret the statements of the informants. Results show that victim blaming culture is a hindering factor to the unresolved battles of Sexual Abuse Victims. It made them build a social barrier to distance themselves from society and undergo mental struggles. With this said, it was recommended for the Government to exert efforts to solve this issue to prevent victims from encountering victim blaming culture. Keywords: Victim Blaming Culture, Sexual Abuse, Social Barrier, Mental Struggles

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Karen Quing

Correspondence *Corresponding Author. Email: [email protected] Abstract Sexual violence is a catastrophic phenomenon that most women encounter worldwide. However, the stigma surrounding the victims of sexual violence often leads to a culture of silence, causing the number of such cases to be underreported, leading to limited sexual violence-related studies. With this, the goal of this study is to contribute additional information on the experiences of Filipino victims with sexual violence, its impacts, and their coping mechanisms. Ten Filipino women, who were victims of sexual violence, were interviewed in this study. Thematic analysis was used to analyze the gathered data. Themes on their experiences, the effects of sexual violence, and their coping mechanisms were formulated and presented in this study. The study showed that the most common type of sexual violence experienced by the participants was rape. They also reported feelings of fear during and after the abuse. Feelings of...

University of Birmingham

Dr Jessica Taylor

Victim blaming and self-blame are common experiences for women who have been subjected to sexual violence (Gravelin, Beirnat & Bucher, 2019). This thesis employs a comprehensive mixed-methods approach from a critical realist feminist epistemology. Chapter one introduces victim blaming and self-blame of women, including rationale for the language and terminology used in this thesis. Chapter two presents a review of the literature of victim blaming of women and chapter three sets out the methodology of the thesis. Chapter four presents the exploration and initial development of a new measure of victim Blaming of Women Subjected to Sexual Violence and Abuse (BOWSVA Scale). Chapter five and six present two qualitative studies exploring the language used to construct the victim blaming and self-blame of women, the first study from the perspective of women subjected to sexual violence and the second from the perspective of professionals who work in sexual violence support. The three studies result in a final discussion proposing a new integrated model of victim blaming of women and further findings about the victim blaming of women in society, self-blame of women after sexual violence and the way language constructs the blame of women.

Proceedings of the Asia-Pacific Research in Social Sciences and Humanities Universitas Indonesia Conference (APRISH 2019)

Prof. Billy Sarwono

MD GOLAM AZAM

Rape is being alarming condition in Bangladesh day by day. It is the most common and vicious form of violence against woman in Bangladesh. Rape culture and the practice of victim blaming are inherently linked phenomena, the existence of a rape culture which normalizes sexual violence and blames rape victims for the attacks against them create cultural violence in Bangladesh. Along with the trauma experienced by rape victims due to their assault, many victims also suffer secondary victimization due to the negative reactions of those around them. Among these negative reactions, perhaps the most damaging is the tendency to blame victims for their assault, particularly in cases of acquaintance rape. The current research explores the role of rape culture coverage in promoting a victim blaming culture in the Bangladesh. In Study, I review the literature related to rape and rape culture in order to identify factors and influences contributing to rape-supportive beliefs and behaviors in society at large, including the ways in which women’s lives are impacted by the constant threat of rape and how male socialization contributes to and normalizes this threat. Then I try to explore about factors of rape culture in Bangladesh society based on discourse and content analyses of online comments on report related to rape and rape cultures. The study also emphasis on victim of the rape, blaming the victims, denial of gender aspects violence, denial of rape culture, anti- feminism etc. In Study, I demonstrated that people’s victim blaming tendencies by analysis of comments on social media. Specifically, following exposure to rape related news, participants were more likely to blame the victim of an unrelated case of sexual assault, and to endorse rape myths. The findings of this research demonstrate public perception of rape victims, particularly victims of acquaintance rape. In this study, I also demonstrated about the relation between rape culture and cultural violence. I try to prove here existing rape culture contribute in cultural violence by the increase of sexual assaults, victim blaming, dehumanization of women.

Rajagiri Journal of Social Sciences

Simply because she is a female the average Indian woman is likely to be variously a victim of feticide, infanticide, malnourishment, dowry, child marriage, maternal mortality, domestic servitude, prostitution, rape, honor killings and/or domestic violence. The stereo types of perception for the rape victims which are highly prevalent in a society like India prevent the rehabilitation of the victim back into society. Social workers are a part of the multidisciplinary team which works in a scenario both to prevent instances of rape and at the same time is responsible for the effective rehabilitation of the victims back into society. However, the prejudiced mindset of the social worker will affect the rehab services which are being provided to the victims and also to the perpetrators. It hence becomes mandatory to analyse social life to understand the prevalence of rape myth acceptance and victim blaming attitudes which are prevalent among social workers. This study compares the prevalence of rape myth acceptance and victim-blaming attitudes among male and female social work trainees. It was revealed that the female respondents have a slightly more negative attitude towards the victims as compared to the male respondents. The fact however remains that both male and female respondents were victim blaming and had rape myth acceptance attitudes. This in turn points to the prevalence of poor quality professional social services which adversely affect the rehabilitation of the rape victims.

Anuradha Parasar

Millennium Journal of Humanities and Social Sciences ISSN: 2708-8022 (ONLINE) 2708-8014 (PRINT)

Gender discrimination against women is a prevalent issue in Bangladesh, but sometimes it is concealed. Rape cases, also known as-sexual abuse‖ in many cultures, are a special insidious type of sexual harassment. In other contexts, when you are familiarizing with the lifestyle of women, as a social worker it is likely to see victims of sexual abuse due to a large number of abusive offenders. Global WHO figures suggest that about 1 in 3 (35%) of women around the world endure physical and sexually intimate relationships or non-partner sexual abuse during their lives. Domestic abuse is the most heinous form of violence. Approximately one third (30%) of all women who have a relationship comment on physical and sexual harassment witnessed by their intimate partner nationwide. This review investigates several peer-reviewed journals and articles that have been developed for the comprehensive understanding of domestic abuse as rape. Still, this issue of rape must be addressed within and outside the scope of domestic violence. More experiments are conducted with a focus for future studies. The major argument of this review is that while raped women are suffering from the permanent effects of psychological and emotional damage, the issue of rape is not the problem of women. It is squarely a man's problem. As a society, victim allegation is preached as a flame, but the issue is with ancestors and older generations' minds and opinions. On a conclusive note, strategies for rape prevention have been discussed. It is crucial to recognize and increasingly teach young children about the effects of sexual harassment and how traditions can be changed to avoid social stigma.

Istanbul University - DergiPark

Tutut Chusniyah

Natti Ronel , Prof. Jaishankar Karupannan , Moshe Bensimon

The following chapters are grouped in three sections: Justice for victims, issues of sexual victimization, and illustrated examples of victimization. The first section targets perception and the process of change in perception as they affect victimology and justice for victims. In Chapter One, Noach Milgram postulated that ideology is inherent in perception and critical in understanding the mind set of victims. Ideology, whether manifest or below awareness, contributes to the construction of perceptions and proactive and reactive behavior. Noach provides innovative and provocative illustrations of the power of ideology in his studies on battered women and victims of Palestinian terrorism. Uri Timor proposes in Chapter Two a different view by challenging the perceptions that underlie etributive punishment. Uri presents an alternative solution to the conflict between offender and victim that is based on Jewish theoretical formulations and restorative approaches. He advocates transferring at least partial responsibility for the offender-victim conflict to the prevailing social order; this recommendation is consistent with Jewish tradition attributing to the community some degree of responsibility for the transgressions that take place within its confines. Esther Shachaf-Friedman and Uri Timor present in Chapter Three, findings from a study of victims’ perceptions in family–group conferences with juvenile delinquents. Based on the analysis of these perceptions, Esthi and Uri suggest practical guidelines to prepare and implement restorative justice processes in victim-focused intervention. The same pragmatic victim-needs and rights approach was presented by Sharon Aharoni-Goldenberg and Yael Wilchek-Aviad in Chapter Four on restitution to victims of property offences. Victim-focused restitution is contrasted with the prevalent legal procedures applied to property offenders that do not help the direct victims, according to Sharon and Yael. In the fifth and final chapter in this section, K. Jaishankar, P. Madhava Soma Sundaram and Debarati Halder describe and discuss the position of the victim in ancient, medieval, British and modern India; the authors analyze the role of Malimath Committee in restoring the forgotten voices of crime victims in the Indian criminal justice system. Jai, Madhavan and Debarati illustrate the process of change that a developing society goes through when attempting to adopt the thought of modern victimology, and at the same time, to integrate it with ancient Indian wisdom. Sexual harm and offences usually leave distinctive mark on individuals who were sexually victimized. The sexual violation of intrapersonal intimacy calls for particular understanding and intervention. The second section addresses this issue specifically. Yifat Bitton offers in Chapter Six a feminist perception of the treatment of women victims of sexual violence in the justice system that is needed to prevent further victimization and to overcome the consequences of the initial victimization. Yifat calls for reorientation of tort litigation to enable women victims of sexual violence to reclaim the power that was brutally taken from them. Hadar Dancig-Rosenberg highlights the gap between therapeutic dialogue and legal dialogue in Chapter Seven and calls for accommodating existing judicial processes to the unique needs of sexual assault victims. Hadar suggests that while the adversarial system of judicial procedures is likely to remain, it must undergo reforms that will advance therapeutic goals in behalf of the victims. Inna Levy and Sarah Ben-David broadens in Chapter Eight the discussion on sexual victimization by focusing on a neglected group, the “innocent” bystanders. Reviewing theoretical and empirical literature, Inna and Sarah address the way bystanders are perceived and offer models of bystander blaming. In Chapter Nine, P. Madhava Soma Sundaram, K. Jaishankar and Megha Desai address sexual harassment in the modern work places in India. In their empirical pilot research, Madhavan, Jai and Megha describe the prevalence and characteristics of sexual harassment in a major Indian city, Mumbai. In the final chapter of this section, Chapter Ten, Sarah Ben-David and Ili Goldberg present the results of a study of male prisoners. Their study establishes the relationship of past traumatizing experiences in sexual offenders, their PTSD symptoms and drug dependency, and their own perpetration of sexual crimes. Sarah and Ili found that prisoners who were sexually abused in the past and who developed a cognitive avoidance style tended to become sexual offenders as adults, while those who developed drug dependency tend to exhibit non-specific criminal behavior. The third section of the book illustrates and analyses several examples of victimization. In an empirical research design, Avital Laufer and Mally Shechory investigated in Chapter Eleven distress levels in Israeli youth, 18 months after they were forced to leave their homes during the Israeli government mandated disengagement from the Gaza Strip. Avital and Mally found direct relationships between perception of the traumatic experience, feelings of alienation, and distress level. In Chapter Twelve, Nandini Rai presents a novel focus on known phenomena. She offers a socio-geographical analysis of the distribution of criminal victimization from the perspective of places with specific identities. Nandini asserts that reduced social interaction and a decline in mutual trust in the society make the places of interaction unsafe. In Chapter Thirteen, Ehud Bodner reviews the major factors in the etiology of suicide among soldiers and in the failure of professional authorities to provide help to soldiers at risk. Soldiers who attempt suicide may be perceived and consequently treated as disturbed youth who are trying to manipulate others rather than as victims of their own suffering. Ehud presents some practical suggestions for the prevention of suicidal behaviors in soldiers. K. Jaishankar, Megha Desai and P. Madhava Soma Sundaram target in Chapter Fourteen the stalking phenomenon in India and relate this form of victimization to a transformation in social-cultural perception of this phenomenon. Jai, Megha and Madhavan present results from a survey of college students that indicate patterns of repeated intrusions and harassment techniques. They document victim reluctance to report this behavior, and effects of stalking on the victims. In the closing chapter in this section, Chapter Fifteen, Brenda Geiger presents a qualitative research of domestically abused Druze women, a group whose voice is rarely heard. These women have to struggle on two fronts: (a) to content with their abusive spouses; and (b) to contend with the context-relevant ideology, norms and perceptions of their extended families. Their family attempts to force them to reconcile with the abusive spouse and to reconcile themselves to continued abuse. As Noach Milgram indicated in the opening chapter of this book, ideology may deny the natural human rights of victims. Brenda presents, however, an optimistic picture of the struggle of abused Druze women and their successful claim for rights and power.

Frontiers in Psychology

Juan M Rodríguez-díaz

Several studies have examined victim blaming in rape scenarios. However, there is limited research on the analysis of the perception of blame when two or more perpetrators are involved. The present article explores the perception of blame in cases involving rape based on the level of resistance shown by the victim and the presence of one or more perpetrators. A study was carried out involving 351 university students who responded to a survey after reading a hypothetical assault scenario. Six situations were established where the victim showed either low or high resistance, depending on whether the resistance was verbal or physical and verbal, and in the presence of one or two male perpetrators. It is expected that perpetrators are more culpable when acting in groups and that less resistance from the victim leads to greater attribution of blame. The results confirm that more blame is attributed to the perpetrators when they act in groups than when they act alone. Likewise, women cons...

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Philippine Legal Research

A Case Study on Gender-Based Sexual Harassment in the Promotion of the Safe Spaces Act in Negros Occidental

by: Ana Katrina Bianca W. Remoto and Garcela A. Villalobos (USLS, JD1)

“ If indeed gender-based harassment can ruin the lives of the victims, one therefore has to take a serious look at its negative impact and how the Local Government Units and responsible authorities make Negros Occidental a safe space for every constituent in each of the cities and municipalities. “

INTRODUCTION

Sexual harassment has become an epidemic in the workplace, in academic institutions, in public places, on social media platforms and anywhere or everywhere else across the globe. It is evident that there exist inequalities between men and women, the physically challenged or disabled and the LGBTQ+. Everyone regardless of age, gender, status and physical condition should be treated fairly. There should be no place for any kind of discrimination, harassment or violence in a truly democratic country.

More and more women, persons with disabilities, and members of the LGBTQ+ community are now part of the workforce and in the academe. Because of free tertiary education, more and more students, both male and female are pursuing their respective degrees. Hence, this vulnerable group of individuals are prone to experience and/or are experiencing sexual harassment as they work and learn.

Research shows that the sexual harassment, unsolicited attention and detrimental experiences these vulnerable groups have been subjected to have raised a great interest among legislators, women’s groups and interested parties, most especially with regard to the eventual impact the aforesaid discriminatory behaviors have ruined their personal and family relations, respective careers, educational ambitions and/or their lives as a whole.

Negros Occidental, one of the six (6) provinces in Region VI, is a beautiful province in the northwestern portion of Negros Island known as the sugar capital of the Philippines. It is a place where people from all walks of life can wander freely, work harmoniously, and live peacefully. It is gifted with peace-loving people, fertile soil, abundant seafoods, and booming industries. These are some of the reasons why entrepreneurs and companies from neighboring islands chose to open their businesses here. As a result, job opportunities abound the province, especially in its capital, Bacolod City. The establishment of business opportunities in the locality has offered challenging and rewarding jobs not only to men but also to women and the minority groups as well.

Recently, gender-based friendly companies are now proliferating in the country. According to the Inclusive Workplace Project as reported by the Business World, Accenture, Convergys, Shell Philippines, Avon, Burger King, Coca Cola and many others are among the long list of LGBT-friendly companies in the Philippines. These companies are operating in Negros Occidental and have created a supportive space for a number of women, the LGBTQ+ community, and persons with disabilities.

“Negrenses” are known to be sweet and amiable. Despite the goodness of majority of the inhabitants, some chose not to be. Harassment is still one of the lingering problems happening to anyone, at anytime and anywhere. It can possibly be done by anyone, such as politicians, radio hosts, employers, co-workers, teachers, classmates, bystanders, church workers, friends, relatives or other professionals, to name a few.

The Western University of Canada formulated policies and procedures on gender-based harassment and in their policy, they clearly defined gender-based harassment as a form of sexual harassment which involves any behavior that reinforces heteronormative gender roles such as making gender-related comments about a person’s appearance or mannerism, treating a person badly because they don’t fit stereotypic gender roles, bullying, and catcalling, among others.

Victims of gender-based harassment do not have the same coping mechanisms. Some take it too lightly, but others take it too seriously and can even bring total damage to one’s own life. If indeed gender-based harassment can ruin the lives of the victims, one therefore has to take a serious look at its negative impact and how the Local Government Units and responsible authorities make Negros Occidental a safe space for every constituent in each of the cities and municipalities.

REVIEW OF RELATED LITERATURE, LAWS AND STUDIES

Related Local Laws, Statutes and Jurisprudence

Republic Act No. 11313 is also known as the Safe Spaces Act. It is an act defining gender-based sexual harassment in streets, public spaces, online, workplaces, and educational or training institutions. This Act also  provides protective measures and prescribe penalties.

Enumerated below are excerpts of the different selected sections provided in the Safe Spaces Act:

Section 2. Declaration of Policies. -It is the policy of the State to value the dignity of every human person and guarantee full respect for human rights. It is likewise the policy of the State to recognize 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.

Section 3. Definition of Terms. -As used in this Act:

• Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of wolf- whistling and misogynistic, transphobic, homophobic, and sexist slurs;
• Employee refers to a person, who in exchange for remuneration, agrees to perform specified services for another person, whether natural or juridical, and whether private or public, who exercises fundamental control over the work, regardless of the term or duration of agreement: Provided, That for the purposes of this law, a person who is detailed to an entity under a subcontracting or secondment agreement shall be considered an employee;
• Employer refers to a person who exercises control over an employee: Provided, That for the purpose of this Act, the status or conditions of the latter’s employment or engagement shall be disregarded;
• Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations identifying the social behavior of men and women, and the relations between them;
• Gender-based online sexual harassment refers to an online conduct targeted at a particular person that causes or likely to cause another mental, emotional or psychological distress, and fear of personal safety, sexual harassment acts including unwanted sexual remarks and comments, threats, uploading or sharing of one’s photos without consent, video and audio recordings, cyberstalking and online identity theft;
• Gender identity and/or expression refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with physiological characteristics of the opposite sex in which case this person is considered transgender:
• Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility vehicles as well as private vehicles covered by app-based transport network services and other recreational spaces such as, but not limited to, cinema halls, theaters and spas; and
• Stalking refers to 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.

ARTICLE  I

GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT

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 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places Open to the Public. – Restaurants, bars, cinemas, malls, buildings and other privately-owned places open to the public shall adopt a zero-tolerance policy against gender-based streets and public spaces sexual harassment. These establishments are obliged to provide assistance to victims of gender-based sexual harassment by coordinating with local police authorities immediately after gender-based sexual harassment is reported, making CCTV footage available when ordered by the court, and providing a safe gender-sensitive environment to encourage victims to report gender- based sexual harassment at the first instance.

All restaurants, bars, cinemas and other places of recreation shall install in their business establishments clearly- visible warning signs against gender-based public spaces sexual harassment, including the anti-sexual harassment hotline number in bold letters, and shall designate at least one (1) anti-sexual harassment officer to receive gender- based sexual harassment complaints. Security guards in these places may be deputized to apprehend perpetrators caught in flagrante delicto and are required to immediately coordinate with local authorities.

Section 6. Gender-Based Sexual Harassment in Public Utility Vehicles. -In addition to the penalties in this Act, the Land Transportation Office (LTO) may cancel the license of perpetrators found to have committed acts constituting sexual harassment in public utility vehicles, and the Land Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the franchise of transportation operators who commit gender-based streets and public spaces sexual harassment acts. Gender-based sexual harassment in public utility vehicles (PUVs) where the perpetrator is the driver of the vehicle shall also constitute a breach of contract of carriage, for the purpose of creating a presumption of negligence on the part of the owner or operator of the vehicle in the selection and supervision of employees and rendering the owner or operator solidarity liable for the offenses of the employee.

Section 7. Gender-Based Sexual Harassment in Streets and Public Spaces Committed by Minors. -In case the offense is committed by a minor, the Department of Social Welfare and Development (DSWD) shall take necessary disciplinary measures as provided for under Republic Act No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006”.

ARTICLE  II

GENDER-BASED ONLINE SEXUAL HARASSMENT

Section 12. Gender-Based Online Sexual Harassment. -Gender-based online sexual harassment includes acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages, invasion of victim’s privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any 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 victims to harm their reputation, or filing, false abuse reports to online platforms to silence victims.

ARTICLE  III

QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES ONLINE SEXUAL HARASSMENT

Section 15. Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment. -The penalty next higher in degree will be applied in the following cases:

(a) If the act takes place in a common carrier or PUV, including, but not limited to, jeepneys, taxis, tricycles, or app-based transport network vehicle services, where the perpetrator is the driver of the vehicle and the offended party is a passenger;

(b) If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a breastfeeding mother nursing her child;

(c) If the offended party is diagnosed with a mental problem tending to impair consent;

(d) If the perpetrator is a member of the uniformed services, such as the PNP and the Armed Forces of the Philippines (AFP), and the act was perpetrated while the perpetrator was in uniform; and

(e) If the act takes place in the premises of a government agency offering frontline services to the public and the perpetrator is a government employee.

GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE

Section 16. Gender-Based Sexual Harassment in the Workplace. -The crime of gender-based sexual harassment in the workplace includes the following:

(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities;

(b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;

(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient: Provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and

(d) Information and communication system refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents.

Section 17. Duties of Employers. -Employers or other persons of authority, influence or moral ascendancy in a workplace shall have the duty to prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace. Towards this end, the employer or person of authority, influence or moral ascendancy shall:

(a) Disseminate or post in a conspicuous place a copy of this Act to all persons in the workplace;

(b) Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-sexual harassment seminars;

(c) Create an independent internal mechanism or a committee on decorum and investigation to investigate and address complaints of gender-based sexual harassment which shall:

• Adequately represent the management, the employees from the supervisory rank, the rank-and-file employees, and the union, if any;
• Designate a woman as its head and not less than half of its members should be women;
• Be composed of members who should be impartial and not connected or related to the alleged perpetrator;
• Investigate and decide on the complaints within ten (10) days or less upon receipt thereof;
• Observe due process;
• Protect the complainant from retaliation; and
• Guarantee confidentiality to the greatest extent possible;

(d) Provide and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy which shall:

• Expressly reiterate the prohibition on gender-based sexual harassment;
• Describe the procedures of the internal mechanism created under Section 17(c) of this Act; and
• Set administrative penalties.

Section 18. Duties of Employees and Co-Workers. -Employees and co-workers shall have the duty to:

(a) Refrain from committing acts of gender-based sexual harassment;

(b) Discourage the conduct of gander-based sexual harassment in the workplace;

(c) Provide emotional or social support to fellow employees, co-workers, colleagues or peers who are victims of gender-based sexual harassment; and

(d) Report acts of gender-based sexual harassment witnessed in the workplace.

Section 19. Liability of Employers .— In addition to liabilities for committing acts of gender-based sexual harassment, employers may also be held responsible for:

(a) Non-implementation of their duties under Section 17 of this Act, as provided in the penal provisions; or

(b) Not taking action on reported acts of gender-based sexual harassment committed in the workplace.

Section 20. Routine Inspection. -The Department of Labor and Employment (DOLE) for the private sector and the Civil Service Commission (CSC) for the public sector shall conduct yearly spontaneous inspections to ensure compliance of employers and employees with their obligations under this Act.

GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL AND TRAINING INSTITUTIONS

Section 21. Gender-Based Sexual Harassment in Educational and Training Institutions .— All schools, whether public or private, shall designate an officer-in-charge to receive complaints regarding violations of this Act, and shall, ensure that the victims are provided with a gender-sensitive environment that is both respectful to the victims’ needs and conducive to truth-telling.

Every school must adopt and publish grievance procedures to facilitate the filing of complaints by students and faculty members. Even if an individual does not want to file a complaint or does not request that the school take any action on behalf of a student or faculty member and school authorities have knowledge or reasonably know about a possible or impending act of gender-based sexual harassment or sexual violence, the school should promptly investigate to determine the veracity of such information or knowledge and the circumstances under which the act of gender-based sexual harassment or sexual violence were committed, and take appropriate steps to resolve the situation. If a school knows or reasonably should know about acts of gender-based sexual harassment or sexual violence being committed that creates a hostile environment, the school must take immediate action to eliminate the same acts, prevent their recurrence, and address their effects.

Once a perpetrator is found guilty, the educational institution may reserve the right to strip the diploma from the perpetrator or issue an expulsion order.

The Committee on Decorum and Investigation (CODI) of all educational institutions shall address gender-based sexual harassment and online sexual harassment in accordance with the rules and procedures contained in their CODI manual.

Section 22. Duties of School Heads. -School heads shall have the following duties:

(a) Disseminate or post a copy of this Act in a conspicuous place in the educational institution;

(b) Provide measures to prevent gender-based sexual harassment in educational institutions, like information campaigns;

(c) Create an independent internal mechanism or a CODI to investigate and address complaints of gender- based sexual harassment which shall

• Adequately represent the school administration, the trainers, instructors, professors or coaches and students or trainees, students and parents, as the case may be;
• Ensure equal representation of persons of diverse sexual orientation, identity and/or expression, in the CODI as far as practicable;
• Investigate and decide on complaints within ten (10) days or less upon receipt, thereof;
• Guarantee confidentiality to the greatest extent possible.

(d) Provide and disseminate, in consultation with all persons in the educational institution, a code of conduct or school policy which shall:

• Prescribe the procedures of the internal mechanism created under this Act; and

Section 23. Liability of School Heads .— In addition to liability for committing acts of gender-based sexual harassment, principals, school heads, teachers, instructors, professors, coaches, trainers, or any odier person who has authority, influence or moral ascendancy over another in an educational or training institution may also be held responsible for:

(a) Non-implementation of their duties under Section 22 of this Act, as provided in the penal provisions; or

(b) Failure to act on reported acts of gender-based sexual harassment committed in the educational institution. 

Section 24. Liability of Students .— Minor students who are found to have committed acts of gender-based sexual harassment shall only be held liable for administrative sanctions by the school as stated in their school handbook.

Section 25. Routine Inspection .— The Department of Education (DepEd), the Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA) shall conduct regular spontaneous inspections to ensure compliance of school heads with their obligations under this Act.

COMMON PROVISIONS

Section 26. Confidentiality .— At any stage of the investigation, prosecution and trial of an offense under this Act, the rights of the victim and the accused who is a minor shall be recognized.

Section 27. Restraining Order .— Where appropriate, the court, even before rendering a final decision, may issue an order directing the perpetrator to stay away from the offended person at a distance specified by the court, or to stay away from the residence, school, place of employment, or any specified place frequented by the offended person.

Section 28. Remedies and Psychological Counselling .— A victim of gender-based street, public spaces or online sexual harassment may avail of appropriate remedies as provided for under the law as well as psychological counselling services with the aid of the LGU and the DSWD, in coordination with the DOH and the PCW. Any fees to be charged in the course of a victim’s availment of such remedies or psychological counselling services shall be borne by the perpetrator.

Section 29. Administrative Sanctions .— Above penalties are without prejudice to any administrative sanctions that may be imposed if the perpetrator is a government employee.

Section 30. Imposition of Heavier Penalties .— Nothing in this Act shall prevent LGUs from coming up with ordinances that impose heavier penalties for the acts specified herein.

Section 31. Exemption s.— Acts that are legitimate expressions of indigenous culture and tradition, as well as breastfeeding in public shall not be penalized.

ARTICLE VII

FINAL PROVISIONS

Section 32. PNP Women and Children’s Desks .— The women and children’s desks now existing in all police stations shall act on and attend to all complaints covered under this Act. They shall coordinate with ASHE officers on the street, security guards in privately-owned spaces open to the public, and anti-sexual harassment officers in government and private offices or schools in the enforcement of the provisions of this Act.

Section 33. Educational Modules and Awareness Campaigns .— The PCW shall take the lead in a national campaign for the awareness of the law. The PCW shall work hand-in-hand with the DILG and duly accredited women’s groups to ensure all LGUs participate in a sustained information campaign and the DICT to ensure an online campaign that reaches a wide audience of Filipino internet-users. Campaign materials may include posters condemning different forms of gender-based sexual harassment, informing the public of penalties for committing gender-based sexual harassment, and infographics of hotline numbers of authorities.

All schools shall educate students from the elementary to tertiary level about the provisions of this Act and how they can report cases of gender-based streets, public spaces and online sexual harassment committed against them. School courses shall include age-appropriate educational modules against gender-based streets, public spaces and online sexual harassment which shall be developed by the DepEd, the CHED, the TESDA and the PCW.

Local Government Units are mandated to promote the general welfare of their constituents as prescribed by the Local Government Code of 1991 or R.A. No. 7160. Thus, the issuance of the Department of the Interior and Local Government (DILG) and the Philippine Commission on Women (PCW) Joint Memorandum (JMC) No. 2020-001 dated December 7, 2020 which was released to provide guidelines on the localization of the Safe Spaces Act and its Implementing Rules and Regulations, particularly the provisions on Gender-Based Sexual Harassment (GBHS) in streets and public spaces. The following are excerpts on the background of this said circular, its purpose, scope and coverage, definitions, policy content and guidelines, institutional arrangements and quote:

• 1 Since 1995, sexual harassment in the Philippines has been specifically prohibited under RA No. 7877, otherwise known as the “Anti-Sexual Harassment Act of 1995.” However, the definition of sexual harassment under this law was limited and covered only the acts committed in work, education, and training-related environments.  Further, it does not penalize the acts sexual harassment committed in many other spaces, such as on the streets, in restaurants and malls, public utility vehicles, and other public spaces.
• 2 The State values the dignity of every human person and guarantees full respect for human rights. It is likewise the policy of the state to recognize 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 spaces but also in public spaces.
• 3 Sexual harassment as a form of gender-based violence, seriously inhibits women’s ability to enjoy rights and freedom on a basis of equality with men. Sexual harassment in streets and public spaces will not be tolerated by the State as it violates the dignity and human right of a person.
• 4 The passage of RA No. 11313 otherwise known as the Safe Spaces Act (SSA) expands the law on sexual harassment in the country to cover all of its forms including verbal, non-verbal and physical. Further, it seeks to secure all persons, regardless of sex, sexual orientation, and gender identity and expression, from all kinds of gender-based violence and discrimination such as sexual harassment, not only in private spaces but also in public spaces.

This Joint Memorandum Circular (JMC) is hereby issued to provide guidelines on the localization of the Safe Spaces Act and its IRR, particularly the provisions on GBSH in streets and public spaces

3. SCOPE AND COVERAGE

This JMC shall cover all Provincial Governors, City and Municipal Mayors, Punong Barangays, Members of the Sangguniang Panlalawigan, Sangguniang Barangay, the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) Chief Minister, the BARMM Minister of Local Government Department of the Interior and Local Government (DILG) Regional Directors and Field Officers, and others concerned

4. DEFINITIONS

4.1 Anti-Sexual Harassment (ASH) Desk -a physical facility, managed by an ASH officer, where victim-survivors of sexual harassment can immediately go to seek assistance.

4.2 ASH Hotline – a communication link in which calls or reports of GBSH in streets and public spaces are directed to the service providers.

4.3 Community service consists of any actual physical activity which inculcates civic consciousness and is intended towards the improvement of a public work or promotion of a public service.

4.4 Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values, and expectations identifying the social behavior of men and women, and the relations between them.

4.5 Gender identity and/or expression refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with physiological characteristics of the opposite sex or may have been assigned a particular sex at birth but who identifies with the opposite sex or may have an identity that does not correspond to one’s sex assigned at birth or to one’s primary or secondary sex characteristics, in which case this person is considered transgender.

4.6 Gender-based streets and public spaces sexual harassment is an act committed in streets and public spaces through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.

4.7 Public spaces refer to streets and alleys, roads, sidewalks, public parks, buildings, schools, churches, public washrooms, malls, internet shops, restaurants and cafes, transportation terminals, public markets, spaces used as evacuation centers, government offices, common carriers, PUVs as well as private vehicles covered by app-based transport network services, other recreational spaces such as but not limited to, cinema halls, theaters and spas, bars and clubs, resorts and water parks, hotels and casinos, and all other areas, regardless of ownership, openly accessible or offered to be accessed by the public.

4.8 Safe space is a formal or informal place where a person feels comfortable, physically and emotionally safe, enjoy the freedom of self-expression without the fear of judgment or harm.

5. POLICY CONTENT AND GUIDELINES

This policy content and guidelines provide the details on the duties and responsibilities of LGUs on the localization of the Act.

5.1 Duties and responsibilities of Local Government Units

To ensure the effective implementation of the law, the provincial, city, municipal and barangay governments shall perform the following duties and responsibilities:

5.1.1 Provincial Government

5.1.1.1 Pass an ordinance in line with provisions stated in RA 11313 to prevent the occurrence of and efficiently and effectively respond to GBSH in streets and public spaces; and designate public spaces, regardless of ownership and nature as safe spaces against GBSH;

5.1.1.2 Disseminate or post in conspicuous places, official websites and social media pages, copies of the Safe Spaces Act and related ordinances;

5.1.1.3 Provide measures to prevent GBSH in educational and/or social institutions, such as information campaigns and anti-sexual harassment seminars;

5.1.1.4 Coordinate with the Philippine Commission on Women (PCW), the Department of Interior and Local Government (DILG), and the regional Committee on Anti-Trafficking  and Violence Against Women and their Children (RCAT-VAWC) for a sustained information campaign activities and provide assistance, when necessary, to component LGUs in the development of IEC materials, preferably translated in local dialect and conduct of awareness campaigns;

5.1.1.5 Engage with academic institutions and duly accredited/recognized women’s group and civil society organizations (CSOs), local media such as tv and radio stations in the conduct of advocacy campaign against GBSH in streets and public spaces;

5.1.1.6 Ensure compliance of component cities and municipalities with the law and its IRR, and this guidelines;

5.1.1.7 Provide technical and financial assistance to component LGUs in the implementation of programs, projects and activities related to awareness campaign against GBSH in streets and public spaces, capacity building of LGU personnel and the operationalization of ASH Desk and ASH Hotlines; and

5.1.1.8 Ensure the setting-up and maintenance of functional Closed-Circuit Television (CCTV) camera’s in major roads, alleys and sidewalks to aid in the filing of cases and gathering of evidence as well as in the prevention of GBSH in streets and public spaces.

5.1.2 City/Municipal Government

5.1.2.1 Pass an ordinance, in line with provisions stated in RA 11313, to prevent the occurrence of and efficiently and effectively respond to GBSH in streets and public spaces; and designate public spaces, regardless of ownership and nature, as safe spaces against GBSH;

5.1.2.2 Designate traffic enforcers and other local law enforcement units to be Anti-Sexual Harassment Enforcers (ASHEs) and ensure that they undergo Gender-Sensitive Training (GST) and orientation on the law;

5.1.2.3 Disseminate or post in conspicuous places, official websites and social pages, copies of the Safe Spaces Act and related ordinances;

5.1.2.4 Engage with academic institutions, civil society organizations (CSOs), local media such as tv and radio stations in the conduct of advocacy campaign against GBSH in streets and public spaces;

5.1.2.5 Develop, produce, and distribute IEC materials, preferably translated in local dialect, that raise awareness for and condemn gender-based sexual harassment, inform the public of the penalties for committing gender-based sexual harassment, and contain infographics on reporting and referral mechanisms and hotline numbers;

5.1.2.6 Set-up an Anti-Sexual Harassment (ASH) Desk at the city/municipal for the purpose of expediting the receipt and processing of complaints and reports of GBSH in streets and public spaces, and the same shall be strengthened;

5.1.2.7 Establish an ASH Desk Hotline to receive and respond to calls on GBSH in streets and public spaces;

5.1.2.8 Ensure the setting-up and maintenance of functional CCTV cameras in major roads, alleys and sidewalks in their respective areas to aid in the filing of cases and gathering of evidence as well as in the prevention of GBSH in streets and public spaces;

5.1.2.9 Ensure the establishment of ASH Desk in every barangay;

5.1.2.10 Organize an ASH Sub-committee under the Gender and Development Focal Point System (GADFPS) to supervise, support and coordinate the operations of the ASH Desk and Hotline;

5.1.2.11 Establish and Anti-Sexual Harassment (ASH) Referral Network to strengthen the coordination among public and private service providers in addressing the needs of victim-survivors of GBSH in streets and public spaces;

5.1.2.12 Provide training on the law for the punong barangays and members of the Lupong Tagapamayapa in cases covered by the Katarungang pambarangay system, for traffic enforces under their jurisdiction, and adopt training modules for concerned LGU personnel down to the barangay level; and

5.1.2.13 Provide technical and financial assistance in the implementation of programs, projects and activities related to the capacity development of LGU personnel on and awareness campaign against GBSH in streets and public spaces and the operationalization of ASH Desk and Hotline.

5.1.3 Barangay Government

5.1.3.1 Pass an ordinance, in line with provisions stated in RA 11313, to prevent the occurrence of and efficiently and effectively respond to GBSH in streets and public spaces; and designate public spaces regardless of ownership and nature as safe spaces against GBSH;

5.1.3.2 Designate barangay tanods, community brigades, and community service units to be the ASHEs;

5.1.3.3 Establish an ASH Desk for the purpose of expediting the receipt and processing of complaints and reports of sexual harassment. The Violence Against Women (VAW) Desk shall also serve as the ASH Desk;

5.1.3.4 Ensure the participation of ASHEs, ASH Desk Officer and members of the katarungang Pambarangay in gender-sensitivity training; orientation on the Safe Space Act, and protocols in responding to GBSH in streets and public spaces;

5.1.3.5 Distribute IEC materials developed by the city/municipality and other entities, that raise awareness for and condemn GBSH in streets and public spaces;

5.1.3.6 Create a mechanism for handling and documentation of complaints including those cases covered by the Katarungang Pambarangay system;

5.1.3.7 Establish an Anti-Sexual harassment (ASH) Referral Network to strengthen the coordination among public and private service providers in addressing the needs of victim-survivors of GBSH in streets and public spaces;

5.1.3.8 Ensure the setting-up and maintenance of functional CCTV cameras in major roads, alleys and sidewalks in their respective areas to aid in the filing of cases and gathering of evidence as well as in the prevention of GBSH in streets and public spaces;

5.2 Functions of Anti-sexual Harassment Enforcers (ASHEs):

5.2.1 The ASHE shall have the following functions:

5.2.1.1 Receive complaints on GBSH in streets and public spaces;

5.2.1.2 Immediately apprehend the perpetrator if caught in the act of committing the crime;

5.2.1.3 Immediately bring the perpetrator to the nearest police station for appropriate action; and

5.2.1.4 Together with the Women’s and Children’s Desk of the PNP stations, keep a ledger of perpetrators for the purpose of determining if the perpetrator is a first-time, second-time or third-time offender.

5.3 Establishment of Anti-Sexual harassment (ASH) Desk

5.3.1 Setting-up the ASH Desk

5.3.1.1 The local chief executive (LCE) shall designate an area in the city, municipality or barangay hall, as the case may be, where the ASH Desk may be set-up in such a way that the right to privacy of the victim-survivor is protected at all times;

5.3.1.2 It shall have the necessary furniture and fixtures, such as, but not limited to, table, chairs, and separate filing cabinet where the logbook and tools/equipment for documentation are stored

5.3.2 Designation of ASH Desk office r

5.3.2.1 The city/municipal mayor and punong barangay shall designate an ASH Desk officer, preferably a woman, who shall be directly in charge of the daily operations of the ASH Desk.

5.3.2.2 In barangays, the designated VAW Desk person shall serve as the ASH Desk officer. For this purpose, the VAW Desk person sha;; be trained on the forms of sexual harassment, as well as the functions and protocols in responding to GBSH in streets and public spaces.

5.3.3 Functions of the ASH Desk Officer

5.3.3.1 The ASH desk Officer shall have the following functions:

5.3.3.1.1 Receive, document and respond to complaints and reports of GBSH in streets and public spaces;

5.3.3.1.2 Facilitate the referral of cases and persons to the appropriate public and private service providers for further assistance such as legal, medical, psychological, safety, security, and other services;

5.3.3.1.3 Record the number cases of GBSH in streets and public spaces received and referred to other agencies, and submit a quarterly report to the DILG City/ Municipal Field Office and the City/Municipal Social Welfare and Development Office (C/MSWDO);

5.3.3.1.4 Keep case records confidential and secure, and ensure that only authorized personnel have access to these records;

5.3.3.1.5 Assist in the formulation/updating of policies, development of plans, programs, projects and activities; and educational and awareness campaigns to address GBSH in streets and public spaces;

5.3.3.1.6 Coordinate with pertinent agencies in monitoring the status of GBSH-related complaints and reports; and

5.3.3.1.7 Perform other related functions as may be assigned.

5.4 Conduct of Safety Audit

5.4.1 Provincial, City and Municipal Governments shall conduct safety audits on their responsibilities enumerated in Section 8 of the law and Section 9 of the IRR every three (3) years to assess the efficiency and effectivity of the implementation of the law with in their jurisdiction.

5.4.1.1 Provinces shall assess the cities and municipalities on the implementation of the law and its IRR; and

5.4.1.2 Cities and municipalities shall assess the barangays on the implementation of the law and its IRR.

5.5 Source of Funds

5.5.1 The implementation and localization of the Safe Spaces Act may be charged against the Gender and Development (GAD) budget or other sources of funds subject to the availability thereof and to the existing accounting and auditing rules and regulations.

6. INSTITUTIONAL ARRANGEMENTS

6.1 Philippine Commission on Women

6.1.1 Lead the national campaign for the awareness of the law.

6.1.2 Develop educational modules and materials for national awareness campaigns together with DILG, local Government Academy (LGA), Development Academy of the Philippines (DAP), and Commission on Human Rights (CHR) and in coordination with accredited/recognized CSOs actively working on the issues affecting women, children and LGBTQ community;

6.1.3 Coordinate with duly accredited authorized CSOs actively working on the issues affecting women, children and LGBTQ community to ensure the participation of all LGUs in a sustained information campaign ;

6.1.4 Provide training activities to build the capabilities of local government officials and functionaries in the implementation of the law, in partnership with DILG, LGA, DAP and CHR; and

6.1.5 Assist the DILG in the development of indicators that will guide the safety audits.

6.2 Department of the Interior and Local Government Central Office

6.2.1 Develop guidelines and mechanisms to ensure the effective implementation of and monitoring on the compliance of LGUs on the law and its IRR;

6.2.2 Assist PCW in the development of educational modules and IEC materials for national awareness campaigns and capacity-building activities;

6.2.3 Assist PCW in the conduct of awareness campaign and capacity-building activities to LGUs related to GBSH in streets and public spaces;

6.2.4 Develop guidelines and indicators for the conduct of safety audits; and

6.2.5 Ensure that all LGUs have set-up CCTVs in major roads, alleys and sidewalks in their respective areas to aid in the filing of cases and gathering of evidence .

6.3 Department of the Interior and Local Government Regional Office and Field Offices

6.3.1 Provide assistance in the conduct of awareness campaigns and capacity-building activities to LGUs;

6.3.2 Monitor and submit reports on LGU compliance with the law and its IRR and this guidelines;

6.3.3 Ensure widest dissemination of this guidelines; and

6.3.4 Assist the LGUs in the conduct of safety audits.

Republic Act No. 9262 otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 is an act enacted by the Senate and House of Representatives of the Philippine Congress Assembly which defines violence against women and their children, provides for protective measures for victims, prescribes penalties and for other purposes. Listed below are the fifty (50) sections of the said act quote and quote:

SECTION 2. Declaration of Policy .- It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms .- As used in this Act,

(a) “ Violence against women and their children ” refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. “ Physical Violence ” refers to acts that include bodily or physical harm;

B. “ Sexual violence ” refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:

a.) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser

b.) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;

c.) Prostituting the woman or child.

C. “ Psychological violence ” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

D. “ Economic abuse ” refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:

• withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
• deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
• destroying household property;
• controlling the victims’ own money or properties or solely controlling the conjugal money or properties.

(b) “ Battery ” refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.

(c) “ Battered Woman Syndrome ” refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) “ Stalking ” refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

(e) “ Dating relationship ” refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

(f) “ Sexual relations ” refers to a single sexual act which may or may not result in the bearing of a common child.

(g) “ Safe place or shelter ” refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.

(h) “ Children ” refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.

SECTION 4. Construction .- This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children .- The crime of violence against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:

• Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
• Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
• Depriving or threatening to deprive the woman or her child of a legal right;
• Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:

• Stalking or following the woman or her child in public or private places;
• Peering in the window or lingering outside the residence of the woman or her child;
• Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
• Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
• Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children.

SECTION 6. Penalties .- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue .- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders .- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner’s or respondent’s removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent’s employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders . – A petition for protection order may be filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children’s desks;

(f) Punong Barangay or Barangay Kagawad ;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order . – Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order . – The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders . – All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order . – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney’s Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. – Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders . – Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders . – The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:

“ VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW .”

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a protection order within the reglementary period specified in the previous section without justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases . – In cases of legal separation, where violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders . – A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO may be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children.

SECTION 23. Bond to Keep the Peace . – The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime . – Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense . – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/psychologists.

SECTION 27. Prohibited Defense . – Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not be a defense under this Act.

SECTION 28. Custody of children . – The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel . – Prosecutors and court personnel should observe the following duties when dealing with victims under this Act:

(a) communicate with the victim in a language understood by the woman or her child; and

(b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers . – Barangay officials and law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangay or the courts;

(g) arrest the suspected perpetrator without a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, Social Welfare Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim’s physical, emotional or psychological injuries;

(b) properly record any of victim’s suspicions, observations and circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU’s to ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;

(c) to be entitled to support services form the DSWD and LGUs’;

(d) to be entitled to all legal remedies and support as provided for under the Family Code; and

(e) to be informed of their rights and the services available to them including their right to apply for a protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their children, hereinafter known as the Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR):

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU’s shall provide the victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with:

(a) the nature, extend and causes of violence against women and their children;

(b) the legal rights of, and remedies available to, victims of violence against women and their children;

(c) the services and facilities available to victims or survivors;

(d) the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

(e) techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU’s shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter’s consent, shall be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU’s shall be used to implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation.

Republic Act 7877 is known as the Anti-Sexual Harassment Act of 1995. Section 2 of the said Republic Act is the declaration of policy which states that the state shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. The act further said that all forms of harassment in the employment, education or training environment are hereby declared unlawful. Section 3 of the same act defined work, education or training-related sexual harassment as one that is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, have authority, influence or moral ascendancy over another in  a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. Section 3 has sub-sections enumerated as follows:

(a) In a work-related or employment environment, sexual harassment is committed when:

• The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges, or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect the said employee;
• The above acts would impair the employee’s rights or privileges under existing labor laws; or
• The above acts would result in an intimidating, hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual harassment is committed:

• Against one who is under the care, custody or supervision of the offender;
• Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
• When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowances, or other benefits, privileges, or considerations, or
• When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

According to the abovementioned Act, any person who directs or induces to commit any act of sexual harassment as defined in the said Act, or who cooperated in the commissions thereof by another without which it could not have been committed, shall also be held liable.

The enumerated circumstances in Section 3a and 3b are expanded to also make liable any person who directs or induces another to commit any act of sexual harassment as defined, or any person who cooperates in the commission thereof by another without which it would not have been committed.

The Act imposes the duty to prevent and deter the commission of acts of sexual harassment to the employer or head of office in a work-related, education or training environment. First, it mandates the promulgation of appropriate rules and regulations prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions which is created in consultation with and jointly approved by employees or students or trainees through their representatives. It noted that administrative sanctions shall not bar prosecution in proper courts for unlawful acts of sexual harassment. Second, it mandates the creation of a committee on decorum and investigation of cases on sexual harassment. This committee shall conduct meetings to increase understanding to the end that incidents of sexual harassment are prevented.

As for work-related environment cases, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the supervisory level employees, and from the rank and file. As for educational or training institutions, the committee shall be composed of at least one (1) representative coming from the administration, the trainers, instructors, professors, or coaches and students or trainees.

It follows that the employer or head of office, to whom this duty is imposed, shall disseminate, or post a copy of this Act for the information of all concerned. Failure to take immediate action upon information of the offended party on the incidence of sexual harassment act/s in the employment, education or training environment shall make the employer or head of office solidarily liable for damages arising from such acts. Moreover, Section 6 provides that the victim must not be precluded from instituting a separate and independent action for damages and other affirmative relief.

Section 7 of this Act also discusses the penalties that shall be imposed to any person who violates this Act. Violators will be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than P 10,000 pesos nor more than 20,000 or both at the discretion of the court. Any action shall prescribe in 3 years.

Comparing the Anti-Sexual Harassment Act of 1995 and the Safe Spaces Act, a number of difference have been observed. Firstly, as to how acts of sexual harassment are defined, the Anti-Sexual Harassment Act of 1995 or R.A. No. 7877 are more general as compared to the Safe Spaces Act or RA 11313 which is more specific as it exhausts a list of acts that are considered sexual harassment. Secondly, as to coverage, R.A. No. 11313 is more extensive than R.A. No. 7877 as it does not only cover sexual harassment in the workplace and educational or training institutions but also in public spaces including common carriers, and online. Lastly, the requirement of authority, influence and moral ascendancy in R.A. No. 7877 can be done away with in R.A. No. 11313, if the act is within its provisions. Hence, acts which are not within the text of R.A. No. 7877, such as in the case of peer to peer sexual harassment and subordinate over superior sexual harassment, are now punishable under R.A. No. 11313 or the Safe Spaces Act.

The 1987 Constitution is also one of the important sources of relevant law in relation to gender-based sexual harassment. According to Section 3, Article III of the Constitution, “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of laws”. Moreover, Section 4 guarantees every Filipino’s right to freedom of expression. As such and as enshrined in the Constitution, Filipinos, regardless of gender, gender identity, gender expression and gender preference are accorded equal protection from any form of harassment due to their relative circumstances, choices and self-expressions. Furthermore, Section 2, Article II of the Constitution also provides that the Philippines “adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations”. With the international community’s active involvement in fighting gender violence and inequality worldwide, Congress has enacted various laws and statutes incorporating salient provisions of international laws pertinent to this subject.

Related Foreign Laws, Statutes and Jurisprudence

The Universal Declaration of Human Rights (UDHR) is considered one of the milestone document in the history of human rights proclaimed by the United Nations General Assembly in Paris on December 10, 1948 through General Assembly Resolution 217 A. This document had been translated into over 500 languages and outlines the fundamental human rights to be universally protected. According to the General Assembly, UDHR is a common standard of achievement for all peoples and nations, to the end that every individual and organ of society, shall strive for the promotion of respect for these rights and freedoms, to secure universal and effective recognition and observance of the member states and among the peoples of territories under their jurisdiction:

Article 1 . All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2 .Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3 .Everyone has the right to life, liberty and security of person.

Article 4 .No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5 .No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6 .Everyone has the right to recognition everywhere as a person before the law.

Article 7 .All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8 . Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9 . No one shall be subjected to arbitrary arrest, detention or exile.

Article 10 . Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11 .

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12 . No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13 .

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14 .

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15 .

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16 .

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17 .

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18 . Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19 . Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20 .

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21 .

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22 . Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23 .

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24 . Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25 .

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26 .

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28 . Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29 . 

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30 . Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the United Nations General Assembly in 1979. It is often described as an international bill of rights for women which consists of a preamble and 30 articles which defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. CEDAW defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”.

States who are committed to the cause are expected to undertake a series of measures to end discrimination against women in all forms which includes the following:

• incorporating the principle of equality of men and women in their legal system, abolishing all discriminatory laws and adopting appropriate ones prohibiting discrimination against women;
• establishing tribunals and other public institutions to ensure the effective protection of women against discrimination; and
• ensuring elimination of all acts of discrimination against women by persons, organizations or enterprises.

Furthermore, the Convention provides for the basis in realizing equality between women and men through ensuring women’s equal access to, and equal opportunities in, political and public life, including the right to vote and to stand for election, as well as education, health and employment.  States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms. It is also the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations. Additionally, it upholds women’s rights in acquiring, changing or retaining their nationality and the nationality of their children.  Member states also adhere to appropriate measures against all forms of trafficking in and exploitation of women. All Countries that have ratified or acceded to the CEDAW are legally bound to practice and observe its provisions.  Likewise, they are also committed to submit national reports, at least every four years, in compliance with their treaty obligations.

The Declaration on the Elimination of Violence Against Women (DEVAW) was proclaimed by the United Nations General Assembly through Resolution 48/104 on December 20, 1993. It recognizes the urgent need for the universal application of the rights and principles of equality, security, liberty, integrity and dignity of all human beings among women.

According to Article 1 of the DEVAW, violence against women to mean “any act of gender-based violence that results in, or likely to result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”. Additionally, violence against women shall be understood to encompass, but not be limited to, the following (Article 2):

(a) Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation; 

(b) Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution; and

(c) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs. 

The Declaration (Article 3) also stipulated that women are entitled to the equal enjoyment and protection of all human rights and fundamental freedom in all fields, such as:

(a) The right to life; 

(b) The right to equality; 

(c) The right to liberty and security of person; 

(d) The right to equal protection under the law; 

(e) The right to be free from all forms of discrimination; 

(f) The right to the highest standard attainable of physical and mental health; 

(g) The right to just and favorable conditions of work; 

(h) The right not to be subjected to torture, or other cruel, inhuman or degrading treatment or punishment. 

In the Ontario Human Rights Code (1990), gender-based harassment is considered as one types of sexual harassment which is defined as any behavior that polices and reinforces traditional heterosexual gender norms. In this code, it says that gender-based harassment is used to get people to follow traditional sex stereotypes (dominant males, subservient females) and as a bullying tactic often between members of the same sex. Moreover, the code states that gender-based harassment is not generally motivated by sexual interest or intent but rather based on hostility and is often an attempt to make the target feel unwelcome in the environment. A number of examples of gender-based sexual harassment are enumerated in the same code such as: demanding hugs; invading personal space; making unnecessary physical contact, including unwanted touching; using language that puts someone down and/or comments toward women or men in some cases; sex specific derogatory names; leering or inappropriate staring; making gender-related comments about someone’s physical characteristics or mannerisms; making comments or treating someone badly because they don’t conform with sex-role stereotypes; showing or sending pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including on-line); sexual jokes, including passing around of written sexual jokes through email;  rough and vulgar humor or language related to gender; using sexual or gender-related comment or conduct to bully someone; spreading sexual rumors including on-line; making suggestive or offensive comments or hints about members of a specific gender; making sexual propositions; verbally abusing, threatening or taunting someone based on gender; making sexual propositions; verbally abusing, threatening or taunting someone based on gender; bragging about sexual prowess; demanding dates or sexual favors; making offensive sexual jokes or comments; asking questions or talking about sexual activities; making an employee dress in a sexualized or gender-specific way; acting paternally in a way that someone thinks undermines their self-respect or position of responsibility; and making threats to penalize or otherwise punish a person who refuses to comply with sexual advances known as reprisal.

The Maputo Protocol or the Protocol to the African Charter on Human and People’s rights on the Rights of Women in Africa was adopted in 2003 for the promotion and protection of women’s rights in Africa. Today, it remains one of the most progressive legal instrument setting forth a comprehensive set of human rights laws for African women which provides for a wide-range and substantive human rights for women covering the spectrum of civil, political, economic, social and cultural as well as environmental rights. This document is a demonstration of goodwill and the total commitment of the African Union Member States to invest in the development and empowerment of women representing majority of its population. Salient features of this law include provisions on: 1) the elimination of discrimination against women, 2) right to dignity, 3) the right to life, integrity and security of the person, 4) elimination of harmful practices, 5) marriage, 6) access to justice and equal protection before the law, 7) right to participation in the political and decision-making process, 8) right to peace, 9) protection of women in armed conflict, 10) right to education and training, 11) economic and social welfare rights, 12) health and reproductive rights, 13) right to food security, 14) right to adequate housing, 15) right to positive cultural context, 16) right to a health and sustainable environment, 17) right to sustainable development, 18) widows’ rights, 19) right to inheritance, 20) special protection of elderly women, 21) special protection of women with disabilities, and 22) special protection of women in distress, among others.

Because of this innovative instrument, African nations had witnessed the evolution of innovative laws, policies and significant institutional mechanisms that had put forth the advancement of women’s human rights. As a consequence, reports have showed that many African nations have totally taken active steps in the promotion of women’s rights. Benin has adopted a family code on gender equality that prohibits polygamy and affords children equal access to rights irrespective of status. Sierra Leon has a Registration of Customary Marriage and Divorce Act that protect women from entering into forced marriages. Likewise, South Africa has promulgated the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) which guarantees the equal protection of women under the law. This law is considered the region’s most important law after its constitution.

The Council of Europe, Europe’s leading human rights organization, has undertaken a number of initiatives to promote the protection of women against violence as early as the 1990s which resulted to the adoption of Rec(2002)5 by the Committee of Ministers to its member states on the protection of women against violence, including the Europe-wide campaign of combatting violence against women, including domestic violence in 2006-2008. By assuming its leading role in human rights protection, the Council of Europe decided to set up comprehensive standards to prevent and combat violence against women including domestic violence. The Convention on preventing and combating violence against women and domestic violence was adopted by the Council of Europe Committee of Ministers on April 7, 2011. It was opened for signature on May 11 of the same year on the occasion of the 121 st Session of the Committee of Ministers in Istanbul. Following its 10th ratification by Andorra on 22 April 2014, it entered into force on August 1, 2014 known as Treaty No. 210 or the Council of Europe Convention on preventing and combating violence against women and domestic violence. This new landmark treaty opens the path for creating a legal framework at the pan-European level to ensure the protection of women against all forms of violence, thereby providing an avenue for the prevention, prosecution and elimination of violence against women and domestic violence.

In response to a well-documented pattern of abuse, human rights experts met in Yogyakarta, Indonesia to draft a set of international principles concerning sexual orientation and gender identity. As a result, the Yogyakarta Principles was formulated which is considered a universal guide to human rights affirming binding international legal standards with which all States must comply, promising a different and brighter future where all people are born free and have equal dignity and rights accorded by their birthright.Since its adoption in 2006, the Yogyakarta Principles has developed into an authoritative framework of human rights for persons with diverse sexual orientation and gender identities. In 2017, there were additional principles and state obligations          on the application of international human rights law in relation to sexual orientation, gender identity, gender expression and sex characteristics to complement the existing Yogyakarta Principles, now known as Yogyakarta Principles plus 10. The current and improved Yogyakarta Principles enumerated the following thirty-eight (38) principles, namely:

Principle 1.      The Right to the Universal Enjoyment of Human Rights

Principle 2.      The Rights to Equality and Non-Discrimination

Principle 3.      The Right to Recognition before the Law

Principle 4.      The Right to Life

Principle 5.      The Right to Security of the Person

Principle 6.      The Right to Privacy

Principle 7.      The Right to Freedom from Arbitrary Deprivation of Liberty

Principle 8.      The Right to Fair Trial

Principle 9.      The Right to Treatment with Humanity while in Detention

Principle 10.    The Right to Freedom from Torture and Cruel, Inhuman or Degrading Treatment of Punishment

Principle 11.    The Right to Protection from all Forms of Exploitation, Sale and Trafficking of Human Beings

Principle 12.    The Right to Work

Principle 13.    The Right to Social Security and Other Social Protection Measures

Principle 14. The Right to an Adequate Standard of Living

Principle 15.    The Right to Adequate Housing

Principle 16.    The Right to Education

Principle 17.    The Right to the Highest Attainable Standard of Health

Principle 18.    Protection from Medical Abuses

Principle 19.    The Right to Freedom of Opinion and Expression

Principle 20.    The Right to Freedom of Peaceful Assembly and Association

Principle 21.    The Right to Freedom of Thought, Conscience and Religion

Principle 22.    The Right to Freedom of Movement

Principle 23.    The Right to Seek Asylum

Principle 24.    The Right to Found a Family

Principle 25.    The Right to Participate in Public Life

Principle 26.    The Right to Participate in Cultural Life

Principle 27.    The Right to Promote Human Rights

Principle 28.    The Right to Effective Remedies and Redress

Principle 29.    Accountability

Principle 30.    The Right to State Protection

Principle 31.    The Right to Legal Recognition

Principle 32.    The Right to Bodily and Mental Integrity

Principle 33.    The Right to Freedom from Criminalization and Sanction on the Basis of Sexual Orientation, Gender Identity, Gender Expression or Sex Characteristics

Principle 34.    The Right to Protection from Poverty

Principle 35.    The Right to Sanitation

Principle 36.    The Right to the Enjoyment of Human Rights in Relation to Information                and Communication Technologies

Principle 37.    The Right to Truth

Principle 38.    The Right to Practice, Protect, Preserve and Revive Cultural Diversity

Among the Yogyakarta Principles, Principle 33 which is the “Right to Freedom from Criminalization and Sanction on the Basis of Sexual Orientation, Gender Identity, Gender Expression, or Sex Characteristics is found to be of utmost importance to the researchers for said principle is significant to this study. This principle emphasizes that the State shall:

A. Ensure that legal provisions, including in customary, religious and indigenous laws, whether explicit provisions, or the application of general punitive provisions such as acts against nature, morality, public decency, vagrancy, sodomy and propaganda laws, do not criminalize sexual orientation, gender identity and expression, or establish any form of sanction relating to them;

B. Repeal other forms of criminalization and sanction impacting on rights and freedoms on the basis of sexual orientation, gender identity, gender expression or sex characteristics, including the criminalization of sex work, abortion, unintentional transmission of HIV, adultery, nuisance, loitering and begging;

C. Pending repeal, cease to apply discriminatory laws criminalizing or applying general punitive sanctions on the basis of sexual orientation, gender identity, gender expression or sex characteristics;Expunge any convictions and erase any criminal records for past offences associated with laws arbitrarily criminalizing persons on the basis of sexual orientation, gender identity, gender expression and sex characteristics;

D. Ensure training for the judiciary, law enforcement officers and health care providers in relation to their human rights obligations regarding sexual orientation, gender identity, gender expression and sex characteristics;

E. Ensure that law enforcement officers and other individuals and groups are held accountable for any act of violence, intimidation or abuse based on the criminalization of sexual orientation, gender identity, gender expression and sex characteristics;

F. Ensure effective access to legal support systems, justice and remedies for those who are affected by criminalization and penalization on grounds of sexual orientation, gender identity, gender expression and sex characteristics;

G. Decriminalize body modification procedures and treatments that are carried out with prior, free and informed consent of the person.

Related Literature and Studies

According to a published work entitled “A Maine Guide to Employment Law”, which is a research compiled by Gabrielle Berube and James Davitt of the Bureau of Labor Education, Maine University (2008), sexual harassment is an unwelcomed sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature which affects a person’s employment, unreasonably interferes with work performance, or creates intimidating, hostile or offensive work environment. Furthermore, the guide says that sexual harassment is a deliberate and or repeated sexual or sexual-based behavior that is not welcome, not asked for, or not returned.

In the study entitled “The Experiences of Young Heterosexual Men as Victims of Street Harassment”, conducted by Trisia Jeun Valencia and Ma. Fatima Bullecer of San Beda College Alabang as published in The Bedan Journal of Psychology (2017, pp.185-190), revealed that the participants reported different methods of how they were harassed. One respondent said that he received a random and unsolicited explicit comment and action from a heterosexual man he passed by while walking in a low-lighted street. Another respondent had the same experience with the first respondent but the harasser was not a heterosexual man but a homosexual man. The homosexual man displayed inappropriate behavior like rubbing his crotch, sniffing, and providing unwanted comments. Both respondents did not react but just walked away to avoid confrontation. The researchers attributed the action of walking away to the feeling of fear of escalation. Another respondent reacted in another way. He confronted the perpetrator when touched by the harasser which resulted to physical assault. The study further revealed that the respondents’ reactions to their individual experiences were similar. Feelings of fear and anger were reiterated by majority of the respondents and that feeling is inevitable. The participants of the study voiced out that street harassment puts their safety and security at risk, be it physically and psychologically. This reaction according to the researchers can be attributed to the fact that harassment by strangers based on the study of Dhillon and Bakaya, is highly associated with heightened apprehension about safety. It is further revealed that most participants of the study recognized the omnipresence of street harassment, saying that it happens anywhere. Also, they said that increased awareness of the issue at hand is a recurring realization they thought of after their respective experiences. The researchers expressed that there is lack of lawful actions regarding street-based harassments in the Philippines which is quite alarming. Moreover, the study also espoused the need for legalities which were suggested by most of the respondents. The study further said that since the harassment happens in public and the act usually is quick, the chances for undergoing statutory processes are slim since the concept of street harassment is vague due to mismatches in the definitions and the term itself is not commonly used. The researchers quoted O’Neill in his study in 2013 that submission of laws would be hard because awareness of street harassment is not general.

The study of Marlén Miranda entitled “Gender-Based Violence: A Global Crisis that is Handled Ineffectually (2020) showed the following findings: 1) gender-based violence is institutional violence; 2) formal institutions, such as government and non-government bodies have a limited understanding of gender-based violence, which ultimately hinders their ability to combat the violence and limits who they aid; 3) the hegemonic discourse around gender-based violence does not encapsulate the realities of multi-marginalized individuals; and 4) acts of resistance arise as a result of failing institutions and instill pressure on society for more significant change.

The aforesaid study further revealed the following: 1) oppression can take on many forms. It can be internalized, interpersonal, cultural, or institutional; 2) structural forms of violence, such as racism, sexism heterosexism, and classicism, encompass all of these levels of oppression; 3) gender-based violence is complicated because this method of violence is constructed using existing structural forms of violence; 4) because gender-based violence was built in coalition with these oppressive structures, individuals who commit said acts of violence automatically reinforces the other structures and the oppressive dimensions in which they operate (internalized, interpersonal, cultural, and institutional); and 5) gender-based violence is a consequence of and reinforcer of historic oppressive structures.

Additionally, Miranda’s study also revealed the following: 1) that gender-based violence is institutional violence because, in all five (5) sample countries namely, Chile, Nepal, Jordan, Spain and the United States, this form of violence demonstrated all three (3) characteristics: the state was involved in perpetrating it, the government had ineffective legal frameworks to address it, and most institutions created to address the violence were impotent. In each of these countries, the state, in some shape or form, conducted acts of gender-based violence and were often protected by impunity rights, meaning they were exempt from punishment; 2) there is ineffective legal framework because these countries demonstrated difficulty either in the implementation of existing laws, lack of political power and consensus to update the constitution or failure to adopt laws that protect victims of gender-based violence; and 3) most institutions aimed at combating gender-based violence were impotent due to their lack of funding, low staffing, and insufficiency in political power. The study further revealed that in the five (5) countries studied, part of the reason why society has been unable to tackle Gender-Based Violence is that many of the formal institutions used to combat gender-based issued have limited understandings of Gender-Based Violence. Most try to combat it on a case to case basis, without realizing that the form of violence is systematic and institutional. Moreover, the findings of the study said that firstly, in government positions, there is lack in the representation of individuals with understanding of gender-related issues especially of women, LGBTQI individuals, and multi-marginalized individuals with vast knowledge on the subject; secondly, this government shortfall makes it difficult for victims to feel heard and for gender-related issues to be adequately addressed; and lastly, most government ministries focused on gender issues and non-government organizations (NGOs) have little political power, government funding, and understanding the complexities of gender-based violence, thus, hegemonic experiences dominate, and those not fitting these norms are left to address issues via other platforms or by themselves.

The American Psychological Association (APA) published the “Guidelines for Psychological Practice with Lesbian, Gay and Bisexual Clients” which provide psychologists with a frame of reference for the treatment of lesbian, gay and bisexual clients as well as basic information and further references in the areas of assessment, intervention, identity relationships, diversity, education, training and research. These pronouncements were adopted by the APA to address the stigma that surround homosexuality to the end that there will be no impairment in judgement, stability, reliability, or general social or vocational capabilities. The APA recognized the need for revision of the guidelines as there have been many changes in the field of lesbian, gay and bisexual psychology. It grounds itself in methodologically sound research, the APA Ethics Code and existing APA policy in informing professional practice with lesbian, gay and bisexual clients.

The Guidelines also provide the definition of terms for sex, gender, gender identity, gender expression, sexual orientation, and coming out. They are defined as follows:

Sex is a person’s biological status and is typically categorized as male, female, or intersex.

Gender refers to the attitudes, feelings, behaviors that a given culture associates with a person’s biological sex. If a person’s behavior conforms to the cultural expectations, then it is considered gender normative, otherwise, it is considered gender nonconformity.

Gender identity is the how one refers to oneself as male, female or transgender (APA, 2006). In the instance when “one’s gender identity and biological sex are not congruent the individual may identify as transexual or as another transgender category (ef. Gainor, 2000).

Gender Expression is the way a person communicates gender in a culture. It can be in terms of clothing, communication patterns and interests. The Guidelines noted that a person’s gender expression may not reflect his/her gender identity.

Sexual Orientation refers to the sex of those to whom one is sexually and romantically attracted.

Coming out refers to the process of acknowledging and accepting one’s own sexual orientation. It can also be regarded as the process of disclosing one’s sexual orientation to others.

Twenty-one (21) Guidelines are analyzed in this study. The first six (6) guidelines are focused on attitudes toward homosexuality and bisexuality. They are relevant to this study as it substantiates the challenges of living in a heterosexist society to people with nonheterosexual orientations. These challenges drive them to the point that they are forced to be closeted to protect themselves from minority stress. Minority stress can take the form of anti-gay jokes up to more serious negative events such as loss of employment, custody of children, physical and sexual assault.

The First Guideline contemplates of the Psychologists strive to understand the effects of stigma (i.e., prejudice, discrimination, and violence) and its various contextual manifestations in the lives of lesbian, gay and bisexual people. Stigma is a negative social attitude or social disapproval directed toward a characteristic of a person that can lead to prejudice and discrimination against an individual. When stigma manifests into prejudice and discrimination, overt acts of repulsion against those subjected to stigma occur. In sum, overt and covert heterosexism can be manifested.

Anti-gay victimization and discrimination have been associated with mental health problems and psychological distress (Cochran, Sullivan, & Mays, 2003; Gilman et al., 2001; Herek, Gillis, & Cogan, 1999; Mays & Cochran, 2001; I. H. Meyer, 1995; Ross, 1990; Rostosky, Riggle, Horne, & Miller, 2009). It is of common knowledge that when individuals are placed stressful environments a certain amount of stress will affect such individual. It certainly follows that when non-heterosexual individuals are singled out from others, they will inevitably be subjected to stress of various levels. Hence, Psychologists are urged to understand that stigmatization, prejudice and discrimination can be sources of stress and create concerns about the personal security of lesbian, gay and bisexual clients. By identifying the stigma, prejudice and discrimination that they face, psychologists may be able to understand the impact of stigma and therefore demonstrate awareness and validation, and therefore, provide a safe space for counseling. It was also noted by Moradi, van den Berg & Epting (2009) that different combinations of contextual factors related to gender, race, ethnicity, cultural background, social class, religious background, disability, geographic region, and other sources of identity can result in dramatically different stigmatizing pressures and coping styles.

The Second Guideline provides that lesbian, gay and bisexual orientations are not mental illnesses. Hooker’s (1957) study challenged the historical assumption of the contrary and found that there is no difference on projective test responses between nonclinical samples of heterosexual men and gay men. The notion that having a non-heterosexual orientation differentiates a person’s cognitive abilities from those having heterosexual orientation has been proven false. This means that refusing employment solely on the ground of one’s sexual orientation is an injustice and should not be treated as sufficient reason for doing such. The APA (2009b) “opposes the distortion and selective use of scientific data about homosexuality by individuals and organizations seeking to influence public policy and public opinion” (p. 122).

The Third Guideline states the psychologists’ understanding that same-sex attractions, feelings, and behavior are normal variants of human sexuality and that efforts to change sexual orientation have not been shown to be effective or safe. The article noted the presence of “sexual orientation change efforts” or SOCE. These SOCE are defined by APA (2009b) as therapeutic interventions intended to change, modify, or manage unwanted non-heterosexual orientations. Some clients report that non-heterosexual orientation is inconsistent with their religious beliefs and have sought to do so through so-called ex-gay programs or ministries according to Haldeman (2004) and Tozer & Hayes (2004). Reviews of literature found by APA show that they have consistently found that efforts to change sexual orientation were ineffective due to methodological problems such as biased sampling techniques, inaccurate classification of subjects, assessments based solely upon self-reports among others.

The Fourth Guideline encourages psychologists to recognize how their attitudes and knowledge about lesbian, gay and bisexual issues may be relevant to assessment and treatment and seek consultation or make appropriate referrals when indicated. The rationale behind this guideline is to make sure that personal bias does not play a role in the work of psychologists. It urges psychologists to acknowledge their limitations of their knowledge of the field and undertaking counseling poses the responsibility of following through the progress of client. The therapists implicit and explicit negative attitudes may impede the progress in psychotherapy. The APA Ethics Code (APA, 2002b, p. 1063) noted that psychologists are called to be “aware of and respect, cultural, individual, and role differences, including those due to … sexual orientation… and try to eliminate the effect on their work of biases based on [such] factors.”

The Fifth Guideline contemplates the psychologists strive to recognize the unique experiences of bisexual individuals. APA found that bisexual persons are affected by negative individual and societal attitudes toward bisexuality that are expressed by both heterosexual and gay/lesbian people. Dworkin (2001) added that bisexuality may not be regarded as a valid sexual orientation but instead viewed as a transitional state. Psychologists must familiarize themselves with the development of the bisexual identity including cultural differences relative to bisexuality and gender differences. It is also important for psychologists to examine their attitudes and identify their biases toward nontraditional relationships that bisexual may have.

The Sixth Guideline contemplates the psychologists strive to distinguish issues of sexual orientation from those of gender identity when working with lesbian, gay and bisexual clients. In fact, APA (2006) states that sexual orientation and gender identity are distinct characters of an individual.

The Seventeenth and Eighteenth Guidelines discusses the economic and workplace issues lesbian, gay and bisexual clients experience. The Safe Spaces Act or RA 11313 specifically allocated a title addressing the gender-based sexual harassment in the workplace. These Guidelines pinpoint the challenges lesbian, gay and bisexual persons face at work.

The Seventeenth Guideline encourages consideration on the impact of socio-economic status on the psychological well-being of lesbian, gay and bisexual clients. According to the data gathered in a 1995 study, lesbian, gay and bisexual men and women are often at economic disadvantage in contrast to their heterosexual counterparts. Badgett found that gay men earned between 11% and 27% less than heterosexual males. These findings may be derived from the existing stigma in their sexual orientation. Badgett, Lau, Sears & Ho (2007) found that lesbian, gay, and bisexual individuals have been fired, denied promotion, given negative performance evaluations, and received unequal pay and benefits because of their sexual orientation. Hence, forging a direct relationship between sexual orientation and socio-economic status.

The Eighteenth Guideline contemplates the psychologists strive to understand the unique workplace issues that exist for lesbian, gay and bisexual individuals. The disadvantages in the workplace caused by the stigma on nonheterosexuality directly affects their socio-economic status. The unique workplace issues mentioned in this guideline pertains to barriers to vocational development and success of lesbian, gay and bisexual individuals. Employment discrimination (Fassinger, 2008), wage discrimination (Badgett, 2003; Elmslie & Tebaldi, 2007) , lack of benefits (e.g., family medical leave, bereavement leave, childcare, same-sex partner benefits; Fassinger, 2008) are barriers hindering the success of lesbian, gay and bisexual individuals in the workplace.

THE PROBLEM

Statement of the Problem

The Safe Spaces Act was signed into law by President Rodrigo Roa Duterte and approved on April 17, 2019 served as a supplementary law to the existing Anti-Sexual Harassment Act of 1995 expanding to protect individuals from gender-based sexual harassment in streets and public spaces, online sexual harassment, the workplace, and educational and training institutions.

This being a fairly new law, the researchers are interested in discovering and analyzing how the Safe Spaces Act fit within the current dynamics of Gender Awareness and Development in the Province of Negros Occidental. Public and private institutions alike are bound to embrace the growing diversity in sexual orientation, gender identity, and gender expression in the workplace, at educational and training institutions, online and in the community as a whole.

The study sought to answer the following questions:

• What is the negative impact of gender-based sexual harassment on a survivor’s life?
• What are the barriers that hinder victims from reporting incidents involving gender-based sexual harassment?
• How will injured parties seek out the remedies laid out by the Safe Spaces Act when such Gender-based harassment happens: (a)in streets and public places; (b) through online and social media platforms; (c) at the workplace; and (d) in educational and training institutions.
• How should the Safe Spaces Act be implemented by public and private sectors to encourage the reporting of gender-based sexual harassment?

The ultimate goal of this paper is to become part of the solution to reduce Gender-Based Sexual Harassment and to promote Safe Spaces in Negros Occidental.

Significance of the Study

Gender-based sexual harassment can affect a victim slightly or too seriously. The impact of the harassment to a victim depends on one’s coping mechanism or how one deals with the situation. Recognizing the degree to which one victim is affected by the harassment is important so that one can move toward formulating measures and actions in order to provide a safe space for them. Specifically, this study is envisioned to benefit the following:

The Gender-based Harassment Victims . Primarily, this is the group that would reap the most benefit from this study since the output would disclose, among others the ways they can seek out the remedies laid out by the Safe Spaces Act;

The Local Government Units . Because the LGUs, under Section 8 of SSA and Section 9 of its implementing Rules and Regulations of the Local Government Code of 1991, are mandated to prevent and respond to gender-based sexual harassment (GBSH) in streets and public spaces, this sector will find the study beneficial because if will uncover the problems encountered by the GBSH victim-survivors in terms of assistance and support accorded to them by their respective LGU;

The Employers and Heads of Office of Private Institutions and Educational or Training Institutions . This study will prove to be beneficial to them as it would inform them of the duties imposed to them by the Implementing Rules and Regulations (IRR) of the SSA as well as their liabilities in case of non-observance of duties. They will also be guided on how to draft the Code of Conduct as mandated by the IRR based on the output provided by the respondents of the survey on their experiences of GBSH;

The National and Local Legislators . The experience encountered by the GBSH victim-survivors, particularly in the legal aspect, will prove to be a valuable input to them as they strive to improve their respective laws in terms of penalties and punishments;

The Researchers . As women themselves, the completion of this study is a source of satisfaction for them, who at one point in their lives, have directly or indirectly connected themselves with some victim-survivors. This study will afford them the opportunity to provide significant contribution to the LGU in terms of how to help the victim-survivors regain their dignity;

Other Researchers . Gender-based sexual harassment has been and is still present in our country and, yet the law addressing such was passed last August 17, 2018 – more than 2 years ago. This being a new law, the Researchers would like to take this opportunity to call upon others to continuously search and develop solutions that would address this long-standing issue. With this, other Researchers may be able to make use of this material as a basis for further studies; and

The Community as a Whole . This study will expand this sector’s views on gender-based sexual harassment (GBSH) and help guide accordingly in case anyone in the community fall victim to GBSH. This study discusses acts that are considered GBSH that the general public may or may not know and the penalties that would be imposed in case of violation of the Safe Spaces Act.

METHODOLOGY

This section presents the procedures used in the study.  It consists of the research environment, the research design, the sampling design and technique, the respondents of the study, a description of the research instrument, the research procedures undertaken, and the statistical tools used.

Research Environment

The study was conducted within the different cities and municipalities of the Province of Negros Occidental including the highly-urbanized city of Bacolod. Due to the prevalence of the COVID-19 pandemic, adoptive and modern modes of research and making use of the internet were employed to facilitate the conduct of the study. With the help of experts coming from both the private and public sector, the researchers were able to ensure the successful conduct of this study despite pressing limitations.

This paper is in compliance with one of the major requirements in the College of Law of the University of St. La Salle Bacolod, specifically in the subject Law 105 – Legal Research and Thesis Writing, a 2-unit course. In this regard, the researchers will attempt to dissect and investigate the current status and impact of gender-based sexual harassment in the promotion of the Safe Spaces Act in Negros Occidental.

Research Design

This study principally used the descriptive research design.  It made use of structured survey questionnaires for target participants from the private and public sector including those from the Local Government Units. Moreover, an interview schedule was drafted for the experts coming from the provincial government and the different concerned national government agencies such as the Philippine National Police and the Department of Education, among others.

To beef up the paper,  information and secondary data from relevant statutes, jurisprudence, journals, books, published and unpublished theses, other reference materials, and the Internet were used..  Descriptive statistical tools such as frequency distribution, percentage distribution, ranking, and weighted arithmetic mean were utilized to summarize, organize, and simplify the data collected from the survey.

Sampling Design and Technique

The study used simple random sampling selection wherein each member of the population was given an equal opportunity to become part of the sample.  It is the simplest form of probability sampling which is done using lottery or raffle method of determining the representative sample.  This method involved the selection of the sample at random from a given sampling frame (Saunders et al., 2009). 

Given a small population of 200 possible respondents, at least 50 percent of the computed sample size was surveyed.

Research Respondents  

This study made used of three groups of respondents. The first group was confined to select respondents coming from the private and public sectors of the province of Negros Occidental including students, youth sectors, and employees among others who are potential victims of gender-based sexual harassment who may be male or female. Under this group, there were a total of one hundred and two (102) respondents who were surveyed  using the general questionnaire. The second group consists of a total of twenty-one respondents from the different LGUs in the province were also asked to answer a specific questionnaire. The third group consists of three (3) LGU personnel who were experts in their fields. They were interviewed to provide a better grasp on the subject matter pursuant to the mandates of their offices.

Research Instrument

The study made use of both primary and secondary data.  A questionnaire was developed to obtain the primary data necessary for the study.  Two (2) different survey questionnaires were used to ask about (1) relevant experiences of the participants on gender-based sexual harassment in streets and public places, public utility vehicles, on the internet and other online media platforms, in the workplace and educational and training institutions, and (2) the current program implementation of the LGUs pursuant to the mandate of R.A. 11313 or the Safe Spaces Act. The aforesaid questionnaires consisted mostly close-ended questions and check lists. Said questionnaires basically asked about the demographic profile of the respondents and their relevant experiences.  Moreover, concerned LGU personnel were also asked on their level of awareness of the pertinent law including the current implementation in their area of responsibility.

Research Procedures

Pre-testing .  Pre-testing refers to the dry-run of the research questionnaire to test for the validity, reliability and effectiveness of the formulated research questions. It takes into consideration the clarity of the key research elements, the vagueness of the statements, the time it will take a respondent to answer the questions, and the duration and convenience in tabulating the responses (Rivera & Rivera, 2007).  Through this test, the survey questionnaire can be improved, thereby providing significant solutions to identified problems and enabling the researcher to easily and accurately tabulate the responses. 

The questionnaire used as primary data gathering instrument was accomplished by two (2) randomly selected individuals who answered the questions.  The results indicated that all the questions were responded to by the pre-test participants, hence, they were included in the  survey proper results.

Data Gathering .  A transmittal letter seeking permission from the respondents were given together with the prepared questionnaire.  The researcher sent out the questionnaires via email, Facebook Messenger and other online media platforms employing networking techniques through friends, families, co-workers, and personal and professional acquaintances for easy and fast questionnaire retrieval in the months of November and December 2020. Distribution and retrieval was done within the predefined collection period.

Treatment of Data .  The study conducted was primarily descriptive in nature.  Presentation of surveyed data was done in two ways.  They are through tables and graphs.  Frequency and percentage distribution was used to present relevant data in tabular form.  Tabulation, analysis and summarization of data was done using the appropriate statistical tools.  Microsoft Excel was also employed to assist the researcher in data tabulation.

Statistical Treatment

Frequency distribution, percentage distribution, ranking, and weighted arithmetic mean, were used to summarize, analyze, and interpret the data gathered.  For easier and faster analysis, the functions of Microsoft Excel and PHStat were used to assist the researcher in the performance of multiple calculations essential to the appropriate presentation of the gathered data.

Frequency Distribution .  This was accomplished by grouping the data together into a number of classes.  This statistical tool presented the data in a relatively condensed form and gave an excellent picture of the information gathered. 

Percentage Distribution .  The researcher further converted the frequency distribution into corresponding percentage distribution.  This was accomplished by dividing each class of the frequency distribution by the number of items in a group and multiplying the quotient by one hundred (100) percent.  This statistical tool was used to treat the demographic profile, and employment status, and history of the respondents, among others.

Percentage= f/n x (100)

f  =  frequency of a response               n  =  total number of responses

Weighted Mean .  This statistical tool was utilized to give quantities being averaged a proper degree of importance by assigning them weights. The formula is:

x̄ = ( Σ x i  ) / n

n  =  number of responses                   ∑ f(x)  =  sum of weighted responses

This section contains the presentation, analysis, and interpretation of the data gathered.  The tabular presentation is used in presenting the quantitative data obtained.  Charts are used to highlight and further emphasize certain data groups.  The data gathered were provided by one hundred and two (102) general respondents and twenty-three (23) LGU respondents. Moreover, three (3) expert resource persons were interviewed to provide additional source data and insights on the relevant issue tackled in this case study.

General Profile of the Respondents

To have a better understanding of the results of the study, the presentation of the survey outcome begins with the essential demographic background of the general respondents.  The demographic and other profile variables considered in this study are age, place of origin or residence, employment status, civil statues, and gender-related variables such as sex assignment at birth, gender identity, current sexual orientation and gender expression preference.

Ages of Respondents

Table 1 above shows the profile of the respondents according to their respective ages. Mostly, the surveyed respondents belong to the twenty (20) to twenty-five (25) and twenty-six (26) to thirty (30) age ranges representing twenty-nine (29) or 28.43 percent and twenty-seven (27) or 26.47 percent, respectively. Given that most of the respondents are currently employed as shown in Figure 2, it is but evident that most of them are above twenty (20) years old. It is noteworthy to take notice that a handful of the respondents are twenty (20) years old and below with eighteen responses represent 17.65 percent of the total.

Place of Origin/Residence of the Respondents

Figure 2 below summarizes the general area of origin of the respondents in relation to Figure 1 above. Of those surveyed, most of the respondents representing eighty-one (81) or 79.41 percent of the total come from either of the twelve (12) component cities within the province including the highly-urbanized city of Bacolod namely, Bago City, Cadiz City, Escalante City, Himamaylan City, Kabankalan City, San Carlos City, Silay City, Talisay City, and Victorias City, among others. Moreover, some of the respondents come from one of the nineteen (19) component municipalities in the province representing eighteen (18) or 17.65 percent of the total such as the Municipalities of Candoni, Cauayan, Don Salvador Benedicto, E.B. Magalona, Hinigaran, Hinoba-an, Ilog, Murcia and Pontevedra.

General Area of Origin of the Respondents

With the apparent nature of this case study pursuant to the prevalence of sexual harassment in the province in relation to the promotion of the Safe Spaces Act on streets and public spaces, public utility vehicles, on the internet and other social media platforms, in the workplace, and in educational and training institutions, there is a noticeable diversity in the employment status (Figure 3) of the pool of respondents who are either employed, unemployed and currently enrolled in an academic institution. Of those surveyed, majority come from the employed group, representing sixty-seven (67) responses or 65.69 percent of the total. Additionally, fourteen (14) or 13.73 percent and twenty-one (21) or 20.59 percent come from the unemployed sector and current members of the student group, respectively. This data is very significant in the study because it will provide a wider picture on the possible sexual harassment and gender-related issues experienced by the different surveyed groups in relation to the better understanding on aforesaid offense and its impact on the legislative actions that are currently in place and will be undertaken by the concerned legislators in the near future.

Employment Status of the Respondents

Figure 4 that follows show the civil status of the respondents who are either single, married, separated or widowed. Of those surveyed, majority, representing sixty-seven (67) or 66 percent of the total are single or unmarried. Twenty-eight (28) are married, five (5) are separated and two (2) are widowed. Since most of the surveyed population are below thirty-five (35) years of age, it is but apparent that most of the responses come from the unmarried cluster.

Civil Status of the Respondents

Gender-Based Sexual Harassment Profile of the Respondents

The current recognition by the international community including the Philippines on the existence and unregulated prevalence of gender-based sexual harassment has paved the way for law makers to enact a law that expands beyond the four-corners of the current sexual harassment and violence against women and children act. This case study also attempts to profile the general nature and experiences of the residence of the Negros Occidental. This section will present the gender-based sexual harassment profile of the one hundred and two (102) respondents of this study.

Figure 5 below presents the profile of the respondents in relation to their sex assignment by birth. Sex assignment pertains to the classification of an infant at the time of birth which could either be male or female. Studies and jurisprudence have showed that children born with ambiguous genitalia are assigned such by either their parent or by physicians (American Psychological Association, 2015). The survey results show that of the one hundred and two (102) responses, sixty (60) or 58.82 percent belong to the female sex while forty-two (42) or 41.18 percent belong to the male sex. Thus, majority of this case study’s responses are from those with female sex assignment at birth.

Sex Assignment at Birth

According to the American Psychological Association, gender identity refers to a person’s sense of oneself as either male, female or transgender or queer. It is a deeply felt and inherent sense of maleness, femaleness or that of the alternative which may or may not be the one’s sex assigned at birth. When biological sex and gender identity are not congruent with each other, he or she may identify as transexual or that of another transgender category. Figure 6 reveals that the surveyed respondents have gender identity that is either man, woman or queer. Forty-four (44) or 43.14 percent said that they are women. Thirty-three (33) or 32.35 percent said that they are men while the remaining twenty-five (25) or 24.51 percent said that they are queer. This data shows that there is indeed a disparity between sex assignment at birth (Figure 5) and gender identity (Figure 6).

Gender Identity

Figure 7 shows the current sexual orientation of the surveyed respondents. According to the surveyed respondents, their current sexual orientation is either heterosexual, homosexual, bisexual, demisexual or asexual. In the article entitled “Guidelines for Psychological Practice with Transgender and Gender Nonconforming People” by the American Psychological Association (2015), sexual orientation refers to a component of a person’s identity that includes sexual and emotional attraction for another person and its accompanying behavior as a result of the said attraction. An individual may be attracted to either a man, woman, both man and woman, neither to a man or woman or to people who are genderqueer, androgynous or possess other gender identities.

Of the responses, fifty-six (56) have identified their current sexual orientation as heterosexual. Twenty-one (21) said that they are homosexuals while nineteen (19) are bisexuals. About four (4) of the respondents said that they are demisexual while two (2) said that they are asexual.

Current Sexual Orientation

The figure that follows summarizes the gender expression of the one hundred and two (102) respondents of this study.

Gender Expression

Gender expression or the way in which a person communicates his or her gender within a given culture through physical appearance, choice of clothing and accessories, behavior, communications and interests may differ from one person to another (American Psychological Association, 2015). Based on the responses, fifty-five (55) or 53.92 percent are feminine while thirty-five (35) or 34.31 percent are masculine. A smaller portion of the respondents said that they have androgynous gender expression represent twelve (12) or 11.76 percent of those surveyed.

Gender-Based Sexual Harassment Experiences of the Respondents

From this case study, it is clear that the surveyed respondents have varied gender-based sexual harassment experiences. Be it straight or gay people have in one way or another been subjected to harassment or any form of unwarranted and sexualized attention which could either be physical, verbal, psychological and emotional in nature.

Respondents’ Experiences on Any Unwelcomed, Unreasonable and Offensive Physical, Psychological and Emotional Threats, Unwanted Sexual or Sexist Remarks and Comments Online or Offline Including Invasion of Privacy

As shown in the pie chart (Figure 9), a greater portion of the respondents were in one way or another subjected to unwelcomed, unreasonable and offensive physical, psychological and emotional threats, unwanted sexual or sexist remarks and comment either online or offline. Sixty-five (65) representing 63.73 percent of the responses gave an affirmative response while thirty-seven (37) or 36.27 percent said otherwise. This clearly shows that harassment in any form is prevalent and somehow experienced by regular people in their daily lives. Moreover, it is important to note that others may not be aware that they are already victims of this kinds of abuse due to ambivalence, indifference or ignorance.

Manner or Form of Sexual Harassment

The figure above (Figure 10) shows the different forms of sexual harassment experienced by the surveyed respondents. Of the sixty-five (65) affirmative responses signifying having experienced sexual harassment as presented in Figure 9, twenty-eight (28) or 43.08 percent are in the form of verbal harassment, twenty-five (25) or 38.46 percent are through emotional or psychological means, while twelve (12) or 18.46 percent are physical in nature. In whatever form or manner it is, sexual harassment is and will always be considered wrong because it violates the individuality of a person and the guaranteed constitutional rights of freedom of expression and equality before the law.

Sexual harassment and other forms of unwelcomed advances or comments from people may happen anywhere. According to the responses, the surveyed participants have been exposed to sexualization and objectivization in the streets or public spaces, while onboard public transportation, while surfing the internet and online media platforms, in the workplace, and in educational and training institutions. As summarized in Table 2 shown below, most of the study respondents have experienced harassment in streets and public spaces, representing twenty-six (26) or 30.95 percent of the total responses. Moreover, said harassment had also been experienced by the respondents in the workplace and on the internet and online platforms such as Facebook, Twitter, and Instagram, representing nineteen (19) or 22.62 percent and seventeen (17) or 20.24 percent of the population, respectively. Furthermore, it is worthy to mention that the study participants have been victims not only in one area or location as abovementioned. They have been victimized in either one or more avenues and locations, as the case may be.

Place/Location of Harassment

Relationship may know no boundaries. A harasser or offender may come from one of the victim’s closest relatives, friends or respected mentors or bosses. The apparent animalistic and barbaric nature of humans sometimes may know no limits, hence, causing discomfort on the intended victim. Also, victims may not only be females or the young and the elderly but may include males and gay people.

As indicated in Table 3 that follows, of the sixty-five (65) respondents who have indicated that they were once or oftentimes been victims of sexual harassment, their offenders or harassers may be their significant other/s or maybe a stranger to them. The same table provides that some have been victimized by more than one perpetrator, hence, the multiple answers. Thirty-five (35) or 47.94 percent of sixty-five (65) individuals have been victimized by strangers or persons unknown to them. Likewise, friends or acquaintances and co-workers or superiors whom they respect may also be harassers representing nineteen (19) or 26.03 percent and twelve (12) or 16.44 percent, respectively. However, even persons whom one is intimate with can be an aggressor or offender. Of the responses, at least three (3) or 4.11 percent said the same.

Relationship with/to the Harasser

It is also a revealing fact as provided by the responses that the filing of a formal complaint relative to a harassment or unwanted sexual objectivization is far from reality. As shown by the pie chart (Figure 11) that follows, only two (2) or 3.08 percent of sixty-five of the study population are brave enough to file a formal complaint. The greater portion, representing sixty-three (63) of the total responses or 96.92 percent said otherwise. The reasons behind why such complaints or notifications were not filed are summarized in Table 5 below.

Filing of Harassment Complaint

In support to Figure 11, Table 4 below indicates where the formal complaints are filed. Of the two (2) brave responses, the victims have sought the help of the Philippine National Police (PNP) in the locality and the Human Resource Management Office (HRMO) of their place of employment to seek redress against their victimizers. It is also noteworthy to point out that based on the interview conducted with the Bacolod City Police Office (BCPO), victims of sexual harassment or abuse tend to not report nor file formal complaints against their abusers because of fear or abandonment and the apparent stigma brought about by the shameful incident. Likewise, all of the expert interviewees from the BCPO, DepEd and the Provincial Government of Negros Occidental revealed that victims tend to keep their mouths shut and forget about the incident because of the heightened fear and eventual consequence that may befall them due to the incident. Initial reporting of the incident to either the local PNP and other office or person of authority may be done which will eventually be withdrawn.

Where Formal Complaint was Filed

Moreover, ignorance to laws, policies and regulations is but a fact that cannot be denied. When asked, less than 25 percent of the surveyed population are very knowledgeable and informed of where a formal complaint against gender-based sexual harassment may be filed. According to Figure 12, seventy-seven (77) of the total surveyed have no or have minimal knowledge on where to file a formal complaint.

This is a very revealing fact and an eye opener that proves that there is a gap or barrier as to the level of information provided to the general population on how to protect themselves from any form of harassment that may be prevailing in today’s modern civilization. This fact is not only true in the Philippines but also apparent worldwide as provided by relevant studies and international laws and jurisprudence.

According to a representative from the Department of Education of Negros Occidental, proper information-dissemination is a key tool in ensuring that every Filipino, most especially the masses have access to the right information in relation to gender-based sexual harassment, specifically when and how to report complaints. Moreover, there should be a working knowledge on what gender-based sexual harassment is so as to be able to take active steps in preventing it. The BCPO representative added that every advocate and member of the government sector responsible for helping the victimized sector of society should be continuously and regularly trained on how to handle relevant cases including updates of relevant laws and statutes that may affect the implementation of how these cases will be handled.

Level of Knowledge on Where to File Formal Complaints

There are various reasons why incidence of gender-based sexual harassment will never be reported or filed. Table 5 below summarizes the reasons behind the non-filing of such. The non-recognition of the seriousness of the lived experience of gender-based sexual harassment is the foremost reason why complaints are not filed according to the respondents representing forty-one (41) or 29.93 percent of the total responses. Embarrassment, shame, and emotional difficulty ranks second according to the responses representing thirty-seven (37) or 27.01 percent. Furthermore, twenty-six (26) or 18.98 percent of the respondents added that they do not know where to go or whom to report their bad experience. Additionally, fear of negative consequences, fear of violation of confidentiality, feeling of helplessness or nothing can be done and not wanting the offender to get into trouble are among the other responses provided by the study participants.

Reasons Why a Formal Complaint on Harassment was Not Filed

Profile of Respondents from the Local Government Units (LGUs)

This section highlights the profile of the LGU-respondents all over the province. To ensure that this case study is comprehensive and best representative of the research framework itself, there was a need to survey and ask the wisdom of those belonging to the local government units (LGUs) in the province. Apparently, the researchers have recognized that the best persons who have the authority to provide certain needed information come from the actual persons-in-charge of the implementation and localization of the law itself including but not limited to concerned city or municipal employees and their partner national government agencies such as the DILG and the PNP.

Table 6 summarizes the different LGU-respondents including partner agencies who were selected as survey respondents in this study such as the city or municipal social welfare and development officers, city or municipal planning and development coordinators and their counterpart DILG field officers. Majority of the respondents come from the Department of the Interior and Local Government (DILG) representing fourteen (14) out of the twenty-three (23) responses. Moreover, seven (7) of the responses come from the local social welfare officers and one (1) local planning coordinator of the different cities and municipalities in the province. A member of the GAD Focal Point system of the province also provided a response to the questionnaire.

Because of devolution pursuant to the Local Government Code of 1991 (R.A. No. 7160), the social welfare and development officer now falls under the jurisdiction of the Local Chief Executive (LCE). It is the city or municipal social welfare officer or his or her assigned staff’s responsibility with the assistance and in partnership with the local planning office to ensure that LGU efforts include programs, projects and activities that localize the Safe Spaces Act (SSA). As an addition to PPAs addressing violence against women and children, human trafficking and sexual harassment, among others, the Safe Spaces Act is now required as one of the essential Gender and Development (GAD) mandate to be included in the LGU GAD Plan and Budget (GPB). With active LGU efforts together with that of the provincial government, there is an assurance that a safe space will be created for every person regardless of gender, gender identity, gender expression or gender preference.

Organization/Department of Origin of the LGU Respondents

To complete the profile of the LGU respondents, their place of assignment and length of service are summarized in Tables 7 and 8 that follow. A total of eighteen (18) different LGUs were surveyed including the province of which six (6) come from component cities and eleven (11) from component municipalities. At least one (1) representative comes from the target LGUs. It is important to notice that the Municipality of Manapla had three (3) responses representing 13.04 percent of the population who come from the DILG, the local planning office and the social welfare and development office.

Place of Assignment of the Respondents

As indicated by Table 8, most, if not all of the responses come from veteran LGU and NGA employees who had been in public service for more than eight (8) years. This data is indicative that they are knowledgeable in their fields of assignment and have dedicated their work life in ensuring that the different program, projects, and activities of the national government including relevant national statutes, laws and regulations through local ordinances have been incorporated to that of the LGU itself. However, experience in public service is not enough to ensure responsiveness to the different issuances of Congress including that of the different administrative departments who are tasked with issuing implementing rules and regulations. With the issuance of Joint Memorandum Circular (JMC) No. 2020-001 dated December 7, 2020 of the Department of the Interior and Local Government (DILG) and the Philippine Commission on Women (PCW) entitled “Guidelines on the Localization of the Safe Spaces Act”, there is no reason why the different local governments cannot incorporate such law and implement it in their area of responsibility through the legislative efforts of the Sangguniang Panlalawigan, Panlungsod or Bayan and executive actions of the Local Chief Executives.

Length of Service of the LGU Respondents

Implementation of the Safe Spaces Act in the Local Government Units (LGUs)

The issuance of DILG-PCW JMC No. 2020-001is now an assurance that every LGU throughout the country will localize the implementation of the Safe Spaces Act. Despite the delayed release of the localized guidelines due to the COVID-19 pandemic which has affected the entire globe, there is no longer a barrier to ensure that the SSA will not be rolled-out at the local level. Given that the local government units including the barangays are at the forefronts in dealing with incidence of gender-based sexual harassments, local authorities are now provided and equipped with policy guidelines that will allow them to address one of the pressing gender-based issues affecting people. With the SSA’s implementation at the local level, public places will more likely be considered a safe space for each and every person.

The issuance of R.A. 11313 or the Safe Spaces Act in 2019 has not been well publicized or may have been put at a standstill due to the global pandemic that took its peak in March 2020. As illustrated by the pie chart (Figure 13), there is an alarming low awareness by the members of the LGU on the existence of the aforesaid law. Of the twenty-three (23) respondents, only six (6) or 26.09 percent are aware of such law which was issued more than two (2) years ago. Only the Cities of Cadiz and Talisay and the Municipalities of Cauayan, Calatrava, Manapla and Pulupandan are aware of the law and more than 50 percent of the LGU-respondents are not aware. However, such ignorance or apparent unawareness does not excuse one from its salient provisions because ignorance of the law excuses no one from compliance thereof.

Awareness of the Existence of the Safe Spaces Act

Because of the ostensible poor awareness as to the existence of the said law, it is but obvious that only a few LGUs have rolled-out and incorporated the law in their local plans. Based on the responses, only the City of Cadiz and the Municipalities of Ilog, Calatrava and Manapla had rolled-out R.A. No. 11313 which represent only 30.43 percent of the twenty-three (23) responses received. Sixteen (16) respondents responded in the negative.

Thus, the timely release of the Safe Spaces Act localization guidelines on December 7, 2020 and the active campaign of the province of Negros Occidental during the 2020 18-Day Campaign to End Violence Against Women as mandated by Proclamation 1172, series of 2006 and as enshrined in the 1987 Constitution will pave the way for more visible and reactive efforts to incorporate efforts to combat, prevent, if not eliminate the existence of gender-based harassment against any individual, most especially among women, children, elderly and those who are considered members of the minor gender group such as the queers, transgenders or gay folks.

*multiple responses provided

Local Government Units Where the Safe Spaces Act has Been Rolled-out

Figure 15 and Table 9 that follow consistently paints this frustrating reality that the SSA has not been fully integrated into the local plans of the LGU. As revealed in Table 9, only seven (7) LGUs, namely Cadiz City, San Carlos City, Talisay City, Calatrava, Ilog, Manapla and Pontevera have integrated the provisions and mandate of the SSA into their GAD Plan and Budget which represents less than 50 percent of those surveyed and less than 50 percent of the LGUs in the entire province.

Local Government Units That Have Integrated the Safe Spaces Act to its GAD Plan and Budget and Allocated Funds for the Purpose

The GAD Plan and Budget which is one of the local plans of the LGU that outlines the program, projects and activities (PPAs) of the LGU, serves as one of the essential working documents required as attachment to the LGU’s appropriations ordinance which will authorize the spending of local funds as mandated by law. Given such importance, every LGU should not take lightly the need of the LGU to implement PPAs that are responsive to the need of the constituents. Every effort should be geared towards addressing relevant and pressing issues that directly or indirectly the citizens as a whole. According to the Provincial GAD Focal Point System, they will strictly check, and review submitted 2021 and succeeding GAD Plans and Budgets to ensure compliance and responsiveness of all identified LGU PPAs which should be in alignment to the provincial government’s campaign to ensuring that every Negrense feel safe wherever they may be from harassment which may come in any form and shape.

Local Government Units That Have Integrated the Safe Spaces Act in the GAD Plan and Budget and Allocated Funds for the Purpose

With the integration of the Safe Spaces Act in some of the 2021 LGU GAD Plan and Budget, it is important to take notice that the aforesaid seven (7) LGUs as enumerated in Table 9 above have included SSA advocacy campaigns, information, education and dissemination campaigns and training and capacity development initiatives as PPAs to address its GAD mandate pursuant to the provisions of the SSA and its localization guidelines. There were multiple responses for each of these three (3) important PPAs which will promote greater awareness and ensure adherence to a new law which will greatly affect and improve the standard of living of those affected population group and their significant others. With improvement in the lived experience of the affected sectors, the locality will be a safer environment to live in.

Figure 16 depicts the preference of the LGUs on information, education and dissemination campaigns and trainings and capacity development activities as an appropriate PPA in implementing the Safe Spaces Act with four (4) and five (5) responses, respectively representing 36.36 percent and 45.45 percent of the total.

Programs, Projects and Activities the LGUs have Integrated into the GPB

As the government agency tasked by the President of the Philippines to exercise general supervision functions over LGUs as provided in the 1987 Constitution and Local Government Code of 1991 (R.A. No. 7160), the DILG plays a key role in the implementation of the Safe Spaces Act nationwide. It is sad to note that not all of the respondents surveyed are aware of the role that this department play in ensuring the full implementation of the said act. As shown in Figure 17, thirteen (13) respondents responded in the affirmative while ten (10) responded in the negative which represents 56.52 percent and 43.48 percent of the total, respectively. Nevertheless, given the issuance of the Joint Memorandum Circular of the DILG and the Philippine Commission of Women (PCW), the LGU’s level of awareness will be broadened.

It will always be the role of the DILG to guide LGUs in complying with their different mandates pursuant to the Constitution, the Local Government Code and other laws and statutes. In the coming months and with the LGUs due to prepare their annual GAD Plan and Budget for the next budget year, the DILG will strengthen the incorporation of the SSA in all local plans in partnership with the provincial government through the provincial planning and development coordinator and the GAD Focal Point System. As key partner of the local officials in ensuring that the needs of the entire citizenry are met at the local level by complying with its mandate as enumerated in Section 9 of the law (R.A. No. 11313) and summarized in Table 10.

Awareness on the DILG’s Role in the Full Implementation of the Safe Spaces Act

According to R.A. No. 11313 otherwise known as the Safe Spaces Act, it is the DILG’s role to: (1) inspect LGUs if they have disseminated or posted in conspicuous places a copy of this Act and the corresponding ordinance; (2) conduct and disseminate surveys and studies on best practices of LGUs in implementing this Act; and (3) provide capacity-building and training activities to build the capability of local government officials to implement this Act in coordination with the Philippine Commission on Women (PCW). the Local Government Academy (LGA) and the Development Academy of the Philippines (DAP).

The survey revealed that as to the three (3) roles of the DILG, respondents are only aware of the one (1) of the three (3) roles of the DILG. Twelve (12) responses representing 92.31 percent of the total population said that they are aware that it is the DILG’s responsibility to inspect if the LGU has enacted an ordinance localizing the law and disseminating and/or posting both the national law and ordinance in conspicuous places in the locality. Additionally, one (1) respondent is aware that DILG has a key role also in providing technical assistance in the provision of capacity building and training activities which will ensure the implementation of the act.

Role of the DILG in the Full Implementation of the Safe Spaces Act

Due to the novelty of this Act, it is but normal that there are few reported cases relevant to violations of its provisions. As summarized by the figure that follows (Figure 18), two (2) out of the twenty-three (23) responses which represents 8.70 percent of the population are aware of reported cases. Only the City of Cadiz and Manapla answered in the affirmative while the rest in the negative. This is indeed a very revealing information that the lack of awareness on the matter will bar victims to report possible incidence.

In the coming months or years, the researchers believe that with active information, education and dissemination and advocacy campaigns, the Safe Spaces Act will be one of the vital laws gender-based sexual harassment victims may avail of. With the inherent negative stigma associated with victims of reported violence cases, the advocates of this law should ensure that the people at large most especially the vulnerable sectors of the population will be made aware that this law is not to be ignored with. It should be used to exercise their inherent right to equal protection and right of self-expression before the law as guaranteed by the Constitution.

Awareness on Reported Complaints in Relation to Violations of the Safe Spaces Act

In advocating R.A. 11313 or the Safe Spaces Act, people should also be made aware of the different government departments and local offices and rights advocate groups who can help them seek redress suffered from offenders. The Department of Social Welfare and Development (DSWD), the Department of Interior and Local Government (DILG), the Commission on Human Rights (CHR), the Philippine Council of Women (PCW), the Philippine National Police (PNP), and the local government units such as the province, city, municipal or barangay, among others are part of the referral groups who can assist them in seeking justice pursuant to this law.

Assistance and Referrals Made

It is sad to note that according to the two respondents from Cadiz City and Manapla who are aware of complaints filed pursuant to R.A. 11313, referrals were only made to the local police and local social welfare and development offices. In response to this, active efforts should be made to increase the citizenry’s knowledge on other possible referral groups who can help them combat and address gender-based sexual harassment, among others.

Moreover, the presence of advocacy groups in the locality who can provide support and assistance to gender-based sexual harassment victims should be paramount. Their presence in the locality should be made known. There are local advocate groups and localized national organizations present in Negros Occidental such as Pilipinas and Young Feminist Collective among others. As revealed in Figure 20 below, only four (4) or 17.39 percent of the LGU respondents are aware of the presence of local advocacy groups.

Awareness on the Presence of Advocacy Groups in the Locality

The Safe Spaces Act (SSA) or R.A. No. 11313 brought to light issues that were unnamed and left unaddressed by the Anti-Sexual Harassment Law of 1995 or R.A. No. 7877 by setting forward the issue of gender-based sexual harassment (GBSH) and providing solutions to prevent and address the issue.

The definition of sexual harassment under R.A. No. 7877 was limited as it only covered acts committed in work, educational, and training institutions. It also does not penalize sexual harassment acts committed in other spaces such as on the streets, restaurants and malls, public utility vehicles and other public spaces. R.A. No. 11313 expands the law on sexual harassment to cover verbal, non-verbal, and physical; thereby, securing all persons, regardless of sex, sexual orientation, and gender identity and expression, from all kinds of gender-based violence and discrimination.

Gender-based sexual harassment is indeed unnamed at the time of the drafting and the subsequent enforcement of the Anti-Sexual Harassment Law of 1995 or R.A. No. 7877 but this issue was not unknown. A significant amount of related foreign laws and statutes, literature and studies conducted in the Philippine setting and abroad prove that GBSH has been existing even before R.A. No. 7877.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the United Nations General Assembly in 1979. It defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in political, economic, social, cultural, civil or any other field”.

The Universal Declaration of Human Rights (UDHR) which was adopted by the UN General Assembly on December 10, 1948 in Paris serve as a roadmap to guarantee the rights of every individual anywhere. The key points mentioned in this Declaration are in Article 7, that is, “all are equal before the law and are entitled without any discrimination to equal protection of law” and Article 8 which states that “everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental human right granted to him by the constitution or by the law”.

The Ontario Human Rights Code (1990) defined GBSH as one type of sexual harassment. It is any behavior that polices and reinforces traditional heterosexual norms, used to follow traditional sex stereotypes, a bullying tactic, and is not generally motivated by sexual interest or intent but rather based on hostility. It is often used as an attempt to make the target feel unwelcome in the environment.

The Yogyakarta Principles are international principles concerning sexual orientation and gender identity considered as a universal guide to human rights affirming binding international legal standards with which all States must comply. The formulation of such document affirms the primary obligation of the State to implement human rights. These principles were brought about by impunity for crimes of violence against LGBT persons.

Gender-based sexual harassment according to the Safe Spaces Act can occur in various places: (1) in streets and public places including public utility vehicles; (2) through online and social media platforms; (3) at the workplace; and in educational and training institutions. It can be in the form of unwanted and uninvited sexual actions or remarks against any person, regardless of the motive for committing such action or remarks, acts that use information and communications technology in terrorizing and intimidating victims such as invasion of victim’s privacy through cyberstalking or incessant messaging, sharing without the consent of the victim any form of media that contains photos, voice or video with sexual content, unwelcome sexual advances, requests or favors that has or could have a detrimental effect on the conditions of an individual’s employment, education, job performance or opportunities, among others.

Through the Safe Spaces Act, previously unaddressed sexual harassment acts in a peer-to-peer and subordinate-superior set-up that happen in the workplace, GBSH acts perpetrated with the use of information and communications technology, and GBSH acts that occur in public utility vehicles are now punishable. It defined gender-based sexual harassment and expanded the scope of the Anti-Sexual Harassment Act or Republic Act No. 7877.

The Safe Spaces Act was signed and approved into law on April 17, 2019. Its Implementing Rules and Regulations (IRR) were approved on October 28, 2019. The Researchers focused on the awareness of the general community regarding the Safe Spaces Act and its implementation.

According to the data gathered, sixty-five (65) of one-hundred and two (102) respondents experienced GBSH in the form of unwelcome, unreasonable and offensive physical, psychological and emotional threats, unwanted sexual or sexist remarks and comments online or offline including invasion of privacy. This shows how rampant and common GBSH is in the Province of Negros Occidental. Of all the respondents, less than 25 percent rated themselves as very knowledgeable and informed of where a formal complaint against GBSH may be filed. An astounding number composed of seventy-seven (77) respondents have no or have minimal knowledge on where to file a formal complaint. This lack of awareness regarding it and where to file a complaint should such incident happen to someone has been a constant theme that the researchers faced, whilst, conducting this study. In an interview with a representative from the Bacolod City Police Office (BCPO), when asked regarding office experience in handling GBSH which was not addressed by the Safe Spaces Act, answered that R.A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination) and R.A. No. 9262 (Anti-Violence Against Women and Children), the laws that are usually used in addressing cases faced by their Women and Children Protection Center (WCPC), are still effective at the moment. He found it hard to determine momentarily what instances have not been addressed by the Safe Spaces Act because it is still a new law. However, he expects to see results in the next two (2) to three (3) years’ time.

During the interview conducted by the researchers with a representative from the Provincial GAD Focal Point System, she spoke in the same tenor as that of the interviewee from the Bacolod City Police Office, as she recognized the lack of awareness on the law and stated that it is still too early to pinpoint the existence of any gaps in its implementation. During the Women’s Month, they conducted Gender and Development (GAD) Webinars through Facebook Live and YouTube in the hope that awareness may be sowed by the attendees and would trigger action responses across the border from ordinary people to the employees and officials of the LGUs.

The respondent from the Department of Education of Negros Occidental also noted that proper information-dissemination is a key tool in ensuring that every Filipino, most especially the masses, have access to the right information regarding GBSH, specifically when and how to report the complaints. Moreover, efforts have been made to incorporate GAD concepts in their staff trainings and continuing professional education lessons. During her two (2) year tenure in her current position in DepEd-Negros Occidental, she has only encountered one (1) sexual harassment-related case. She is happy that there are not many complaints regarding sexual harassment because the existence of a complaint is an indicator that something wrong is going on in the field. She recognizes that this instance can be interpreted in two ways: (1) it could be that there indeed was a harassment case or (2) that there actually were several harassment cases, but the victims were not aware of their rights and/or did not have the courage to defend their rights through the raising of a complaint. Furthermore, she stressed that this is the reason why education must continue and must be cascaded down to the barangay level and the communities in general.

In the survey conducted by the researchers, there were several barriers identified that hindered the reporting of GBSH. Majority, representing 29.93 percent of the total responses are attributable to the non-recognition of the seriousness of their experience of gender-based sexual harassment. About 27.01 percent of the responses considered embarrassment, shame and emotional difficulty as a barrier to reporting while another 18.98 percent added that they did not know where to go or whom to report their bad experiences. Other responses included fear of negative consequences, fear of violation of confidentiality, feeling of helplessness, or nothing can be done and not wanting the offender to get into trouble.

The barriers put forth by the respondents in the study can be classified based on the form of oppression it takes on; it can be internalized, interpersonal, cultural or institutional. Internalized oppression happens when oppressed people internalize the ideology of inferiority. They experience disrespect interpersonally from members of the dominant group and eventually come to internalize negative messages about themselves. The respondents averring that they are helpless and that they do not want the offender to get into trouble may be caused by internalized oppression. On the other hand, interpersonal oppression is the idea that one group is better than the other, hence, they acquire the right to control the other. Cultural oppression is said to be the result of internalized privilege where people accept the belief in the inherent inferiority of the oppressed group as well as the inherent superiority or normalcy of the acts of the privileged group. Majority of the respondents who did not consider their experiences with GBSH as “not serious”, is the epitome of normalcy and the perceived justification of what should have been an intolerable act, more so now that a law addressing GBSH has been enacted. Lastly, institutional oppression caters to the idea that dominant groups and oppressed groups are present in the society because it is already embedded in the institutions of the society, be it in laws, the legal system, the police practice, in education, and in the hiring policies, among others.

As for respondents who are not aware of the places where they can report GBSH, there are ten (10) police stations within the vicinity of the City of Bacolod with Women and Children Protection Centers (WCPC) or Desks that can help assist them in the filing of complaint/s against a harasser or they may opt to file directly with the WCPC-BCPO headquarters as per an interview with the BCPO. All PNP stations have a WCPC desk which are readily available for victims of GBSH. According to the Rule XI, Section 41 of the Implementing Rules and Regulations of the Safe Spaces Act, the PNP, Women and Children Protection Centers/Desks shall act on and attend to all complaints covered under the law. They shall coordinate with Anti-sexual Harassment (ASH) enforcers or officers on the streets, security guards in private establishments open to the public and ASH officers in the government and private offices of schools in the enforcement of the provisions of the law.

The determination of the barriers to non-reporting of GBSH is necessary to combat GBSH. Hence, duties are imposed to secure the full implementation of the Safe Spaces Act. The researchers conducted a survey to gauge the current status of the ongoing localization of the Safe Spaces Act in Negros Occidental. With the issuance of the Department of Interior and Local Government (DILG) and the Philippine Commission on Women (PCW) Joint Memorandum No. 2020-001 dated December 7, 2020, guidelines on the localization of the Safe Spaces Act and its implementing rules and regulations particularly GBSH in streets and public spaces are provided.

Considering that the survey conducted by the researchers were done prior to the issuance by the DILG and the PWC of Joint Memorandum No. 2020-01 which provided guidelines to the localization of the Safe Spaces (SSA) Act, responses from the LGU inevitably displayed the low awareness on the existence of the SSA. In fact, out of twenty-three (23) respondents, only six (6) are aware of such law. Of those who were aware of the law, only 30.43 percent had it rolled out in their locality, namely, Ilog, Calatrava and Manapla.

The LGU’s role as expressly stipulated in the Safe Spaces Act is to: (1) inspect LGUs if they have disseminated or posted in conspicuous places a copy of the Act and the corresponding ordinance; (2) conduct and disseminate surveys and studies on best practices of LGUs in implementing the Act; and (3) provide capacity-building and training activities to build the capability of local government officials to implement the Act in coordination with the Philippine Commission on Women (PCW), the Local Government Academy (LGA) and the Development Academy of the Philippines (DAP). Unfortunately, according to the survey conducted, the respondents were only aware of one (1) of the three roles as enumerated above. Twelve (12) responses representing 92.31 percent of the total population said that they are aware that it is the DILG’s responsibility to inspect if the LGU has enacted an ordinance localizing the law and disseminating and/or posting both the national law and ordinance in conspicuous places in the locality. In addition, one (1) respondent is aware that DILG also has a role in providing technical assistance in the provision of capacity building and training activities which will ensure the implementation of the Act.

The Department of the Interior and Local Government (DILG) plays a key role in the implementation of the Safe Spaces Act across the country. As surveyed, thirteen (13) respondents out of twenty-three (23) are aware of the role their department plays in ensuring the full implementation of the Safe Spaces Act. With the promulgation of the Joint Memorandum Circular of the DILG and the Philippine Commission on Women (PCW), the LGU’s level of awareness is expected to be broadened and enriched.

With the LGUs due to prepare their annual GAD Plan and Budget for the next budget year, DILG is expected to strengthen the incorporation of the SSA locally in partnership with the provincial government through the Provincial Planning and Development Coordinator and the GAD Focal Point System.

The Safe Spaces Act effected necessary changes expected to break cultural norms and behaviors brought about by deep-seated institutionalized forms of oppression. Hence, raising awareness to the SSA and making sure that they are fully implemented are vital in addressing gender-based sexual harassment (GBSH). Legal policies are looked upon as catalysts of action, not inaction. Also, information-dissemination is an important vehicle in addressing GBSH, but it is not the only solution. Issues relative to these can only be fully addressed through the proper and full implementation of the law. Thus, various implementing agencies must work hand in hand to make sure that its IRR is properly localized, and the public be duly advised. It is only then that our policymakers will be able to pinpoint the possible gaps of the law and craft the necessary supplemental laws or make amendments accordingly.

RECOMMENDATION

The following recommendations were reached by the researchers after collating, analyzing and interpreting the data from the study:

For the Constituents . Through this study, the constituents in general will be able to educate themselves regarding gender-based sexual harassment (GBSH); the protection and remedies available to them through the provisions of the Safe Spaces Act; and, most specifically, familiarize themselves with the process of filing complaints relative to GBSH. As mentioned in this study and other related literature, GBSH is caused by deep-rooted beliefs that have been embedded in the Philippine culture and society. It is important that they remain inquisitive towards understanding issues such as gender-based sexual harassment as they may have experienced such but were unable to recognize it due to lack of awareness, more so, such acts are now punishable by law. This knowledge will not only be beneficial in protecting themselves but also in protecting their friends, family, and other people in the community.

For the Local Government Units (LGUs) .Data gathered in this study prove that there is still a lack of awareness concerning the Safe Spaces Act, the role of LGU’s in implementing such and incorporating the rules and regulations provided in the GAD Plan and Budget. With the issuance of the Joint Memorandum Circular of the DILG and the PCW last December 2020, it is expected that the provisions of the Safe Spaces Act will be rolled out accordingly. With the Safe Spaces Act introducing the concept of gender-based sexual harassment and setting forth policies to address it, LGU’s must make sure that the provisions of the law and its corresponding implementing rules and regulations (IRR) is amply localized to fit to the needs of the community in terms of assistance and support that they provide.

For the National and Local Legislators. The Safe Spaces Act expanded the Anti-Sexual Harassment Law of 1995 in multiple facets, hence, the possibility of gaps in the law in lieu of its novelty. National and local legislators must coordinate with the implementing agencies to determine these possible gaps and barriers that they may experience so that they may be able to address them accordingly. Local legislators, as forerunners in localizing the law, must create ordinances that will guide its constituents in seeking redress for any violation of such law. If possible, they should involve the local community to engage in talks or forums so as to craft ordinances that effectively addresses and caters to real experiences of their constituents and the community as a whole, thereby, bringing the law closer to the people.

For the Employers and Heads of Public and Private Offices and Institutions. Under the Safe Spaces Act, employers and heads of office of private institutions including those of educational and training institutions are mandated by law to prevent, deter or punish, as the case may be, acts of GBSH. To this, they must be fully compliant. For purpose of reference, the duties of employers are enumerated in Rule 6, Section 19 of the Implementing Rules and Regulations (IRR) of the Safe Spaces Act, the duties of heads of office of private institutions in Rule 3, Section 6 of the same and the duties of school heads and heads of training institutions in Rule 7, Section 27 of the same. Corresponding liabilities are also provided for in case of non-implementation of their duties and failure to act on a reported case/s of GBSH. Under Rule 8, Section 32 of the IRR of the SSA, employers from the public and private sector, heads of the educational and training institutions shall develop a Code of Conduct in consultation with various stakeholders as enumerated in the said provision.

For Future Researchers. This study was conducted by the researchers to start the conversation and increase the awareness regarding the Safe Spaces Act and gender-based sexual harassment (GBSH). This law is still new. More research must be done to pinpoint the factors that cause GBSH acts to plague Philippine society and there may be other barriers to its non-reporting which are yet to be discovered. As previously discussed, GBSH is a product of oppression, of the idea that one group is superior to the other. Only time will tell whether internalized beliefs, attitudes and behaviors contributing to GBSH may be undone through the promulgation of this law as it is still in its early stages towards full implementation. Before then, researchers must continuously seek to raise awareness on GBSH and work closely with concerned sectors towards strengthening the Safe Spaces Act such as the conduct of research such as this.

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ACKNOWLEDGMENT

This research paper/thesis has been a product of so many sleepless nights, anxious, and restless days. Despite the pressures, demands and confusion, the researchers were able to successfully finish their most treasured work.

The researchers would like to sincerely extend their wholehearted gratitude to the people who in one way or another gave their support, assistance and guidance, enabling them to realize this paper. This would not have been made possible without their instructor, respondents, parents, siblings, relatives, friends, classmates and significant others. It is but right to give thanks to significant contributors and supporters, thus their sincerest and profound gratitude to:

Atty. Jocelle B. Sigue , their instructor in Law 105 (Legal Research and Thesis Writing), for her continued guidance in helping them shape and complete this paper, for her support, feedback and patience. The researchers could not have done and made it this far without her.

The Respondents from the Bacolod City Police Office, the Department of Education, the Provincial Government of Negros Occidental, the different LGUs in the province and the random study participants , thank you for the pleasant accommodation and taking time to answer all the researchers’ queries. Without each of their cooperation and honest responses, this paper would not have materialized. The researchers are grateful for the opportunity and time each and every one has set aside to assist them in crafting this work.

Hurricane and Dina Remoto and Jeremias and Susetta Villalobos , their parents, who have all the way supported them emotionally, physically, and financially. Thank you for believing and trusting in them. Their faith in them gave them the confidence and perseverance to achieve their goals.

Their siblings, nephews cousins, friends, and significant others , thank you for never leaving their side and believing in them even. Thank you for challenging them to do their best.  Their presence, support, encouragement and belief allowed them to endure the stress each of them experienced and it made finishing this paper rewarding and worthwhile.

USLS Law School Classmates and Batchmates , for their friendship, reassurance and support. This law school journey will never be meaningful without all the shared experiences and the good times spent together.

The Almighty Father , for giving them the physical, mental and emotional strength to finish this study.  He is the source of every bit of wisdom that they possessed.

Ana Katrina Bianca W. Remoto

Garcela A. Villalobos

GLOSSARY OF TERMS

Asexual. An individual who feels little to no sexual attraction but may be attracted romantically to others, an umbrella term for individuals within the asexual spectrum.

Bisexual. An individual who is sexually attracted and/or romantically attracted to one’s own gender as well as other genders.

Bullying . Unwanted and aggressive behavior involving a real or perceived power imbalance.

Catcalling . Unwanted remarks directed towards a person, can be done in the form of wolf-whistling and misogynistic, transphobic, homophobic, or sexist slurs.

Common Carriers. Persons, corporations, firms, or associations engaged in the business of carrying or transporting passengers or goods or both for compensation.

Cyberstalking. Stalking through a form of electronic medium in which online communication takes place.

Demisexual. An individual who only experiences sexual attraction after an emotional connection is formed.

Employee. A person who in exchange for remuneration agrees to perform specified services for another person, who exercises fundamental control over work regardless of the terms or duration of agreement.

Employer (Public Sector). Head of government agencies, divisions, subdivisions, or instrumentalities including government-owned and controlled corporations with or without an original charter, or state universities or colleges with a regional charter which exercises control over an employee.

Employer (Private Sector). A person who exercises control over an employee, for the purpose of the Safe Spaces Act, the status or conditions of the latter’s employment or engagement shall be disregarded.

Gender-based online sexual harassment. Online conduct targeted at a particular person that causes or likely to cause mental, emotional or psychological distress, fear of personal safety, including, unwanted sexual remarks or comments, threats, uploading or sharing one’s photos without consent, audio and video recordings, cyberstalking and online identity theft.

GAD Plan and Budget. Document required as attachment to the LGU’s appropriations ordinance which will authorize the spending of local funds as mandated by law.

Gender-based Harassment . Any act that reinforces traditional heterosexual norms, generally not motivated by sexual interest or intent but rather based on hostility and is often an attempt to make the target feel unwelcome in the environment.

Gender. Attitudes, feelings, behaviors that a given culture associates with a person’s biological sex; behavior that is compatible with cultural expectations is referred to as gender‐normative; behaviors that are viewed as incompatible with these expectations constitute gender non‐ conformity.

Gender Expression. External manifestations of gender expressed through one’s name, pronouns, clothing, haircut, behavior, voice or body characteristics.

Gender Identity. Internal sense of gender.

Hegemonic Experiences. The experience of having a dominant group assert control over another group or individual.

Harasser. Perpetrator of harassment.

Heteronormative Gender Roles . Conformity of a person’s behavior to the cultural expectations to gender.

Heterosexual. An individual attracted to the opposite sex.

Homosexual. An individual attracted to the same sex; outdated clinical term considered offensive and derogatory as it is linked to the clinical history of treating attraction to the same sex as a disorder or disease.

Institution. Standardized patterns of social behavior (e.g family, education, religion, economy and work, government etc.).

Internalized Oppression. A form of oppression which happens when oppressed people internalize the ideology of inferiority, experience disrespect interpersonally from members of the dominant group and eventually come to internalize the negative messages about themselves.

Internalized Privilege. Acceptance of the belief in the inherent inferiority of the oppressed group, likewise, the inherent superiority of the dominant group; Results to the sense of entitlement of the dominant group.

Interpersonal Oppression. A form of oppression supporting the idea that a particular group is better than the other, hence, that group earns the privilege of control over the other group. This gets structured in institutions, thereby, giving permission to the individual members of the dominant group to disrespect the oppressed group.

Local Government Unit . Acronym, LGU; oversees local governance in the Philippines; responsible for providing direct and basic services to people and ensuring peace and order in communities.

LGBTQ+ . An encompassing term embracing individuals situated in different parts of the spectrum as per their sexual orientation, gender identity and gender expression among others,  a commonly used acronym which stands for Lesbian, Gay, Bisexual, Transexual, Queer and other non-heterosexual orientation, Q may also be referred to as ‘Questioning’ or those who are still questioning their sexuality.

Male. An individual typically capable of producing the male gamete or sperm.

Negrense . People who reside in Negros Island.

Programs, Projects, and Activities. LGU’s means of planning implementation to meet a certain goal such as the full implementation of a law like the Safe Spaces Act.

Queer. An umbrella term that individuals may use to describe a sexual orientation, gender identity or gender expression that does not conform to dominant societal norms.

Sex Assignment At Birth. A person’s biological status, categorized as male, female, or intersex.

Sexual Harassment . Unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical.

Sexual Orientation. Romantic and sexual attraction towards other sexes or gender

Social Media Platforms . Websites or applications that allow communication among various people, find other people, share the same interests, among others (e.g. Facebook, Twitter, Instagram).

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International Review of Social Sciences Research

ISSN 2782-9227 (Print) 2782-9235 (Online)

Context of Sexual Harassment among Junior and Senior High School Students

Gelbert a. llanto, jennifer a. valdez & richie rosas velasquez, volume 3 issue 1, march 2023.

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Sexual harassment is an issue that happens ubiquitously in schools committed verbally or physically with anyone as victim regardless of gender. With the occurrence of such crime, this study assessed the students’ perception on sexual harassment, physical, verbal or mixed, the legal methodologies and policy employed by the concerned schools in implementing the different programs and instructions, and the characterization of the nature of work and the working conditions of different participating institutions. This study utilized descriptive-quantitative research design using a purposive sampling technique. Data were analyzed using frequency and percentage, and average weighted mean. Results disclosed that students unanimously agree on sexual harassment in various forms but apparently not aware verbal and non-verbal acts. The results further showed that students rarely get educational information about sexual harassment from their parents and institutions but noted the importance of faculty, administration, and student cooperation to prevent it. Hence, there are students who experienced incidents of sexual harassment in school premises but majority of them did not report it due to fear and culture of victim blaming. Similarly, the majority of the respondents confirm there are no programs, regulations, and instrumentalities to prevent sexual harassment in their school. With the alarming results, the study developed a training module to be implemented as an extension project to capacitate students and help institutions draft a mechanism in handling such cases.

Keywords: Sexual Harassment, High School, Sexual Harassment in Schools, Student Awareness

Alexander, M. L. S. (2020).  Lived Experiences of Sexual Violence in Tondo, Manila, Philippines Envisioning Change Through Body Mapping  (Doctoral dissertation, Faculty of Graduate Studies and Research, University of Regina).

Apriliana, I. P. A. (2018). The Role of School Counsellor to Handling Student Sexual Harassment Behavior in the School.  International Journal of Research in Counseling and Education ,  2 (1), 6-12.

BARONIA, J. M. B. (2020). Perception of Elementary School Heads and Teachers on Child Protection Policy in Private Schools in Tanauan City Division.  IOER International Multidisciplinary Research Journal ,  2 (2), 35-45.

Bendixen, M., Daveronis, J., & Kennair, L. E. O. (2018). The effects of non-physical peer sexual harassment on high school students’ psychological well-being in Norway: Consistent and stable findings across studies.  International journal of public health ,  63 (1), 3-11.

Binder, R., Garcia, P., Johnson, B., & Fuentes-Afflick, E. (2018). Sexual harassment in medical schools: the challenge of covert retaliation as a barrier to reporting.  Academic Medicine ,  93 (12), 1770-1773.

Budden, L. M., Birks, M., Cant, R., Bagley, T., & Park, T. (2017). Australian nursing students’ experience of bullying and/or harassment during clinical placement.  Collegian ,  24 (2), 125-133.

Cantalupo, N. C. (2019). And even more of us are brave: intersectionality & sexual harassment of women students of color.  Harv. Women’s LJ ,  42 , 1.

Edgar, C. (2020). A Preponderance of the Evidence: The Appropriate Standard in Title IX Sexual Harassment Proceedings.  Admin. L. Rev. Accord ,  6 , 85.

Gabriel, A. G. (2017). Drawing the Demarcation Line: An Analysis of Sexual Harassment in Selected Learning Institutions in Nueva Ecija, Philippines Using Blumer’s Interactionism Model.  Open Access Library Journal ,  4 (01), 1.

Gruber, J., & Fineran, S. (2016). Sexual harassment, bullying, and school outcomes for high school girls and boys.  Violence Against Women ,  22 (1), 112-133.

Hand, J. Z., & Sanchez, L. (2000). Badgering or bantering? Gender differences in experience of, and reactions to, sexual harassment among US high school students.  Gender & Society ,  14 (6), 718-746.

Hill, C., & Silva, E. (2005). Drawing the line: Sexual harassment on campus. American Association of University Women Educational Foundation, 1111 Sixteenth St. NW, Washington, DC 20036.

Jenner, S. C., Djermester, P., & Oertelt-Prigione, S. (2020). Prevention strategies for sexual harassment in academic medicine: a qualitative study.  Journal of interpersonal violence , 0886260520903130.

Karami, A., White, C. N., Ford, K., Swan, S., & Spinel, M. Y. (2020). Unwanted advances in higher education: Uncovering sexual harassment experiences in academia with text mining.  Information Processing & Management ,  57 (2), 102167.

Khan, M. B. U., & Shathi, I. J. (2018). Nature of Sexual Harassment Against the Female Students of Bangladesh: A Cross-Sectional Study in Tangail Municipality.  International Journal of Social and Administrative Sciences ,  3 (2), 73-82.

Li, J., & Craig, W. M. (2020). Adolescent sexual harassment, shame, and depression: do experiences of witnessing harassment matter?  The Journal of Early Adolescence ,  40 (5), 712-737.

Lodico, N., Spaulding, D., & Voegtle, K. (2006). Methods of Educational Research . John Wiley & Sons, Inc.

López, V., García-Quiroga, M., Benbenishty, R., González, L., Squicciarini, A. M., & Sánchez, P. (2020). Sexual harassment by peers in Chilean schools.  Child abuse & neglect ,  107 , 104602.

Magaji, A. B., Ikhide, J. E., Timur, A. T., & Timur, S. (2019, September). Sexual Harassment in Higher Education: Students’ Perceptions and Attitudes. In  Global Joint Conference on Industrial Engineering and Its Application Areas  (pp. 40-50). Springer, Cham.

Mateo-Babiano, I. B., Gaabucayan-Napalang, M. S., & Abuzo, A. (2020). Manila, Philippines. In  Transit Crime and Sexual Violence in Cities  (pp. 63-71). Routledge.

Miller Jr, E. M., & Mondschein, E. S. (2017). Sexual harassment and bullying: similar, but not the same. What school officials need to know.  The Clearing House: A Journal of Educational Strategies, Issues and Ideas ,  90 (5-6), 191-197.

Pellegrini, A. D. (2002). Bullying, victimization, and sexual harassment during the transition to middle school.  Educational psychologist ,  37 (3), 151-163.

Phillips, S. P., Webber, J., Imbeau, S., Quaife, T., Hagan, D., Maar, M., & Abourbih, J. (2019). Sexual harassment of Canadian medical students: a national survey.  EClinicalMedicine ,  7 , 15-20.

Ponmalar, N. A. (2017).  The influence of individual and organisational factors on the intention to report sexual harassment/Ponmalar N Alagappar  (Doctoral dissertation, University of Malaya).

Rinehart, S. J., & Espelage, D. L. (2016). A multilevel analysis of school climate, homophobic name-calling, and sexual harassment victimization/perpetration among middle school youth.  Psychology of Violence ,  6 (2), 213.

Rolfe, S. M., & Schroeder, R. D. (2020). “Sticks and stones may break my bones, but words will never hurt me”: Verbal sexual harassment among middle school students.  Journal of interpersonal violence ,  35 (17-18), 3462-3486.

Sales, J., & Krause, K. (2017). Schools must include faculty and staff in sexual violence prevention efforts.  Journal of American college health ,  65 (8), 585-587.

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Thapalia, R., Dhungana, R. R., Adhikari, S. K., & Pandey, A. R. (2019). Understanding, experience and response to sexual harassment among the female students: a mixed method study.  Journal of Nepal Health Research Council ,  17 (4), 424-30.

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Cite this article:

Llanto, G.A., Valdez, J.A. & Velasquez, R.R. (2023). Context of Sexual Harassment among Junior and Senior High School Students. International Review of Social Sciences Research, 3 (1), 125-141. https://doi.org/10.53378/352973

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7 in 10 girls and young women in PH experience online harassment – Plan International study

16 OCTOBER 2020

by Aly Narvaez

October 11, MANILA— A new global research by girls’ rights organization Plan International reveals that more than half— or 58 percent— of girls and young women worldwide have been harassed or abused online.

Launched on October 11 in celebration of the International Day of the Girl, the report  Free to be online? Girls’ and young women’s experiences of online harassment  is based on a survey and in-depth interviews of over 14,000 girls aged 15 to 24 in 31 countries including the Philippines. 

The largest study of its kind, the report shows that girls who use social media in high and low-income countries alike are routinely subjected to different forms of online harassment and violence such as threats of sexual violence, sexual harassment, threats of physical violence, Anti-LGBTIQ+ comments, racist comments, body-shaming, purposeful embarrassment, stalking, and abusive and insulting language. 

In the Philippines, the survey reveals that nearly 7 in 10, or 68 percent, of girls and young women have experienced online harassment, specifically on social media. Majority of these girls also revealed that the harassment happens frequently (50 percent) or very frequently (33 percent). 8 out of 10, or 79 per cent, said that they or other girls they know have received threats of sexual violence on social media.

Further, majority (67 percent) of the Filipino girls and young women surveyed said that they were harassed by people they know.

“The high incidence of online violence against girls and young women is alarming. In this global pandemic and in an increasingly digital world, girls are more at risk than ever,” says Mona Mariano, Gender Specialist of Plan International Philippines. “We must understand that it may also impact girls’ lives offline. Experiencing harassment or abuse online may take a huge toll on a girl’s confidence and wellbeing.”

The research shows that in the Philippines, girls and young women who identified themselves as having at least one intersecting characteristic (being from an ethnic minority, identifying as LGBTIQ+ or living with a disability) are more vulnerable to online violence. 

The study also reveals that while the survey was conducted across multiple continents, girls and young women share similar experiences of online harassment and discrimination. Majority of the girls and young women surveyed believe that the COVID-19 pandemic has made being online more important, but falling victim to online violence has been limiting their freedom of expression, driving them out of digital spaces, and leaving them emotionally stressed and feeling unsafe.

“Online violence is disempowering girls. They’re being shut out of a space that plays an important part in fulfilling their potential to thrive and become leaders,” continues Mariano.

Equal freedom for girls and young women

As a response, Plan International launched its #FreeToBeOnline global campaign which calls for ending online violence and upholding the digital rights and freedom of girls and young women.

Advocating for a whole-of-society approach, Plan International highlights in its campaign the important roles of governments, private sector especially tech and social media companies, civil society, and communities in recognizing the harm caused by online violence against girls and young women, promoting digital citizenship education, reporting abuse, crafting and implementing inclusive policies and laws, and amplifying girls’ voices.

“Everyone has a role to play in ending gender-based violence online. The government, social media companies, our families and communities— and young people themselves— have enormous power and potential to stop this,” says Mariano.

As part of the campaign, girls around the world have also written an open letter to social media companies, urging them to create stronger and more effective ways to report abuse and harassment.

The global research and campaign are part of  Girls Get Equal , Plan International’s movement for a world where girls and young women have the power to be leaders and shape the world around them.

“Girls will only get equal if we remove barriers to their meaningful participation in the digital world and make online spaces safe for them.”

Media Contact:

Aly Narvaez

Communications Specialist-Media Relations, Plan International Philippines

Email:  [email protected]

Phone: +63 998 962 2399

Editor’s notes

• As part of Girls Get Equal, girls and their allies around the world have written an open letter calling on social media companies to create ways to report abuse and harassment that really work.
• Research for  Free to be online? Girls’ and young women’s experiences of online harassment  was carried out in 31 countries. This includes a survey of 14,071 girls and young women on behalf of Plan International by Kantar and Ipsos between April 1 and May 5, 2020, and an additional series of in-depth interviews. Kantar and Ipsos surveyed girls in Australia, Benin, Brazil, Canada ,  Colombia, Dominican Republic, Ecuador, Germany, Ghana, Guinea, India, Indonesia, Japan, Kenya, Netherlands, Nigeria, Norway, Philippines, Spain, Thailand, USA, Zambia. Girls were asked about their experiences of using Facebook, Twitter, Instagram, Tik Tok, Snapchat, WhatsApp, WeChat, YouTube and Line.

Girls Get Equal, Gender-based violence

Related pages

Turning the world around, plan international philippines adopts declaration to support girls’ political participation, equal power now: youth manifesto (philippines).

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National study on online sexual abuse and exploitation of children in the philippines, a qualitative study with key findings and recommendations on how to protect children and address osaec in the philippines.

This study jointly conducted by the Department of Social Welfare and Development and UNICEF aims to inform the development of prevention programmes, policy advocacy, and/or review of existing policies by government and key stakeholders that respond to the online sexual abuse and exploitation of children (OSAEC) in the Philippines.

It aims to broaden the understanding about the different modalities on how OSAEC is operationalized, patterns, and trends of Information and Communications Technology-facilitated child sexual abuse (e.g. perpetrator initiates contract through chat room and abuses the child offline) and online sexual exploitation of children in the country (i.e. live streaming, production, distribution and possession of child abuse materials).

The study seeks to explore and establish findings on the following aspects:

• Role of the private sector on OSAEC
• Experiences and challenges encountered by law enforcement agencies
• Describe the characteristics and effects of OSAEC on victims
• Describe the characteristics of offenders

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• Published: 11 June 2021

Perception and experiences of sexual harassment among women working in hospitality workplaces of Bahir Dar city, Northwest Ethiopia: a qualitative study

• Mulugeta Dile Worke   ORCID: orcid.org/0000-0003-2540-9809 1 ,
• Zewdie Birhanu Koricha 2 &
• Gurmesa Tura Debelew   ORCID: orcid.org/0000-0002-6216-3804 3  

BMC Public Health volume  21 , Article number:  1119 ( 2021 ) Cite this article

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Workplace sexual harassment is a public health problem that depends on gender, context, and perceived ideology. Although studies have documented the prevalence and consequences of workplace sexual harassment worldwide, victims’ perceptions and experiences are still poorly understood in low and middle-income countries, particularly Ethiopia. Female workers in the hospitality industry, including hotels, bars, restaurants, fast-food restaurants, and cafeterias, are particularly affected. Hence, this study aimed to explore sexual harassment perceptions and experiences among women working in these workplaces.

An exploratory qualitative study was conducted from 1 January to 30 August 2019. Data were collected from female employees and key informants from several hospitality workplaces in Bahir Dar City. Data were collected through focus group discussions, in-depth interviews, and key-informant interviews. Women who experienced sexual harassment were selected using the snowball method, and key informants were recruited purposefully. Six focus group discussions, ten in-depth interviews, and thirteen key informant interviews were conducted. Data were analysed using the ATLAS ti version 8.4.24.

In this study, most participants perceived that sexual harassment is pressuring, threatening, touching, abducting sexual advances, and experiencing verbal, physical, and non-verbal types. Similarly, the perceived risk factors were related to the organisations, the customers, and the victims, with the consequences being work-related, health-related, financial-related, and family-related.

Conclusions

Workplace sexual harassment in hospitality workplaces is poorly understood, but many women experience it. A variety of factors also caused it, and it influenced both organisations and people. Public awareness programs, pre-service preparation, in-service training, prevention, and psychosocial support are needed. Similarly, policies and strategies for the organisations should be developed and implemented.

Peer Review reports

The world is looking better for women because of a decline in early marriage, increased involvement in leadership and politics, gender equality by reforming legislation, and 39% inclusion in the workforce [ 1 ]. However, despite their achievements, they continue to face challenges concerning sexual and reproductive health and rights. Workplace sexual violence (WSV) is one of the most serious sexual and reproductive health issues [ 2 ]. According to our systematic review and meta-analysis, workplace sexual harassment (WSH) is the most common form of WSV [ 3 ]. It has been viewed from legal, psychological, and public perspectives [ 4 , 5 ]. It is defined objectively in the legal context while subjectively explaining it from a the psychological perspective [ 6 ]. This research focuses on the experiences of WSH victims and describes WSH from a psychological perspective. Accordingly, WSH includes unwelcome verbal, non-verbal, or physical sex-related conduct that the recipient views as offensive and has a detrimental effect on the victim’s well-being and work performance [ 7 , 8 ].

The persistence and pervasiveness of workplace sexual harassment and its implications in various workplaces have been  well documented in the literature [ 9 , 10 , 11 , 12 ]. Women are disproportionately affected by WSH due to their working status, the type of work they do, and the conditions in the field they work in [ 2 ]. This issue may also harm their safety, health, and well-being [ 2 , 12 ]. Emotional, psychological, professional, and health-related effects can occur [ 12 , 13 ], resulting in costs worldwide, especially in low and middle-income countries [ 14 ]. Thus, well-established social assets, including social networks and tailored reproductive health knowledge, are needed to decrease WSH vulnerability [ 15 ]. Consequently, the Sustainable Development Goals [ 1 ], United Nations women and the International Labour Organization acknowledged this issue. These organisations also called for fundamental reform to ensure that all women have safe, secure, and respectful work environments [ 2 ].

Nevertheless, given the increasing number of hospitality industries, more women enrolment than men, and the more precarious nature of the job [ 16 ], there is a concern about WSH prevalence and the severe consequences [ 2 ]. This is a global problem because of young and minor employees with income instability, stress, and dependence on supervisors, managers, and customers. On the other hand, those working in low and middle-income countries’ hospitality industries are particularly unorganised and vulnerable [ 17 ]. Similarly, because of the differences in understanding, experience, perceived risks, and implications based on factors such as gender, background, and perceiver ideology, the WSH is still a debatable and unsettled problem worldwide, especially in low and middle-income countries [ 12 , 18 ].

As a result, studies have reported that WSH is a severe public health concern that affects 42% of women working in hospitality jobs in the United States [ 19 ], 74.6% in 27 European countries [ 20 ], 89% in Australia [ 21 ], 50% in the Nordic Region [ 22 ], and 60% in Taiwan [ 23 ]. It is also a significant public health issue in Sub-Saharan African hospitality workplaces, such as Accra, Ghana [ 11 , 24 ] (49.4%), Cameroon (98.8%) [ 25 ], Zimbabwe (78%) [ 8 ], and South Africa (14%) [ 26 ].

Precarious jobs [ 27 , 28 , 29 , 30 ], sexually objectified environment [ 31 , 32 ], tolerance of sexual harassment [ 33 , 34 , 35 ], psychosocial safety climate [ 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 ], and complaint procedures have also been related to WSH [ 16 , 17 , 18 ]. In China, studies have revealed that tradition [ 44 ] and abusive supervision are linked to service performance [ 45 ] and WSH. Employees’ socio-economic status [ 46 ], workplace culture [ 31 ], unmet expectations of employees, inefficient organisational management, inappropriate professional communication, factors related to employees [ 47 ], and customers, supervisors, and co-workers [ 48 ] have all been established as predisposing factors for WSH. A recent review also summarised the causes as structural (e.g., causes related to the tourism sector structure and the nature of its employment), managerial, and widespread beliefs and norms in hospitality workplaces [ 17 ]. Previous research, on the other hand, had left out the employee and agent/broker considerations.

Furthermore, literature shows that [ 6 , 17 , 49 ] employees in various occupations are exposed to WSH from customers, co-workers, supervisors, and subordinates [ 50 , 51 ]. These, in turn, affect organisations and each victim [ 5 , 50 ] and are  widely viewed as a significant and prevalent problem, especially in occupations involving interpersonal contacts [ 49 , 52 ]. There is still a gender, context, and ideology-based disparity in understanding, experience, and coping strategies in these occupations [ 18 ], and there are no validated measures to gain in-depth insights into hospitality WSH. As a result, recognising local perceptions, interactions, causes, and implications and valuing the status with validated resources helps meet international development agendas.

Despite immense pressure on WSH, advancements in policy development, and extensive research, WSH persists. Subsequently, the extent of the problem underlines the need for further research. However, the research on incidence rates can fail to accurately characterise the reality that confounds the WSH definition [ 18 ] owing to the lack of agreement on the WSH definition [ 4 ] and the misunderstanding of WSH terminologies. Some research has focused on the effects of WSH on mental and behavioural well-being, employment, and physical health. However, the reproductive health effects of WSH, such as transactional sex, commercial sex work, sexually transmitted infections (STIs), including HIV, and menstrual disorders, are rarely recognised and are not well understood. Consequently, this problem deters women’s capacity, which nearly mobilises half of the world’s business and endangers nearly all international Agendas’ attainability.

Likewise, in Ethiopia, although proclamation number 414/2004 prohibits WSH and prescribes simple imprisonment for the perpetrator [ 53 ] and is considered a prohibited act of workplace under proclamation number 1156/2019 [ 54 ], WSH in the hospitality workplace has been a secret issue until recently [ 3 ]. Only a few studies among commercial sex workers [ 55 , 56 ], health care providers [ 57 , 58 , 59 ], restaurant workers [ 60 ], university students [ 61 ], female faculty and staff [ 62 ], and female civil servants [ 63 ] in limited areas have reported the level of workplace sexual violence. However, none of these studies considered people’s perceptions, experiences, and perceived risks of WSH. Moreover, although these concerns are essential for developing successful WSH prevention programs for women employed in the hospitality industry, most initiatives to mitigate reproductive health issues such as HIV/AIDS, unsafe abortion, and unintended pregnancy did not include WSH. Thus, this study aimed to explore women’s perceptions and experiences with WSH in the city administration’s hospitality workplaces in northwestern Ethiopia.

Study setting

This exploratory study was conducted in Bahir Dar city, Amhara national regional state capital, Ethiopia. Most hospitality workplaces are situated in the town, mainly because recreational centres are favourable for enjoyment. According to the Bahir Dar Special zone report in 2018/19, the Bahir Dar population is 356,757 (296, 532 urban, and 60,225 rural), of which 187,918 were female. It is one of the tourist destinations in this region. The number of people eating, drinking, and enjoying outside their homes is expected to increase, demanding more hotels, restaurants, and cafeterias. The estimated average size of female employees working in these different hospitality workplaces ranged from 12 to 40. Hospitality workplaces, such as hotels, bars, restaurants, fast-food establishments, cafeterias, and taverns, were chosen as the setting for this research. Hospitality jobs are customer service positions in hotels, restaurants, events, and other tourism industry areas. The hospitality workplaces where the participants were recruited were hotels, bars, restaurants, fast-food establishments, and cafeterias.

Study design

An exploratory qualitative design was also conducted. In-depth interviews (IDIs) and focus group discussions (FGDs) were conducted to explore the individual and group perspectives of WSH’s experiences during work. On the other hand, key informant interviews (KIIs) were conducted to gain an in-depth understanding of the WSH’s issue at work from hospitality workplace supervisors/managers, cashiers, and customers.

Study participants

Women employees who had at least 6-months of working experience in the hospitality industry and experienced workplace sexual harassment while serving in the workplace within the last 6 months were included in this study. The participants worked in hospitality workplaces in the study area. After identifying the first women, women who worked in hospitality workplaces and experienced WSH were identified and contacted using the snowball method. Non-governmental organisations’ community workers living in the city where the study participants live help us reach them. Further, Key informants were recruited purposefully to gather evidence that supplements women employees’ ideas. The enrolment of the study participants was continued until the data was saturated. Those customer key-informants who had a physical and mental illness that deterred their communication ability were excluded from the study.

Sample size and sampling techniques

Ten IDIs and six FGDs were conducted with female employees to understand their experiences. A total of 35 female employees participated in the focus group discussions. Two FGDs each had five participants, one FGD had seven, and three FGDs each had six. The additional sampling progression was stopped based on information saturation. Based on a criteria-based purposeful sampling, 13 KIIs (five male managers, four female cashiers, and four male customers) were selected and interviewed. The selection criteria were serving more than 6 months in a hospitality workplace with more than six female employees (managers, cashiers) and those perceived as regular customers by the employees.

Data collection

Data were collected from 1 January to  30 August 2019. The information was gathered through a variety of methods and sources. For a more in-depth understanding of the phenomenon, several data collection approaches have been used.

The interview guides were intended to have discussions with the study participants. The participants’ questions to elicit the WSH experience were: whether they had faced any activities that made them uncomfortable. The guides for IDIs and FGDs were similar, but a distinct interview guide was developed for KIIs. The issues discussed in IDIs and FGDs were women’s views and perspectives, while the issues discussed in KIIs were for a more in-depth understanding of the phenomenon. Issues, such as potential risk factors and effects, were posed and included during extensive conversations with employees and key informants (managers, co-workers, and customers).

Furthermore, the perceived impact of WSH was included. For the interview questions’ consistency and correctness, all guides were first prepared in English, translated into Amharic (the local language), then back-translated and rechecked by a third person. All guides were pre-tested on five women employed in hospitality workplaces with similar demographic profiles. The pre-test was planned to ensure their suitability for improving the guidelines and interview techniques for the local setting. These participants were not included in this study.

All discussions were conducted in Amharic, a local language. In-depth Interviews and FGDs with women were conducted in a convenient place for the study participants. The IDIs and FGDs were held in a hotel where female workers felt comfortable and secure. The study participants wanted to ward off their work surroundings to have free discussions about their perception, work experience, and impact. The researchers also wanted to evade the formality of the hospitality workplace environment. The researchers conducted the FGDs in a way that was hired to perform the treatment safely and competently. The researchers also tried to make the location an average place where all participants could access transport.

Key informant interviews were conducted in a private room voluntarily provided by the hospitality workplace Managers and supervisors. Appointments were made over the phone for each participant. Four researchers (first author (male) and three female qualitative experts) conducted the FGDs and IDIs (two for each): one facilitated the discussions. At the same time, the other assisted with getting together the women and taking notes as required. With the participants’ permission, aAll interviews were audio-recorded with the participant's permission . The duration of each interview and focus group discussion ranged from 60 to 105 min. The participants were provided with tea, coffee, water, soft drinks, and transportation costs. FGDs and IDIs took place at all hours of the day and at night (until 8:00 PM).

Data analysis

All recorded interviews, FGDs, and field notes were transcribed verbatim to Amharic (the local language) and then translated into English. The transcripts were prepared by a research assistant who was a university graduate with experience in conducting qualitative research and the first author. Twelve (40%) (three FGDs, five IDIs, and four KIIs) of the transcripts were cross-checked with audio files to ensure accuracy and consistency before coding. The first Author (MD) reads a sub-sample of transcripts (prepared by the expert) to check for consistency. Data were analysed using Braun and Clark’s (2006) thematic analysis approach [ 64 , 65 ]. To take the thematic analysis, the team re-read the descriptive information to become intimate with the facts to obtain codes for thematic analysis. The analysis approach is based on data-driven codes. Data-driven codes were performed using an open coding method, which included categorising small codes. To ensure the reliability of the coding, the principal investigator and co-investigators independently coded a set of transcripts from each interview category reached a consensus on a list of codes and had all authors verified it. When there were disputes about  the nature of the codes, the study team had talked about finding a consensus on the final code list and an interpretation agreement. The codes were added to the subsequent transcripts using the computer software Atlas-ti, version 8.4. Next, the first author grouped the small codes to generate main themes, which were then debated, decided upon, and checked by the team, with emerging themes becoming the categories for analysis [ 66 ].. These key themes provide a basis for the thematic framework. These ideas were produced through analytic thinking as new ideas were identified inductively from the data.

Data quality management and assurance

In addition to the techniques performed under each activity, different techniques were considered to ensure the study’s credibility, dependability, transferability, and conformability. After a pre-test was conducted among participants with a similar population and setting, the interview and FGD guides were edited and modified by qualitative research experts. Second, the facilitators of the FGDs and IDIs, and two key informants (supervisors) were invited to check the correct representation of the study’s findings and ideas. Third, to increase the credibility of the findings, the team triangulated the data collected from female hospitality employees, supervisors, cashiers, and customers. Then, to check the consistency between the analysed data and the last textual findings, the research team invited the people participating in the interview and focus group discussion, sent the transcriptions by email, and received comments from them. Moreover, respondent bias and the risk of reactivity were ensured by holding back researchers’ predetermined ideas about the issue under study.

Sociodemographic characteristics

Fifty-eight participants (45 female employees, five managers, four cashiers, and four customers) participated in the six FGDs, ten IDIs, and thirteen KIIs. The average length of record for each IDI and FGD was 80 min and 40 min for KIIs. The female'sage was from 18 to 37 years. The key informants involved managers, cashiers, and customers who work as merchants, tour guides, and drivers (Tables  1 and 2 ).

Four themes and fifteen sub-themes were covered identified in this article. The identified themes include (1) the perception of WSH, (2) the experience of WSH, (3) perceived risk factors for WSH victimisation, and (4) consequences of WSH victimisation.

Perception of sexual harassment

All the participants perceived that sexual harassment as a common issue in their workplaces. The subthemes under this theme were pressuring, threatening, touching, and abducting for sexual advances. Even though they did not classify them into distinct categories, they perceived different sexual harassment incidents in hospitality workplaces.

Pressuring for sexual advances

Most of the participants perceived that sexual harassment is being pressured to engage in unwanted sexual activities through tricks, including exaggerated tips and inappropriate promises of rewards in exchange for sexual favours:

“Sexual harassment is a condition in which women working in [hospitality workplaces] are pressured to do sexual activities without their will. Mostly, they may be tricked through tips, another unnecessary gift, or inappropriate promise of rewards in exchange for sexual favours.” (25 years, IDI, four years of experience in a cafeteria).

Other incidents that the participants perceived as sexual harassment were activities conducted by the supervisors or the owner. These activities include promoting and offering a new job and giving money in exchange for sexual favours:

“Sexual harassment is the supervisors’ or owners’ action that can be explained by providing money, and promising rewards, and promoting for a better job situation with a better salary scale in exchange for advanced sexual favours.” (FGD, two years of experience in a restaurant).

Threatening for a sexual advance

The participants also perceived that sexual harassment was the activity of the sexual perpetrator that was expressed by threatening to hurt women’s relatives, firing from a job, complaining or falsely accusing about the provided service to the immediate supervisors in exchange for sexual favours:

“Sexual harassment is identifying the women’s weak side that makes it difficult to overcome the sexual requests. The soft parts could be her financial problem, her relative, or her beloved one. So, I think sexual harassment is expressed by threatening to hurt her relative or beloved one, complaining about her service provision performance to her immediate boss, threatening to fire her from a job, and not paying for the services unless we accept his sex requests. ” (IDI, four years of experience in a cafeteria).

Touching sensitive parts of the body

Furthermore, participants perceived that sexual harassment was expressed by touching sexually sensitive parts of women, random sexual jokes, verbal sexual requests, repeated requests to sexual mating, sexual solicitation, sexual intimidation, sexual prodding, and requesting telephone number:

“Touching the breasts, hips, and genitalia, slapping the hips and the face, requesting sexual intercourse, commenting on physical attributes, and inviting dining and requesting sex are some of the things at which sexual harassment can be explained.” (IDI, 1-year experience in a cafeteria).

Similarly, participants perceived that showing pornographic movies/pictures, writing sexual messages on the pay bill, unfair treatment of women, and undermining the women were the parts of sexual harassment:

“I believe sexual harassment is explained by … , winking, and undermining me considering my gender.” (FGD, two years experience in a restaurant).

Abducting for sexual intercourse

Lastly, participants perceived that sexual harassments was expressed through abducting, raping, slapping, kicking, pinching, and verbal insult of the women:

“Oh! I think sexual harassment is rape or abduction.” (FGD, four years of experience in a cafeteria).

Another participant added:

“ … sexual harassment could be explained by spitting of drinks, slapping, pinching, caressing, talking unnecessary sexual talks, and talking and distributing false things about me to the manager.” (FGD, five years of experience in a cafeteria).

Experiences of sexual harassment

Besides their perception, women recognised a variety of incidents in their workplaces. The subthemes under this theme include verbal, non-verbal, and physical types of workplace sexual harassment and perpetrators. The participants noted that the perpetrators were agents, colleagues, customers, supervisors, and owners. Although they did not categorise the incidents, the research team classified their experiences as verbal, non-verbal, and physical types of sexual harassment.

Verbal experience of sexual harassment

The verbal forms of sexual harassment experiences include cat-calling – whistling, yelling sexually suggestive comments, usually at a stranger; unwanted flirting; and jokes referring to sexual acts and sexual orientation. It also includes unwelcome graphic comments about a person’s body; unwelcome and inappropriate inquiries about a person’s sex life; sexual favours – asking for sexual favours from a co-worker or peer; and other sexual advancements. Participants in this study reported that women were often harassed often in hotels, restaurants, cafeterias, and groceries and feel uncomfortable. They also reported that female workers experienced the threats of firing from a job, hating relatives/beloved, accused her of improper service provision in exchange for sexual favours. Their female co-workers were reported to accept perpetrators sexual requests out of fear of retaliation if they turned away their unwanted sexual overtures:

“When we refuse to give our phone number to them, they will call the manager and falsely accuses us of not serving them properly. If we explain ourselves as we had a husband, children, and family, they will put the bill bag upside down.” (FGD, two years of experience in a cafeteria).

Other participants added:

“When I was in a bar, unwanted sexual acts such as fondling, undermining, pushing us towards undesirable sexual acts using money and intimidating. The perpetrators did not realise that we were working for survival. As per their understanding, we all are doing transactional sex to get money from them.” (IDI, 1-year of experience in a bars).

“.... I experienced many things regarding sexual harassment. Some customers spit on me, fondles me, kicked my hip, touched my breasts, and tried to kiss me forcefully. Some also wait for me after I finished my job and threatened me to spend the night with them and engaged in sexual intercourse with them. Generally, it is the workplace where we gain when we are unable to get another option.” (IDI, four years  ofexperience in a restaurant).

Participants reported that they experienced inappropriate promises and too many tips to accept sexual requests. They also mentioned that they experienced comments about their physical attributes, requests for dates, requests for telephone numbers, requests for sexual advances, and verbal insults while they are at their job:

“Ha … ha … ha … [starts to laugh] … Then, he asked me to eat dinner with him, requested me to spend the night with him, and asked me to have sexual intercourse with him.” (IDI, three years of experience in a lodge cafeteria).

“On one occasion, a famous and rich man approached me. He has been my customer, and he mostly gave  me an exaggerated tip for me. He has a marriage ring on his finger. Mostly he had been with his friends. Only later, sometime, he started to become lonely. I served him as usual. … One day, he requested my telephone number, called for me, and requested me to accompany my dwelling house. I did not hesitate; I handed him my telephone number. He called me later at night. I talked to him in detail. He informed me that he was not happy with his spousal relationship. He told me that he could change my life. He also promised to open a business centre and invited me to have sex with him. Merely, I turned down upon his request. Also, I told him to keep confidential what he requested.” (IDI, two years of service in a cafeteria).

Nonverbal experience of sexual harassment

The non-verbal forms of sexual harassment experiences were unwelcome gestures of a sexual nature – looking someone up and down in a way that makes that person feel uncomfortable, blocking someone’s path; indecent exposure (e.g., “flashing”); and unwelcome display and sharing of sexually explicit pictures and objects. This form of sexual harassment was prominent in the participants’ discussions. Accounts of nonverbal sexual harassment experiences were overt or covert sexual pressure, such as winking, showing pornographic movies, pictures, undermining the women, unfair treatment, gazing, and composing messages on the bill:

“… Leaving their phone number on the bill, winking, gazing, and so on.” (FGD, two years of experience in a cafeteria).

“Most of the things that I experienced in the hospitality workplaces are … , showing pornography movies, writing a message on the bill, winking, … , and other gestural signals.”(IDI, two years of experience as a waitress in a hotel).

Physical experiences of sexual harassment

The physical forms of sexual harassment experiences include unwanted touching or physical contact (e.g., an arm around the shoulder; a hand placed on a thigh or another part of the body; standing up against someone after being told to move away); and being subjected to a strip search of the opposite sex presence. Participants reported the types of sexual harassment experiences: abduction, fighting to kiss, fondling, forcing to do sex without willingness, kicking, pinching, slapping, rape, and touching the erogenous part of the bodysensitive areas.

“Most of the activities I experienced in the hospitality workplaces are, … , pinching, fondling, touching the buttocks and the breast. There are also winking, … , and other gestural signals of erotic request.” (IDI, two years of service in bars).

“… . Some came to the organisation for the first time, touched my breast, touched and slapped my hips, fondle me, forced me to kiss, and touched my sensitive sexual parts, … .” (21 years, IDI, two years of experience in a cafeteria).

Who is responsible for the perpetration?

Participants sought the responsible bodies of sexual harassment perpetration. These categories include customers, supervisors/managers/owners, male co-workers, agents (brokers), and transactional sex workers. Under the customers’ category, they mentioned different people with diverse professions. However, they emphasise that the incident was worse among wealthy elderly adult customers:

“The local old and wealthy guys are a more challenging group. …. They tried to take us to very unusual places … , which is far from the populated area.” (FGD, three years of experience in a cafeteria).

“Mostly married and older adults are the perpetrators. Those people, for the most part, went to restaurants to recruit girls for sexual harassment. They ordered something and did not use what they ordered. Instead, they harassed us and asked for sexual intercourse. We know them, but they removed their marriage ring and coming to us, simulating that they did not marry.” (FGD, three years experience in a cafeteria).

“Old men like me just shaved their beard, have brokers whom they will bring girls from hospitality workplaces and universities. Brokers are doing senseless work. The low-income family sends their daughters to work and universities, but brokers bribing women and girls and sell them to elderly people whom they want to have sex with.” (Customer, KII, Merchant).

The managers/supervisors/owner’s category was the second of the mentioned categories:

“When we apply for the job as waitresses, the first question which is going to be asked by the manager or supervisor is not educational status, and it is not the work experience; it is a willingness to have sex with him.” (FGD, six years of experience in a restaurant).

“The head waitresses also harass us, and receptions/cashiers are the sources of our address for the perpetrators. The receptions and cashiers will be given our address to get money and other incentives.” (FGD, three years experience in a bar).

Conversely, transactional sex workers’ presence and their way of attracting customers also lead to the perception that all employees are engaged in such activities. Besides, per their description, some women were working as an agent to create a relationship:

There are two types of waitresses. The first group is women who have family, marriage, and children. This group needs their job and help their family. The second group is young women who have no family. This group mostly does transactional sex for covering their expenses to rent a home, buy food, cosmetics & cloth, and sometimes create a link between the perpetrators and the victims. By the way, this is because of the lower salary paid by the hospitality workplaces. Perpetrators considered all waitresses like the second group.” (IDI, two years of experience in a cafeteria).

Perceived risk factors of sexual harassment

Women, customers, cashiers, and managers noted various factors that place women working in the hospitality workplace at risk for sexual harassment, including factors related to customers, victims (women), organisation, and others (Society, peer, and policy-related risk factors).

Customer-related factors

Participants mentioned that the customers’ perceptions, such as considering women as a transactional sex worker, commercial sex worker, ordinary object, interested in related sexual matters, and easy-to-get employees for sex:

“The customers perceive that all waitresses are transactional sex workers or commercial sex workers, and they ask us to have sex with them using their money.” (IDI, two years experience in a restaurant).

Another person added:

“One of the driving factors is that most of the waitresses engaged in commercial sex work and customers perceive that all are interested in this work.” (FGD, five years experience as a waitress).

It was mentioned that customers’ behaviours, such as being alcoholic, being sex addicted, and failing to set up successful spousal relationships, were also among the risk factors for sexual harassment:

“Sometimes, I think that they are addicted to having sex. Since they are married, they can get sex with their wives. However, they came to us to do the same thing with their money. Most of the married perpetrators try to convince me that cheating is healthy and has no problem.” (IDI, two years experience as a waitress).

Similarly, some respondents also mentioned that the activities of the customers such as threatening to harm relatives/beloved, undermining the work or the workers, and provision of an exaggerated tip in exchange for sexual favours:

“Perpetrators approach the women and identify the women’s weak side to get an easy way for their request. The weak parts of most women are finance/money, relatives, or their darlings. As a result, the perpetrators threaten us to agree to their sexual requests, or they will harm our relatives/darlings and will not pay for the services that they used.” (FGD, three years experience in a cafeteria).

“After all, in a big hotel or small catering, waitressing is considered less critical work by the customers. Some waitresses are also considered non-civilised. Rarely do some customers only understand the job and the workers. However, some classified us as commercial sex workers.” (FGD, three years experience in a bar).

Victim-related factors

Participants reported that women deliberately pursue a relationship established upon the male providing financial help. Then some men expect sexual advances in return for financial help. This act implies that women rely on income from customers, poverty and financial problems were the risk factors for WSH:

“… Due to the lower salary, we sometimes engaged in sexual activity for the compensation of our economic problems through the perpetrator’s money.” (FGD, two years experience as a waitress).

Participants perceived that women who came from a rural area, young and inexperienced waitresses, and women with low awareness of the hospitality environment/sexual harassment are most vulnerable. It was reported that the pre-work awareness created in each organisation were instructions about customer handling, wearing styles, work, salary, and Organogram of the workplaces. Some women reported that they had got training related to sexually transmitted infections, including HIV. However, they mentioned that they were not aware of WSH:

“Most of the time, they gave direction about customer handling and other issues that affect their business. Sexual harassment is not their business.” (FGD, two years experience in a bar).

“The pre-work instruction document in hospitality workplaces states all about time management, uniform, customer handling, and others that mainly to maximise their benefit. It is not mentioning anything to keep the right of the women working in these workplaces.” (FGD, four years experience in a restaurant).

Customer handling style, frequent contact with customers, the beauty of the women, and gender norms are the other perceived risks of sexual harassment by the participants:

“We are expected to be very friendly and communicative for customers. However, this may lead to a casual relationship.” (FGD, three years experience in a bar).

“… , women’s natural beauty and their welcoming approach makes them more vulnerable to sexual harassment.” (KII (customer), driver).

Behaviours of women working in the hospitality workplaces were also viewed as increasing their WSH’s risk, including transactional sex for financial support. Women and the key informants reported that some women set up relations with men to support themselves financially:

..., young women who do not have a family have transactional sexual relations to cover their expenses related to home, rent, food, cosmetics and clothing. By the way, this is because of the lower salary paid by the hospitality workplaces. Perpetrators considered all waitresses like the second group and did sexual harassment to all waitresses.” (IDI, two years experience in the cafeteria).

Some women also create relationships with customers for a specific purpose. They tried to accept invitations, call customers with a nickname, chew gum in front of the customers, show different walking styles and gratuity (Amharic-gursha). They also keep silent while a customer touches their sensitive body parts, touch the customers back, laugh unnecessarily:

“Chewing gum, accepting dinner, and other invitations by the customer indicates desire.” (FGD, four years experience in a restaurant).

“The signs of the willingness of the waitresses, such as, willing to gratuitous, unnecessary laughing, feeling the customers back or face, and nicking is also the driving factors.” (IDI, two years experience in a restaurant).

Organisation-related factors

Participants respond that some organisations encourage women to wear uniforms or clothing that show their body (breasts, buttocks), encouraged to wear sexually attractive clothing, and encouraged to wear uniforms that show their upper legs:

“Some of the [hospitality organisations] need to make the waitresses a sexual object. They dress them in short /miniskirts/ that exposed their body. The uniform is attractive, which can display their collection for attracting customers sexually.” (IDI, four years experience in a cafeteria).

Similarly, respondents noted that the nature of the job, night shifting, perceiving that a customer is a king and always right” were the factors that expose women to different forms of sexual harassment:

“Practically, we women are victims. Whereas customers are considered as kings and always right. I faced such a problem while I complain of sexual harassment to my manager.” (FGD, five years experience in a cafeteria).

On the other hand, lack of a fixed salary scale or small salary, lack of grievance management, and rules and regulations in the hospitality workplaces were also the risk factors:

“The monthly salary for women working in hospitality workplaces is not enough. They cannot afford a dorm, food … , and it has a Burdon on them. To overcome this time, women will negotiate with the perpetrators to get money in exchange for sexual favours.” (KII (cashier), 1-year experience in a restaurant).

“So far, I did not know organisations working to address such problems and have a formal complaints procedure. There are no special rules and regulation for privileged waitresses safety of sexual harassment in their working place.” (FGD, five years experience in a restaurant).

Manager’s power and influence were also the other organisation-related risk factors in some hospitality workplaces:

“Managers/supervisors/owners tried to use their power to harass sexually. If we are not volunteers, they will fire us from the job. If we are volunteers, they will promote to head waiter from an ordinary waitress in exchange for sexual favours.” (FGD, four years experience in a cafeteria).

Society, peer, and policy-related risk factors

Society’s perception, peer sexual pressure, and lack of governmental/professional association which could work on hospitality employee’s sexual and reproductive issues:

“For those who need to complain, the statutory institutions want witnesses, and it is unlikely to get any solution for acts such as touching, winking, and fondling. Those who see this act are unwilling to witness it due to the fear of not being fired. Even with the presence of a witness, we are not ready to file a complaint. It is due to the long process of the complaint. Mostly, we thought that the legal process takes time and money. The legal bodies act if they see someone is hitting us. I do not think that there is a legal issue with sexual harassment. I think the legal process is not giving solutions.” (IDI, 1-year experience in a cafeteria).

Further, the participants also noted drivers, such as agents (brokers), culture, corruption, easy accessibility of women who could work in hospitality workplaces:

“If someone raped me, I would do nothing. Sometimes, agents/brokers, either the perpetrators or the dealers of the activities. So, it is so difficult to solve the issue with the legal ground. Most of the perpetrators can be able to stop the case with money. Therefore, since it is not simple to take the issue to court, I will not go to court because no one will consider the issue.” (FGD, three years experience in a restaurant).

“It is known that waitresses are targeted for sexual harassment because of our culture, physical beauty, easy-obtainability, and financial problems.” (KII, manager).

Consequences of sexual harassment

All participants tried to delineate categories of consequences of sexual harassment. These were work-related, health-related (mental health, reproductive health, and reproductive health), family undermining, and financial consequences.

Work-related consequences:

Participants reported that job-hop, including changing the locality, work withdrawal (lateness, absentees), and being a coffee seller nearby the roads are the effects of frequent sexual harassment in the hospitality workplaces:

“It depends. Some may deteriorate. However, some may take victimisation as a sprinting for future life. Some may end in … , and in coffee selling in the street. However, some change their jobs or marry a rich person and become stable in their marriage.” (IDI, 1-year experience in the cafeteria).

“Once I prefer not to suffer from frequent sexual harassment. I searched and got another waitressing job in another institution. However, it was the same. Then, I changed my job to the barber.” (IDI, one and half-year experience in a bar).

Similarly, participants noted that the organisations were failing to have productive workers and lose their dignity due to the frequent sexual harassment occurring in them:

“… It can reduce the organisation’s image, dignity, and community acceptance. It also leads to the loss of productive working group women.” (IDI, 1-year experience in a cafeteria).

Moreover, women employees in the hospitality workplaces reported that they sometimes faced job stress, job dissatisfaction, work disrespect, lack of promotion for a better situation, and hated the job due to the frequent sexual harassment in some hospitality workplaces.

Some participants reported that they were promoted to a better position, got good recommendation letters, and got married as a result of the harassment they faced and the response they gave (agreement) to the perpetrators:

“The consequences are different. However, some may take the victimisation as a sprinting for their future life and maybe promoted to a better job position, get better work recommendations in exchange for sexual favours, marry a rich person, and have a stable life.” (IDI, four years experience in a cafeteria).

Health-related consequences

Mental and behavioural consequences:.

Almost all the participants reported that women working in hospitality workplaces faced mental and behavioural, physical, and reproductive health consequences due to frequent sexual harassment. Participants remarked that the hospitality workplaces’ frequent sexual harassment affected their well-being (psychological, physical, and social (relationship)).

They noted that they felt depressed, not enjoying life, not optimistic about their future, and failed to control their lives. Again, they noted that they were distressed with their life, felt sad, failed to survive the way they want, lack self-confidence, lack self-esteem, and felt hopeless about their future:

“…. I considered myself a person who has no value, lost my confidence, thought about suicide, and felt sick of the frequent acts. I hate my work myself and felt that working in hospitality workplaces is a disgrace. I asked myself, how does the perpetrator sexually harass me without recognising me? Sometimes I just cried. I also thought about my boyfriend’s thoughts.” (IDI, 1-year experience in a bar).

They also reported that they felt unhealthy physically, saw terrible dreams at night, dissatisfied with their daily activities and lacks adequate money to live, hate what they are trifling, and lack the cliches to work in hospitality workplaces:

“I realised that the waitresses lose their trust. They lose their interest in working and discuss their issues. They develop fear and lack of self-confidence, moral disengagement, psychological depression. Then, they withdraw the job, depression, lack of self-esteem, fewer clutches to work.” (KII (supervisor), two years experience).

Furthermore, they reported that they felt helpless, socially isolated and ignorant, blame themselves, hate themselves, addicted to substances/smoke, careless, felt useless and powerless, lack trust, question themselves, and felt ashamed/shy:

“The perpetrators affected my life so badly. I felt guilty, shameful, depressed, and fear every human beings while I moved home with transport, and suffered a terrible dream at night.” (IDI, four years experience in a cafeteria).

Conversely, some reported that they were engaged and built a successful career as a result of the relationship that started with sexual harassment:

“However, some change their jobs or marry a rich person and become stable in their marriage. As a consequence, they could receive a good future.” (IDI, three years experience in a restaurant).

Lastly, some reported that they felt depression, anxiety, stress, had suicidal ideation, and psychological trauma as a result of sexual harassment that happened to them in the hospitality workplaces:

“All these activities make me hate the job and expose me to depression, fear, and self-hate. I feel angry, disturbed, think that I am not a person like others.” (IDI, two years experience in a bar).

Physical health consequences:

Some of the participants reported that they were bruised, injured, developed headache, fatigue, and other physical complication (fistula) as a result of some physical forms of sexual harassment:

“… Seven individuals have captured me at a time. Nevertheless, the police saved me though they beat me. I shed blood while he kicked me with his ring worn hand. I lost my phone, necklace, and tip. I also knew a female who faces similar situations. Eight adult individuals had violated her, and she got faint while the 9th individual had started climbing her. After then, she took the illness. Presently, in that respect, is a leakage of fluid from her genital area.” (IDI, six years experience in a cafeteria).

Reproductive health consequences:

Participants also mentioned the connection between their WSH experience and their reproductive health problems. They reported developing menstrual disorders, participating in sex trade/transactions, abortions, unintended pregnancies and acquired sexually transmitted infections (STIs), including HIV/AIDS:

“Since we may not receive what we wish to have, in this instance, we may practice transactional sex and other social issues. I knew one young woman who was a waitress first and then became a commercial sex worker. This involvement in commercial sex work is one problem.” (FGD, six years experience in a cafeteria).

Other participant added:

“Sexual harassment is one of the reasons for exposure to HIV/AIDS … , and would be exposed to stigma and discrimination.” (FGD, two years experience in a restaurant).

“Mostly physical and psychological impacts such as depression, menstrual disorder, tiredness, and fear happened to me.” (IDI, two years experience in a bar).

Financial and family undermining consequences:

Participants reported that they faced financial problems and family undermining after they were victimised by sexual harassment in the hospitality workplaces:

“The anger that happened in my workplace due to the unwanted sexual acts made my display on my family and disturbed my family relationship.” (IDI, two years experience in a restaurant).

“Frequent sexual harassment leads to job-hop, unwanted pregnancy, and to encounter a different financial crisis, social stigma, HIV/AIDS, and street life.” (KII (customer), driver).

This research used the IDIs, FGDs, and KIIs to discover that WSH was common among women working in the hospitality industry. It also showed that women’s perceptions of WSH were distorted. All of the study’s participants agreed that women employed in the hospitality industry face various types of WSH, including verbal, nonverbal, and physical harassment. This study also established several factors that must be tackled to bring about practical change in Ethiopian hospitality workplaces and the workplace sexual harassment-related implications, consistent with other studies conducted in the hospitality industry [ 10 , 67 ]. These findings show that despite the prohibition through a criminal code proclamation, prescription of simple imprisonment for the perpetrator [ 53 ], and considered a prohibited workplace act [ 54 ], WSH is a concern in Ethiopia.

Furthermore, some of the participants in our study had a clear understanding of the idea of sexual harassment, which is consistent with earlier studies [ 68 ]. However, most respondents had inadequate awareness or training about WSH before or during their employment process, confused about differentiating WSH, ambient harassment, and violence. This finding was consistent with the Zimbabwean study [ 8 ]. It also indicates that women employees in hospitality workplaces were not recruited based on merit. This finding indicates that though women workers were required to have awareness and skills in managing WSH beyond the hospitality workplaces, the lack of exposure to different sexual and reproductive health-related training, including WSH, make them fail to differentiate WSH from the other forms of violence. Thus, to be aware of WSH in hospitality workplaces, a set of unique approaches and system reforms must be introduced to enhance women’s employees’ knowledge and working capacity. These approaches must introduce training for women employees to increase confidence in preventing WSH at their workplaces. The training should be in pre-service education regularly, in-service training, and professional development. There should be curricula, pre-service training and accredited by the Ministry of Science and Higher Education of Ethiopia. In-service and professional development training should also include induction or orientation training, foundation training, job training, refresher or maintenance training, and career training. Further, awareness should be created for both the victims and perpetrators using different behavioural change communication and information, education, and communication approaches. In this approach, posters that can create awareness of the service users could be helpful.

Furthermore, in this study, participants responded that they had experienced verbal, physical, and non-verbal forms of WSH, which align with the findings in South Africa’s [ 69 ] and Australia [ 70 ]. The verbal forms include comments about physical attributes, lustful calls, threats in exchange for sexual favours, tips & promises in exchange for sexual favours, dirty sexual jokes/stories, frequent requests for dates, verbal insult by the perpetrators targeting their sexual orientation, targeted for rumours of sexual promiscuity, and offering money in exchange for sexual favours. Additionally, WSH’s physical forms were touching, unwanted kissing, violent sexual acts (rape, holding hands and clothes, hugging), staring at breasts and hips, fondling, and cornered or placed in a position was difficult to get out. Workplace sexual harassment’s non-verbal forms also included seeing perpetrators watching pornographic pictures, receiving a love letter, and gesture requests of sex (i.e., winking, gazing, leering, ogling, and staring). Furthermore, gender-related demands were discouraging because of being a female, unfair treatment, forcing to give sexual services like sitting beside the perpetrators and wearing uniforms that provoke sexual desire. The perpetrators also initiated the women to sexual advances in exchange for job employment, recommendations, and a better job position. As a result, in line with a study conducted among Mexican indigenous farmworker women in Oregon [ 71 ], women in this study reported that these experiences made the hospitality workplaces feel unsafe and unfair. Thus, hospitality workplace management should try to control specific unsafe acts by eliminating unsafe working conditions and implementing government proclamations. Organisations also should prioritise risk factors and pay more attention to control them to achieve a safer working environment.

The perpetrators of WSH mentioned above were customers, co-workers, and immediate bosses (supervisors/managers/owners), which is consistent with the findings of studies conducted in Zimbabwe [ 8 ] and the USA [ 10 ]. On the contrary, unlike other studies, the study participants emphasised that some women and agents (brokers) were also responsible for the act. This finding supports the statement that emphasises peers’ more considerable influence than managing labour sexualisation [ 72 ]. This covert and overt involvement of hospitality workplace managers and co-workers/peers, and agents (brokers) in the perpetration act made the problem further complicated. Thus, the stakeholders such as the Ministry of labour and social affairs of Ethiopia, the Ministry of culture and tourism, and the Ministry of health, together with non-governmental organisations, should give attention, set ethical standards in hospitality workplaces, and provide ethical guidelines for employees that focus on WSH. These ethical standards and guidelines should influence employees’ ethical behaviours and identify appropriate ethical judgment in the workplace. These stakeholders also should establish strategies to monitor the implementation of those ethical standards and guidelines. However, the indication of women’s hidden perpetrators in the employment process (i.e., the agents, who introduce individual employees to an employer, also request sexual advances to introduce them to the employer) was an essential and unique finding that needs further empirical studies on the issue in different contexts and occupations. Organisations should, however, consider this group of individuals while they are giving orientation to their employees.

Also, some women in the current study practised transactional sex. This finding is consistent with a study conducted in Cameroon [ 73 ]. In line with other studies [ 50 , 51 ], transactional sex practice was due to the low wages inadequate to fulfil basic needs and improve social status. These women showed attention-seeking behaviours and displayed an interest in creating a relationship with service users. These attention-seeking and relationship creation practices include accepting invitations, calling customers with a nickname, chewing gum in front of the customers, different walking styles, touching customers, and taking a perk. These practices created a perceptual experience that all the women working in hospitality workplaces have the desire. Thus, in line with a study conducted among university students in Ethiopia [ 74 ], transactional sex practice is considered a risk factor for WSH in hospitality workplaces. These practices, their engagements in commercial sex work, and STIs/HIV were also the reported reproductive health effects of WSH. These findings align with other studies [ 75 , 76 , 77 , 78 , 79 , 80 ] and could be due to this practice’s risky nature. These findings imply that some women’s transactional sex practice was either a risk factor or WSH’s effect in hospitality workplaces. It also indicates that there were indirect sex workers who did not get attention from health authorities and could be reasons for high STIs reports, including HIV/AIDS among frontline service workers of the hospitality workplaces. Hence, there is a necessity to study the magnitude and plan schemes to reject or dilute the problem.

Participants in this study also perceive WSH victimisation factors such as the organisations, the customers, the women working in the hospitality workplaces, society, legal bodies, agents, culture, and corruption. Consistent with a study conducted among restaurant workers in Canada [ 81 ], employer hiring practices and clothing codes that emphasise physical attractiveness, the customer-service orientation of hospitality workplaces, and customers’ involvement with tips create an environment that exposes women to WSH. Like other hospitality industry sexual harassment studies [ 31 , 32 , 82 ], organisations in this study hired attractive and young women, failed to orient their employees about WSH, created sexually objectifying environments, tolerated WSH, accepted that WSH is inevitable, and perceived customers as kings. Additionally, this study found that employees’ practice of a transactional sexual relationship or acting as a commercial sex worker, perpetrators’ behaviours, such as sex addiction, alcohol addiction, and unhappy marital relationships of customers, were the perceived exposing factors for WSH. Likewise, perpetrators’ threats (to hurt the women’s relatives, fired from a job, and demoted from a better position) and provision of tips, promises, rewards, promotion, and work recommendations in exchange for sexual favours were also perceived exposing factors. In line with other studies [ 83 , 84 , 85 ], these findings imply multiple risk factors for sexual harassment in hospitality workplaces. Thus, employers must note that WSH is a warning sign threatening workplace productivity and a stable workforce. Future research should also consider a multi-level study incorporating organisational perspectives such as power distance, workplace culture, job-gender context, and individual perspectives such as personality traits, personal characteristics, and socio-economic status.

Furthermore, this study participant experienced work-related, health-related (i.e., mental and behavioural health, physical health, and reproductive health), economic, and family-related consequences. This result agrees with findings from other workplace studies [ 48 , 49 , 63 , 86 , 87 , 88 , 89 , 90 , 91 ]. Like the other studies, the possible reasons might be the peculiarities of the industry, such as customer power [ 13 , 72 , 92 ], the sexualisation of the workplaces [ 31 , 32 ], workplace culture [ 93 ], and sociodemographic characteristics [ 94 ] of women as risk factors of WSH. Consequently, the peculiarities mentioned above might end in different work-related consequences [ 12 , 95 ]. Thus, in line with the findings mentioned above, in this study, the frequently stated work-related consequences include work withdrawal, job withdrawal, lack of motivation, job stress, and job dissatisfaction. Furthermore, consistent with other studies [ 48 , 66 , 69 ], participants in this study reported that WSH affects their general well-being. The results of this study’s depressive symptoms, anxiety, tension, and post-traumatic stress symptoms were similar to those of studies conducted in Ethiopia among female university students [ 61 ] and female faculty and staff [ 62 ] in Ethiopia. Participants in this study have documented physical injury, headache, stomachache, and other physical complications, consistent with the findings of a meta-analytic analysis report [ 88 ].

However, unlike most of the others’ study findings of WSH’s consequences in the hospitality workplaces, the reproductive health-related effects other than transactional sex practice such as engagement in commercial sex work, menstrual disorders, and acquiring STIs, including HIV, were reported in this study. The menstrual disorder issue as an effect of WSH is consistent with a quantitative study finding among female Italian university students [ 96 ]. This is a novel finding that has received little attention in the WSH literature. The Italian study found that age, place of birth, being in a couple of relationships, or hormone therapy did not affect these links and that sexual abuse during one’s life, depression, or a particular gynaecological diagnosis did not affect. According to this research team, changes in ovarian hormone levels and neurotransmitters, activation of the hypothalamic-pituitary-adrenal axis, or increased sensitivity to its activity are all possibilities. The team also supports the hypothesis described in conjunction with the hypothesis that emphasises the stress effect on the neurotransmitters affected by menstrual disorders. Stress may also lead to increased sensitivity in the perception of menstrual symptoms [ 97 ] and the maximum effect of stress in increasing menstrual symptom perception’s sensitivity, which needs further research about the link. This study’s finding implies that the effects of WSH are multidimensional and need multidisciplinary interventions supported by policies (both organisational and governmental). Though the mental, behavioural, physical health and organisational effect relations with WSH have been examined, studies did not show the relationship between WSH’s reproductive health effects, such as transactional sex practice and menstrual disorder, with other effects risks of WSH. Therefore, hospitality organisations should help WSH victims by providing psychological counselling, detaching themselves from workplace pressure, and effectively treating work-related depression. Legal protection and prevention measures (i.e., leadership engagement, solid legal protections, judicial protection services, WSH victims’ education, potential perpetrators, and the more comprehensive hospitality workplace staff about local laws; putting place prevention measures at the individual, community, and societal levels; organising workshops, training, and information sessions on how to bolster the resilience of WSH; and engagement all the stakeholders involved in the hospitality workplaces.), training for employees and managers, and financial support for women employees would also reduce vulnerability to WSH. Female hospitality workers’ protection from WSH should also need integrated legal security, well-versed prevention programs, and reproductive health links into legal frameworks. Future studies should also empirically test these relationships. A structural equation model incorporating the direct and indirect effects of the WSH on the identified consequences, which in turn helps in the understanding of moderators of the relationship between sexually harassing behaviours and the effects identified in this study, and multivariate analysis of variance incorporating all effects could be promising approaches. Exploring women employees’ WSH coping strategies could also give a complete picture.

While this study substantially contributes to the international academic literature on sexual harassment in the workplace, some limitations should be recognised. First, this study was conducted in Bahir Dar city, Amhara Region. It may not reflect WSH experiences in Ethiopia’s hospitality workplaces. Second, sexual harassment is a sensitive topic to discuss with different stakeholders (owners, supervisors, customers, cashiers, and women). Therefore, they may have under-reported such experiences (social desirability bias). However, the research team was made by public health professionals, health education, and behavioural science professionals trained to explore this multifaceted topic.

Furthermore, the first author was a man who led a team of female researchers to interview women about their workplace sexual harassment experiences, which mainly originated from male clients, and which necessitated the need to establish an atmosphere in which women felt secure sharing their actual experiences of harassment. Therefore, to maintain privacy, anonymity, and confidentiality of data, the first author explained to each team member and respondents that their identity and the evidence they would provide would be secret. Further, the first author and the team members were made clear to the respondents that only the researchers directly involved with this study would access it.

Implications

This study adds essential insight into the existing research body on hospitality workplace sexual harassment in Ethiopia. The themes acknowledged here signify current social dynamics functioning within the hospitality workplaces’ setting and women relationships with customers, co-workers, agents, and immediate bosses. The behaviours and perceptions discussed suggest actionable areas for improving hospitality workplaces’ efforts to support women employees and prevent WSH through interventions. By providing female employees with practical support and security and promoting gender-equitable attitudes among employees, customers, co-workers, and immediate bosses, the hospitality workplaces can be a stepping-stone rather than a hurdle toward females’ realisation of their full potential. Likewise, organisational WSH related policies and strategies should have to be developed and implemented. The team also suggests that hospitality workplaces should formulate, in consultation with Ethiopian law and labour relations experts, to improve WSH policies that could change deep-rooted beliefs and norms. To the best of our knowledge, this is the first qualitative research in Ethiopia to investigate WSH perceptions, experiences, risks, and effects, especially reproductive health effects. However, the magnitude, associated factors, and consequences of the practice of WSH among women in hospitality workplaces should be a focus of future researches. Further research is also needed to document the coping and perpetrators’ personality.

As suggested in the study findings, WSH is common. There remains a wide diversity of opinions regarding the meaning of WSH. Similarly, women employees faced various forms of WSH, mentioned different perceived risk factors and consequences. This finding indicates that WSH is a norm that creates a culture of hesitation and other unintended outcomes, which may endanger more health and organisations’ performance that seeks health care and prohibit productivity. Thus, it may cause a further rise in women’s psychological deterioration as long as social, moral, and legal norms are not harmonised. As a result, coordinated efforts from the hospitality industry, non-governmental organisations, government agencies, other stakeholders, sexual and reproductive health organisations, consumers, and female employees are needed.

Availability of data and materials

The datasets used and analysed during the current study available from the corresponding author on reasonable request.

Abbreviations

Acquired Immune Deficiency Syndrome

Center for International Reproductive Health Training

Focus Group Discussions

Human Immune Deficiency Virus

In-depth Interviews

Institutional Review Board

Key informant Interviews

Doctor of Philosophy

Sexually Transmitted Infections

United States of America

Workplace Sexual Harassment

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Acknowledgements

The authors were grateful to all study participants who willingly participated in this study. The authors also thank CIRHT, Debre Tabor University, and Jimma University Faculty of Public Health. Furthermore, the authors appreciate each hospitality workplace staff, managers, and all participants for the interviews. The authors also would like to acknowledge the data collectors for their dedication.

This study is the research work of the first Author’s PhD program under the department of population and family health, faculty of public health institute of health, Jimma University. He received a fund from the centre for international reproductive health training (CIRHT) for Ethiopia to pursue his study. However, the sponsoring organisations had no role in study design, data collection, analyses, the decision to publish, and preparing the manuscript.

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Mulugeta Dile Worke

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MD and GT initiated the concept, developed the protocol, and was involved in data transcription, coding, and the manuscript’s write-up. MD and ZB were involved in study design and data analysis. MD implemented and supervised the fieldwork. All authors critically reviewed the analysed data, read, agreed, and approved the last version of the manuscript and are personally responsible for the author’s contributions and ensure that questions are linked to any part of the work’s accuracy or truthfulness.

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This study finding is part of an exploratory sequential mixed method. Ethical approval was received from the Institutional Review Committee (IRC) of Debre Tabor University (Ref N o -RP/366/10). Bahir Dar city’s tourism and culture offices and Zonal health officials were informed about the study’s aims by a letter written from Debre Tabor University. All methods were carried out following relevant guidelines and regulations. The World Health Organization’s ethical and safety recommendations for exploring sensitive topics were observed [ 98 ]. Each research participant signed an informed written consent form. Written permission was approved to record the conversation. To uphold the seclusion, anonymity, and confidentiality of data, the team explained to each of the respondents that their identity and the evidence they would provide would be secret. It was further clarified to the participants that only the researchers directly involved with this study would access it. Confidentiality was maintained after the data was collected by de-identifying the field notes, transcripts, audio recordings, and subsequent publications. In this article, the researcher used generic terms such as ‘study participants’ and ‘female workers’ instead of their names. The study participants had the right to terminate the interview/withdraw her from the subject field at any time. In each interview and focus group, privacy and confidentiality were ensured. Moreover, by conducting FGDs and IDIs away from their work, participants were assured. So that they freely discussed the issues without fear of such conversations being monitored by their supervisors.

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Supplementary Information

Additional file 1..

Focus Group Guide for women hospitality workplace workers

Additional file 2.

In-depth interview guide for women hospitality workplace workers

Additional file 3.

In-depth interview guide for hospitality workplace managers

Additional file 4.

In-depth interview guide for hospitality workplace customers

Additional file 5.

In-depth interview guide for hospitality workplace cashiers

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Worke, M.D., Koricha, Z.B. & Debelew, G.T. Perception and experiences of sexual harassment among women working in hospitality workplaces of Bahir Dar city, Northwest Ethiopia: a qualitative study. BMC Public Health 21 , 1119 (2021). https://doi.org/10.1186/s12889-021-11173-1

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National Academies of Sciences, Engineering, and Medicine; Policy and Global Affairs; Committee on Women in Science, Engineering, and Medicine; Committee on the Impacts of Sexual Harassment in Academia; Benya FF, Widnall SE, Johnson PA, editors. Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington (DC): National Academies Press (US); 2018 Jun 12.

Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine.

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2 Sexual Harassment Research

This chapter reviews the information gathered through decades of sexual harassment research. It provides definitions of key terms that will be used throughout the report, establishing a common framework from the research literature and the law for discussing these issues. In reviewing what sexual harassment research has learned over time, the chapter also examines the research methods for studying sexual harassment and the appropriate methods for conducting this research in a reliable way. The chapter provides information on the prevalence of sexual harassment and common characteristics of how sexual harassment is perpetrated and experienced across lines of industry, occupation, and social class. It concludes with common characteristics of environments where sexual harassment is more likely to occur.

• DEFINITIONS OF KEY TERMS

The Equal Employment Opportunity Commission guidelines define sexual harassment as the following ( USEEOC n.d.a .):

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment was first recognized in cases in which women lost their jobs because they rejected sexual overtures from their employers (e.g., Barnes v. Costle 1977 1 ). This type of sexual harassment became defined as quid pro quo sexual harassment (Latin for “this for that,” meaning that a job or educational opportunity is conditioned on some kind of sexual performance). Such coercive behavior was judged to constitute a violation of Title VII of the 1964 Civil Rights Act. Soon it was recognized in employment law that pervasive sexist behavior from coworkers can create odious conditions of employment—what became known as a hostile work environment —and also constitute illegal discrimination ( Farley 1978 ; MacKinnon 1979 ; Williams v. Saxbe 1976 2 ). These two basic forms of sexual harassment, quid pro quo and hostile environment harassment, were summarized in guidelines issued by the Equal Employment Opportunity Commission in 1980 ( USEEOC 1980 ).

Hostile work or educational environments can be created by behaviors such as addressing women in crude or objectifying terms, posting pornographic images in the office, and by making demeaning or derogatory statements about women, such as telling anti-female jokes. Hostile environment harassment also encompasses unwanted sexual overtures such as exposing one's genitals, stroking and kissing someone, and pressuring a person for dates even if no quid pro quo is involved ( Bundy v. Jackson 1981; 3 Meritor Savings Bank v. Vinson 1986 4 ).

An important distinction between quid pro quo and hostile environment harassment is that the former usually involves a one-on-one relationship in which the perpetrator has control of employment- or educational-related rewards or punishments over the target. In contrast, the latter can involve many perpetrators and many targets. In the hostile environment form of sexual harassment, coworkers often exhibit a pattern of hostile sexist behavior toward multiple targets over an extended period of time ( Holland and Cortina 2016 ). For hostile sex-related or gender-related behavior to be considered illegal sexual harassment, it must be pervasive or severe enough to be judged as having had a negative impact upon the work or educational environment. Therefore, isolated or single instances of such behavior typically qualify only when they are judged to be sufficiently severe. Legal scholars and judges continue to use the two subtype definitions of quid pro quo and hostile environment to define sexual harassment.

Illegal sexual harassment falls under the umbrella of a more comprehensive category, discriminatory behavior . Illegal discrimination can occur on the basis of any legally protected category: race, ethnicity, religious creed, age, sex, gender identity, marital status, national origin, ancestry, sexual orientation, genetic information, physical or mental disabilities, veteran status, prior conviction of a crime, gender identity or expression, or membership in other protected classes set forth in state or federal law. Regarding sexual harassment, the focus of this report, this includes gender harassment , a term designed to emphasize that harmful or illegal sexual harassment does not have to be about sexual activity ( USEEOC n.d.b .). Sexual harassment constitutes discrimination because it is harmful and it is based on gender—it is not necessarily motivated by sexual desire nor does it need to involve sexual activity.

Both legal doctrine and social science research recognize gender as encompassing both one's biological sex and gender-based stereotypes and expectations, such as heterosexuality and proper performance of gender roles. Sexual harassment in the form of gender harassment can be based on the violation of cultural gender stereotypes. For example, a man may experience gender harassment for being a “sissy” or being easily embarrassed by pornography (violating stereotypes that men should be strong, heterosexual, and sexually bold). While a woman may be gender harassed for taking a job traditionally held by a man or in a traditionally male field. Gender harassment in such a situation might consist of actions to sabotage the woman's tools, machinery, or equipment, or telling the woman she is not smart enough for scientific work. Subsequent sections of this report discuss gender harassment in greater detail.

Psychologists who study gender-related behavior have developed more nuanced terms to describe sexual harassment in order to more precisely measure and account for the behaviors that constitute sexual harassment and to describe how targets experience those behaviors. A three-part classification system divides sexual harassment into distinct but related categories: sexual coercion , unwanted sexual attention , and gender harassment (see Figure 2-1 ; Fitzgerald et al. 1988 ; 5 Fitzgerald, Gelfand, and Drasgow 1995 ; Gelfand, Fitzgerald, and Drasgow 1995 ).

The relationship between discriminatory behaviors, sex/gender discrimination, sexual harassment, gender harassment, quid pro quo sexual harassment, and hostile environment harassment. While sexual coercion is by definition quid pro quo sexual harassment, (more...)

Sexual coercion entails sexual advances, and makes the conditions of employment (or education, for students) contingent upon sexual cooperation.

Unwanted sexual attention also entails sexual advances, but it does not add professional rewards or threats to force compliance. In this category are expressions of romantic or sexual interest that are unwelcome, unreciprocated, and offensive to the target; examples include unwanted touching, hugging, stroking, and persistent requests for dates or sexual behavior despite discouragement, and can include assault ( Cortina, Koss, and Cook 2018 ; Fitzgerald, Gelfand, and Drasgow 1995 ; Fitzgerald, Swan, and Magley 1997 ).

Gender harassment is by far the most common type of sexual harassment. It refers to ‘‘a broad range of verbal and nonverbal behaviors not aimed at sexual cooperation but that convey insulting, hostile, and degrading attitudes about” members of one gender ( Fitzgerald, Gelfand, and Drasgow 1995 , 430). Gender harassment is further defined as two types: sexist hostility and crude harassment . Examples of the sexist hostility form of gender harassment for women include demeaning jokes or comments about women, comments that women do not belong in leadership positions or are not smart enough to succeed in a scientific career, and sabotaging women. The crude harassment form of gender harassment is defined as the use of sexually crude terms that denigrate people based on their gender (e.g., using insults such as “slut” to refer to a female coworker or “pussy” to refer to a male coworker; Fitzgerald, Gelfand, and Drasgow 1995 ).

Both women and men can and do experience all three forms of sexual harassment, but some subgroups face higher rates than others. For example, women who are lesbian or bisexual ( Cortina et al. 1998 ; Konik and Cortina 2008 ), women who endorse gender-egalitarian beliefs ( Dall'Ara and Maass 1999 ; Siebler, Sabelus, and Bohner 2008 ), and women who are stereotypically masculine in behavior, appearance, or personality ( Berdahl 2007b ; Leskinen, Rabelo, and Cortina 2015 ) experience sexual harassment at higher rates than other women. Likewise, men who are gay, transgender, petite, or in some way perceived as “not man enough” encounter more harassment than other men ( Berdahl 2007b ; Fitzgerald and Cortina 2017 ; Rabelo and Cortina 2014 ).

Interestingly, the motivation underlying sexual coercion and unwanted sexual attention behaviors appears different from the motivation underlying gender harassment. Whereas the first two categories suggest sexual advances (the goal being sexual exploitation of women), the third category is expressing hostility toward women (the goals being insult, humiliation, or ostracism) ( Holland and Cortina 2016 ). In other words, sexual coercion and unwanted sexual attention can be viewed as “come-ons,” while gender harassment is, for all intents and purposes, a “put-down” ( Fitzgerald, Gelfand, and Drasgow 1995 ; Leskinen, Cortina, and Kabat 2011 ). However, it is important to note that these come-on behaviors are not necessarily about attraction to women; more often than not, they are instead motivated by the desire to devalue women or punish those who violate gender norms ( Berdahl 2007b ; Cortina and Berdahl 2008 ).

Some researchers further define the verbal insults associated with gender harassment, along with accompanying nonverbal affronts, as microaggressions. This term refers to “brief and commonplace daily verbal, behavioral, or environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative” messages ( Sue et al. 2007 , 271) to or about historically stigmatized groups. This term can also be broken down into three categories: microassaults, microinsults, and microinvalidations ( Sue et al. 2007 ). There is some concern that microaggression remains a poorly defined construct, with porous boundaries. Additionally, the use of the term micro is misleading, as it implies all these experiences are minor or imperceptible acts. Yet some microaggressions, such as referring to people by using offensive names, are obviously offensive and can be deeply damaging. Similarly the root word aggression is also misleading, as most experts reserve this term for behavior that carries intent to harm ( Lilienfeld 2017 ). For these reasons, our committee chose to focus on incivility , a term in greater use in the workplace aggression literature.

Incivility refers to “low-intensity deviant behavior with ambiguous intent to harm the target, in violation of workplace norms for mutual respect. Uncivil behaviors are characteristically rude and discourteous, displaying a lack of regard for others” ( Andersson and Pearson 1999 , 457). Lim and Cortina's 2005 study on two female populations in public-sector organizations (Ns = 833 and 1,425) revealed that sexual harassment often takes place against a backdrop of incivility, or in other words, in an environment of generalized disrespect. The authors argue that, based on their findings, the same perpetrator “may instigate multiple forms of mistreatment—both sexualized and generalized—in efforts to debase women and reinforce or raise their own social advantage” (492). Lim and Cortina point out that if sexual harassment is tolerated in an organization or not seen as a deviant behavior, incidents of general incivility would be expected to be even less likely to receive attention from management. Based on these findings, it could be argued that generalized incivility should be a red flag for leadership or management in work and education environments, because when gender harassment occurs, it is virtually always in environments with high rates of uncivil conduct ( Cortina et al. 2002 ; Lim and Cortina 2005 ).

Note that sexual harassment is often ambient , meaning it is “not clearly targeted at any individual or group of individuals” ( Parker 2008 , 947) in the work or education environment or behavior that goes beyond the direct target of the harassment ( Glomb et al. 1997 ). Ambient sexual harassment is determined by a general “frequency of sexually harassing behavior experienced by others” and can include all types of sexually harassing behavior (309). For example, it can include pornography being displayed in a common area or sexually abusive language being used publicly in the work or education environment ( Parker 2008 ). Ambient unwanted sexual attention and sexual coercion refer to observed instances of unwanted sexual pursuit, targeted at a fellow employee. In other words, one need not be personally targeted to feel the effects of sexual harassment (much like second-hand smoke).

Despite refined definitions and terms to describe sexual harassment and gender discrimination, documenting the degree of these behaviors in work and education environments remains challenging. This is in part because individuals experiencing these behaviors rarely label them as such. Numerous studies have demonstrated that more than half of working women report experiencing sexually harassing behavior at work, but less than 20 percent of those women actually describe the experience as “sexual harassment” ( Ellis, Barak, and Pinto 1991 ; Ilies et al. 2003 ; Magley, Hulin, et al. 1999 ; Magley and Shupe 2005 ).

Considering these sources, the report uses the following definition of sexual harassment:

Sexual harassment (a form of discrimination) is composed of three categories of behavior: (1) gender harassment (verbal and nonverbal behaviors that convey hostility, objectification, exclusion, or second-class status about members of one gender), (2) unwanted sexual attention (verbal or physical unwelcome sexual advances, which can include assault), and (3) sexual coercion (when favorable professional or educational treatment is conditioned on sexual activity). Harassing behavior can be either direct (targeted at an individual) or ambient (a general level of sexual harassment in an environment).

Box 2-1 provides a quick review of the key terms introduced in this chapter.

Summary of Key Terms.

• RESEARCH METHODS USED TO EXAMINE SEXUAL HARASSMENT

The goal of providing recommendations for preventing sexual harassment and mitigating its effects in academic science, engineering, and medicine requires evidence-based research. Different studies have different strengths and weaknesses, and these should be kept in mind when reviewing their findings, particularly if leaders in academic institutions, legislators, and researchers hope to design meaningful and effective interventions and policies. The two most commonly used study methods are surveys and laboratory experiments. Important findings have also emerged using in-depth interviews, case studies, sociolegal analyses, and other methods. When conducting or reviewing research examining sexual harassment, it is crucial that the methods used to conduct the research match the goals for the research. It is crucial to note that the prevalence of sexual harassment in a population is best estimated using representative surveys and not by relying on the invariably lower number of official reports of sexual harassment made to an organization (see the discussion in Chapter 4 about how rare it is for women to formally report their experience). The next sections discuss these various research methods and the kind of information they provide.

Survey Methods

Surveys, containing well-validated instruments, can be useful in estimating the prevalence (how common sexual harassment experiences or behaviors are among people in a given population) and determining correlates, antecedents, outcomes, and factors that attenuate or amplify outcomes from sexual harassment. For instance, they can assess links between harassment and different aspects of targets' well-being, targets' understanding of the resources available to them, and the strategies they use to cope. Basing a survey on a defined population accessible from a comprehensive list, or sample frame, can be helpful. Sometimes, too, using multiple instruments and data sources can be a highly effective approach. Though surveys have often focused on the targets of sexually harassing behavior (e.g., Fitzgerald, Drasgow, and Magley 1999 ), some work has also been done examining self-descriptions by perpetrators (e.g., Dekker and Barling 1998 ) and bystanders (e.g., Hitlan, Schneider, and Walsh 2006 ; Richman-Hirsch and Glomb 2002 ; Miner-Rubino and Cortina 2004 , 2007 ).

Conducting surveys on sexual harassment is challenging, but fortunately researchers have addressed many of these challenges. Those wishing to conduct a survey on sexual harassment ought to follow the scientific methods described below and the ethical and safety guidelines for this type of research ( WHO 2001 ). Poorly conducting surveys on sexual harassment is unethical because responding to the survey could needlessly retraumatize the respondent. Additionally, the resulting inaccurate data from such a survey could be used to question the importance and legitimacy of such an important and sensitive topic ( WHO 2001 ).

An initial challenge in conducting survey research on sexual harassment is that many women are not likely to label their experiences as sexual harassment. Additionally, women who experience the gender harassment type of sexual harassment are more than 7 times less likely to label their experiences as “sexual harassment” than women who experience unwanted sexual attention or sexual coercion ( Holland and Cortina 2013 ). This illustrates what other research has shown: that in both the law and the lay public, the dominant understandings of sexual harassment overemphasize two forms of sexual harassment, sexual coercion and unwanted sexual attention, while downplaying the third (most common) type—gender harassment (see Figure 2-2 ; Leskinen, Cortina, and Kabat 2011 ; Schultz 1998 ). Regardless of whether women self-label their experiences as sexual harassment or not, they all have similar negative psychological and professional outcomes ( Magley, Hulin, et al. 1999 ; Woodzicka and LaFrance 2005 ).

The public consciousness of sexual harassment and specific sexually harassing behaviors.

This labeling issue was first identified in research on rape and sexual violence. Surveys conducted by Koss (1992) revealed that when respondents were asked simply, “Have you been raped?” estimates of the number of people raped in the college population were very low, yet when asked whether they had experienced a series of specific behaviors that would meet legal criteria for rape, estimates of the number of people raped were much higher. Subsequent studies of sexual harassment found similar results ( Ilies et al. 2003 ; Schneider, Pryor, and Fitzgerald 2011 ), and Fitzgerald and colleagues (1988) established the Sexual Experiences Questionnaire (SEQ) to standardize questions about specific sexual harassment behaviors rather than asking about “sexual harassment” generally. With extensive psychometric evidence supporting it, the SEQ has become the gold standard in the assessment of sexual harassment experiences in both work and school settings ( Cortina and Berdahl 2008 ). Unfortunately, some recent studies attempting to measure the prevalence of sexual harassment have not followed this good practice and are thus likely to have low prevalence rates, be missing data about those who have experienced gender harassment, and as a result be unreliable for evaluating the prevalence of sexual harassment.

Another hurdle faced by surveys on sexual harassment is that women who have experienced sexual harassment may be reluctant to respond to a survey on the topic or to admit being a target or victim because sexual harassment can be stigmatizing, humiliating, and traumatizing ( Greco, O'Boyle, and Walter 2015 ; Bumiller 1987 , 1992 ). To encourage open self-reports, it is important that survey responses are confidential, if not anonymous, and to reassure survey participants that this is the case. Additionally, to help avoid a nonresponse bias (i.e., some segments of a population selectively declining to participate), sexual harassment experts do not use the term sexual harassment or sexual misconduct in the survey title and instead situate their questions about sexual harassment within a broader survey that asks about social concerns such as gender issues, civility, or culture. In a meta-analytic review of the incidence of sexual harassment in the United States, Ilies and colleagues (2003) found that directly asking respondents whether they had experienced sexual harassment (as opposed to using questionnaires that list behaviors that constitute sexual harassment) led to substantially lower estimates of sexual harassment incidence.

When determining prevalence estimates, attention must be given to minimizing nonresponse biases in the survey sample. Nonresponse biases include attitudes and other characteristics that disincline people from survey participation ( Krosnick et al. 2015 ). A reluctance to answer questions about sexually harassing experiences could represent a nonresponse bias. While low response rates are not synonymous with low levels of nonresponse bias, generally low response rates should be interpreted with caution and will raise limitations on what conclusions can be drawn because of the representativeness of the survey sample ( Dillman, Smyth, and Christian 2008 ; Ilies et al. 2003 ). Just as it is important to be cautious about deriving prevalence estimates from samples with lower response rates, researchers and leaders in academic institutions must also be judicious when deriving such estimates from nonprobability samples (see Yeager, Krosnick, and Javitz [2009] for a discussion of the problems with opt-in internet surveys). 6

A challenge for any survey that is particularly important for sexual harassment surveys is their ability to gather information about nonmajority members of a given workplace or campus. Often women of color and sexual- and gender-minority women have been underrepresented among survey respondents, resulting in unreliable prevalence rates for these specific populations. Recent research is beginning to address this by looking at sexual harassment through the lens of intersectionality and by working to oversample these underrepresented populations when conducting surveys.

Convenience sampling (in which participants are recruited from social media or specialized groups with a specific target group in mind) and snowball sampling (recruiting additional subjects by asking participants who else they know in their networks who would also know about the topic) are useful means of recruiting hard-to-reach or underrepresented populations (e.g., lesbians who are not “out” at work, minority groups for whom no lists are available) ( Meyer and Wilson 2009 ). These studies can yield critical insights, even though the samples cannot be considered representative of a particular population. A good example of this approach is the recent study about the experiences of women of color in the fields of astronomy and planetary science, identified via convenience sampling. The researchers found that women of color were more likely to report hearing sexist remarks from supervisors or peers in the workplace than did white women, white men, or men of color. Women of color were also more likely to feel unsafe at work because of their gender ( Clancy et al. 2017 ). This study shows how survey data can be used to test relationships among important variables such as race, gender, sexual harassment, and sense of safety, yielding conclusions about who is most likely to be targeted for sexually harassing behaviors, and with what effects.

When determining and comparing prevalence rates, it is important to distinguish the prevalence rates for women separate from men and not to rely on a combined prevalence for both genders. Relying on combined rates will result in a lower rate because women are much more likely to experience sexual harassment than men ( USMSPB 1995 ; Magley, Waldo, et al. 1999 ; Ilies et al. 2003 ; Kabat-Farr and Cortina 2014 ).

Another methodological feature to be particularly attentive to when estimating and comparing prevalence rates is the time period respondents are asked about. In some studies, no time limit is given, while others may limit it to the last 12 or 24 months. The longer the time period, the more likely the rates will be skewed and not assess current incidence. Longer time periods can result in higher incidence rates because more time means more women are likely to have experienced such behavior. However, after long enough periods, memory deterioration sets in, leaving behind only those sexual harassment experiences that left a lasting memory, and leaving out everyday sexist comments or ambient harassment. Additionally, longer time periods can also introduce the risk that the incident could have occurred at a past environment, not the current one under investigation.

Lastly, a key obstacle to obtaining accurate prevalence numbers across academia and between fields or workplaces is the number of surveys available that do not always use a standardized method for measuring or defining sexual harassment. Unfortunately, when institutions make their decisions about which survey or questions to use, they often do not seem to be aware of good practices in sexual harassment research or to have consulted with a sexual harassment researcher, because different methodologies and measurement approaches have been used ( Wood et al. 2017 ). As a result, the surveys not only produce unreliable prevalence numbers but also pose a risk of “comparing apples to oranges” when analyzing the data across institutions. The largest concern when comparing prevalence rates is differences in how sexual harassment is defined in the survey and during the analysis of the responses. A meta-analysis of sexual harassment surveys demonstrates that the prevalence rate is 24 percent when women are asked whether they have experienced “sexual harassment” versus 58 percent when they are asked whether they experienced harassing behaviors that meet the definition of sexual harassment (and are then classified as such in the analysis) ( Ilies et al. 2003 ). In other words, the direct query method gives an estimate of prevalence based on the respondent's perception, while the behavioral experiences method estimates the extent to which potentially harassing incidents happen in an organization. This research also demonstrates that these differences were not due to differences in work environments or to sampling method ( Ilies et al. 2003 ).

To try to present the most accurate information on the prevalence of sexual harassment, the report references surveys that follow good practices in both sexual harassment research and survey research and that clearly identify differences in time period and definitions.

Experimental Methods

Another way that information has been gathered about sexual harassment has been through laboratory experiments, in which researchers examine the occurrence of sexually harassing behaviors by manipulating variables under controlled conditions. The advantage of this approach is that researchers can directly observe sexually harassing behavior. This approach, however, does not provide information on the prevalence of sexual harassment.

Some of the behaviors that have been directly observed in experiments include the following:

• Unsolicited sexual touching by someone in a supervisory role ( Pryor, LaVite, and Stoller 1993 );
• Unsolicited touching from peers ( Pryor 1987 );
• Nonverbal dominance behaviors ( Murphy, Driscoll, and Kelly 1999 );
• Sending unsolicited pornographic materials electronically ( Dall'Ara and Maass 1999 ; Maass et al. 2003 );
• Sending sexist jokes electronically ( Galdi, Maass, and Cadinu 2014 );
• Sending sexual come-ons electronically ( Diehl, Rees, and Bohner 2012 );
• Asking sexist questions in an interview ( Hitlan et al. 2009 ); and
• Sexualized behavior, such as staring at a woman's body, during an interview ( Rudman and Borgida 1995 ).

Laboratory experiments can help uncover situational factors that encourage or discourage potential perpetrators from engaging in sexually harassing behavior. For instance, experiments show that sexual harassment is less likely to occur if those behaviors are not accepted by authority figures ( Pryor, LaVite, and Stoller 1993 ). Another experiment found that men exposed to sexist television portrayals of women were more likely to send sexist jokes to women in an online interaction ( Galdi, Maass, and Cadinu 2014 ).

Laboratory experiments can also provide a snapshot of how women might respond in a sexually harassing situation. For example, research by Woodzicka and LaFrance (2001) reveals the difference between how women think they would respond and how they do respond. In the first study, college women were asked to imagine how they would respond to being asked sexist questions during a job interview. In the second study, women participated in what they thought to be an actual job interview where such questions were asked. Results showed a disconnect between what women thought they would do (get angry, confront, and complain) and what they actually did (become fearful, neither confront nor complain).

On the other hand, there are also limitations to laboratory experiments. While they can reveal responses to actual behaviors, those reactions occur in an artificial laboratory setting (not a real professional or educational setting, with people who have real relationships, interdependencies, status hierarchies, etc.). Participants in experiments are often college students who have limited work experience and diversity (primarily white, middle class, under the age of 20). Also, experiments provide a snapshot of only one moment of time, providing a single look at behaviors and responses. Surveys and accounts from litigants in sexual harassment cases suggest that the worst cases of sexual harassment are not isolated incidents, but something that takes place over a period of time ( Cantalupo and Kidder 2017a , 2017b ), which experiments cannot assess.

Interviews, Case Studies, and Other Qualitative Methods

Qualitative research offers a wide range of methodologies that can be useful in understanding sexual harassment, though it is best known for individual, semi-structured interviews ( Bazeley 2003 ). Qualitative research can also be conducted in focus groups, bringing together similar constituencies in order to facilitate conversations among participants. Several social science disciplines also use ethnographic or autoethnographic methods. Ethnography is a systematic way of participating and observing in particular settings or cultures to answer research questions about the intersection of culture and lived experience, where autoethnography invites researchers to reflect on their personal experiences, and connect those experiences to a wider research question. For instance, much of the early work on sexual harassment in the field sciences was either interviews or autoethnography, particularly among cultural anthropologists, who often conduct their field work alone (e.g., Sharp and Kremer 2006 ). Qualitative approaches also include textual analysis of existing primary sources (e.g., studying science syllabi or job postings for gendered language), and case studies or narratives, where a single story is followed in depth. Case study data is often collected via interview, the difference being that rather than interviewing a large enough number to achieve saturation, a researcher will go for greater depth with each participant to construct a more detailed narrative (e.g., Banerjee and Pawley 2013 ).

Qualitative approaches are widely recognized as the method of choice for generating insight into complex phenomena, the contexts in which they occur, and their consequences ( Cho, Crenshaw, and McCall 2013 ). Such methods are thought to be particularly well suited to providing key background information and highlighting the experiences and perceptions of targets of oppression, such as those who have experienced sexual harassment. The approach also gives a voice to perspectives that tend not to be heard or to those with experiences that have few precedents in prior research ( Sofaer 1999 ).

Sociolegal Methods

Sociolegal studies is an interdisciplinary field in which scholars use all the research methods described above (surveys, experiments, interviews, case studies, ethnography) to study a wide range of topics about formal laws, law-like systems of rules, and the social and political relationships that help constitute what law is ( Banakar and Travers 2005 ). Legal research methods are also a part of sociolegal methods, and these include doctrinal analysis, legal history and doctrinal development studies, and answering questions about exactly what formal legal rules exist across jurisdictions and interrelated areas of law, where there is often ambiguity and conflict. Sociolegal scholars are, of course, attentive to what formal rules and laws actually exist (with sexual harassment, it is Title VII and Title IX doctrines), but a starting approach is to presume that what law is and how it works is much more complex than doctrinal study alone can reveal.

Sociolegal research methods tend to be based in the empirical, observational social sciences supported by legal research. Classic studies using these methods have documented how ordinary people generally resolve their disputes using local customs and norms rather than formal law ( Macaulay 1963 ; Ellickson 1991 ); how bringing a personal injury claim in a small community is a mark of outsider, subordinated status ( Engel 1984 ); and how difficult it can be for people who have experienced discrimination to use legal protections, because doing so causes them to feel victimized again ( Bumiller 1992 ). These types of sociolegal studies share the strengths and limitations of ethnographic and qualitative research methods generally: on the one hand, they can capture the rich contextual detail of a particular setting, group of people, and set of relationships, but on the other hand, they are limited in time and location, and do not yield broadly generalizable claims. Nonetheless, decades of research using these methods have yielded a considerable body of research that strongly suggests that what the formal law is and what people understand it to be are often quite far apart; that using formal systems to make claims about wrongs done to them is a very difficult thing for most people to do, though it can be empowering and produce social change; and that laws and the legal system typically support existing power structures rather than fundamentally reshape them ( Freeman 1978 ; Edelman 2016 ; Berrey, Nelson, and Nielsen 2017 ).

A sociolegal research method requires study of the law at many levels of experience to approach sexual harassment, for example, because it matters just as much what women think they deserve or will likely get as what the law formally offers them. Anna-Maria Marshall's study of sexual harassment experiences among female staff members at a midwestern university in 1997–1998, for example, combined in-depth interviewing of 25 female staff members with legal analysis at the national level, policy analysis at the university level, and a survey sent to 1,000 female employees selected at random from a university workplace to understand what counted as sexual harassment from their perspectives ( Marshall 2005 ). Whether something in a science, engineering, and medicine educational or workplace setting is sexual harassment is a category of experience for everyone involved, in other words, that must be assigned meaning, obligations, rights, duties, and processes.

Sociolegal scholars can also bridge between the social science methodologies and the law through research on what they call the “iceberg” or the “tip-of-the-iceberg” problem. The tip-of-the-iceberg problem is the recognition by researchers that published legal disputes are a very skewed and systematically unrepresentative sample from the universe of disputes. As Peter Siegelman and John Donohue (1990) describe the problem, “Most potential disputes never get defined by the actors as such, most actual disputes don't go to court, most court cases are settled rather than adjudicated, and most adjudicated cases are not appealed” (1133). Their analysis of published and unpublished district court opinions suggests that cases that reach the stage of a published judicial opinion may concern newer areas of case law or more dramatic or unusual circumstances that help explain why these cases were not disposed of earlier and before they appear for researchers to find. Publication as a legal outcome is one of the only ways a sexual harassment case could come to be known and studied, but there are many more legally protected routes to keeping cases and their outcomes from view. Confidential settlements, nondisclosure agreements, confidential notations in an academic or employment record, and dispositions of complaints that are not written down are all outcomes that cannot be studied, tracked, counted, or assessed.

Even when legal scholars attempt to collect samples of hundreds of sexual harassment claims, such as Ann Juliano and Stewart J. Schwab's 2000 survey of every reported federal district and appellate court ruling on sexual harassment between 1986 and 1995, totaling nearly 650, they concede that these cases are not representative of the universe of incidents. Juliano and Schwab found that the most successful cases involved sexual conduct directed at a specific target in a mostly male workplace that the target had complained about but which the employer had failed to respond to with any formal process ( Juliano and Schwab 2000 , 593). Another study, Nancy Chi Cantalupo and William Kidder's (2017b) recent study of sexual harassment in the academic context, attempts to pull cases from as far down the iceberg as possible, drawing in incidents recorded in more venues than the usual publication sources for judicial opinions, including media reports, administrative civil rights investigations at the Departments of Education and Justice, published lawsuits by students, and lawsuits over reinstatement for faculty members fired for sexual harassment. Cantalupo and Kidder find more physical (as opposed to verbal) harassment conduct and more evidence of serial harassers in documented complaints than survey researchers have found, for example. Even if they are not based in representative samples of cases and thus cannot be used to generalize about harassment rates, studies such as these can still yield important research conclusions about sexual harassment adjudications and judicial attitudes toward them.

• PREVALENCE OF SEXUAL HARASSMENT

Studies on sexual harassment from the 1980s through today continue to show that sexual harassment of women is widespread in workplaces and that the rates of sexual harassment have not significantly decreased. Studies have also identified common characteristics of sexual harassment in different workplaces and uncovered characteristics of workplaces that are associated with higher rates of sexual harassment. This section and the next one review what research can tell us about the trends in sexual harassment rates over time and what the common characteristics are of sexual harassment and sexually harassing environments.

Wherever possible, the report cites the most recent scientific studies of a topic. That said, the empirical research into sexual harassment, using rigorous scientific methods, dates back to the 1980s. This report cites conclusions from the earlier work when those results reveal historical trends or patterns over time. It also cites results from earlier studies when there is no theoretical reason to expect findings to have changed with the passage of time. For example, the inverse relationship between sexual harassment and job satisfaction is a robust one: the more an individual is harassed on the job, the less she or he likes that job. That basic finding has not changed over the course of 30 years, and there is no reason to expect that it will.

To access the trends in prevalence for sexual harassment, ideally we would examine longitudinal data that uses a well-validated behavior-based instrument for different workplaces and industries; unfortunately, this data is not available. The U.S. Merit System Protection Board (USMSPB) was one of the first organizations to study sexual harassment, with a focus on the federal workforce, which includes a variety of job types and workplace environments. The USMSPB surveys, conducted in 1980, 1987, 1994, and 2016, asked scientifically selected samples of federal workers about their experiences of specific forms of sexual harassment 7 at work in the past 24 months. These surveys used behavioral questions; however, they did not use the SEQ, and in earlier years the survey did not ask about nonsexualized forms of gender harassment such as sexist comments, which are known to be the most common form of sexual harassment ( Kabat-Farr and Cortina 2014 ). As a result, this is not a good source of longitudinal data covering all three forms of sexual harassment.

This survey does, however, provide an opportunity to assess a population's understanding of the term sexual harassment. The USMSPB conducted surveys that asked respondents whether they would classify certain behaviors as “sexual harassment.” The results showed that from 1980 to 2016 the proportion of respondents who classify the behaviors as sexual harassment rose, demonstrating an improvement in the population's understanding of that term. The percentage of men who believe that pressuring a female coworker for sexual favors is sexual harassment rose from 65 percent in 1980 to 93 percent in 1994 and to 97 percent in 2016. Likewise, the percentage of men who perceived unwanted sexual remarks in the workplace as being sexual harassment rose from 42 percent in 1980 to 64 percent in 1994 and to 94 percent in 2016. There was also an increase seen in the perceptions of women—the percentage of women who considered a coworker's sexual remarks as sexual harassment rose from 54 percent in 1980 to 77 percent in 1994 and to 95 percent in 2016. It is also significant to note that of respondents experiencing sexual harassing behaviors in the 2016 survey, only about 11 percent took any kind of formal action, such as filing a complaint or report with their organization ( USMSPB 2018 ). As the results just discussed demonstrate, this lack of reporting was not due to respondents inaccurately defining sexual harassment; rather, it reflects a reluctance by people to take formal action, which will be discussed in more detail in Chapter 4 .

The U.S. military is the other organization to study sexual harassment through large surveys early on and over multiple years. Starting in 1995 and going to 2012 8 the Defense Manpower Data Center (DMDC) has used an SEQ-format survey that asked about more than 20 specific sex- or gender-related behaviors experienced in the past 12 months. As shown in the results in Table 2-1 , the data demonstrate that the prevalence of all three types of sexual harassment has been consistent. It also demonstrates that the gender-harassing form of sexual harassment (broken out into crude and offensive behavior and sexist behavior) is by far the most prevalent type of sexually harassing behavior, a finding that is consistent with research in other workplace settings ( Kabat-Farr and Cortina 2014 ).

Rate of Active Duty Military Women Experiencing Sexually Harassing Behaviors at Least Once in the Past 12 Months as Measured in 2000, 2006, 2010, and 2012.

Given that there is limited longitudinal data on the prevalence of sexual harassment that uses a well-validated behavior-based instrument, the best analysis of the prevalence of sexual harassment across workplaces and time comes from a meta-analysis by Ilies and colleagues (2003) . Based on more than 86,000 respondents from 55 probability samples, Illies and colleagues demonstrate that on average, 58 percent of women experience sexually harassing behaviors at work. Looking further into the different workplace sectors, the researchers found that there was some variation between sectors, with the prevalence ranging from 43 to 69 percent (this is discussed further in Chapter 3 when comparing the academic environment to other sectors). Their analysis of trends over time revealed that over the 25 years examined, women who responded to surveys with behavioral-based instruments (and which used a probability sample) reported increasingly more experiences of sexual harassment. The authors note that their data cannot investigate the reasons for this change, and that only a time-trend analysis of data obtained from the same instruments can truly answer the question of what is the trend in prevalence rates.

• CHARACTERISTICS OF SEXUAL HARASSMENT AND SEXUALLY HARASSING ENVIRONMENTS

Rigorous survey research has identified common characteristics of sexual harassment. This work pushes against some of the main assumptions made on what it is, as well as how sexual harassment affects the targets, the bystanders, and the atmosphere of work and education settings. Here the chapter describes some of the aspects of sexual harassment that are strongly supported by the literature. However, we note that the data on varying experiences of sexual harassment of women of color, sexual minorities, and gender minorities is sparse, so these characteristics are likely to reflect the experience of majority women.

Characteristics of Sexual Harassment

Women are more likely to be sexually harassed than men and to experience sexual harassment at higher frequencies ( USMSPB 1995 ; Magley, Hulin et al. 1999 ; Ilies et al. 2003 ; Kabat-Farr and Cortina 2014 ). The 2012 DMDC survey results shown in Table 2-2 demonstrate that across all three types of sexual harassment, female personnel, compared with their male counterparts, were more likely to have experienced at least one instance of sexually harassing conduct over the prior 12 months. Likewise, in the 1994 USMSPB study of federal workers, it found more women (44 percent) than men (19 percent) describing experiences of any of seven types of sexually harassing behavior in the past 2 years at work ( USMSPB 1995 ). In a more recent study using the SEQ, Rosenthal, Smidt, and Freyd (2016) surveyed 525 graduate students regarding their exposure to sexual harassment while in graduate school. Female students were 1.64 times more likely to have experienced sexually harassing behavior from faculty or staff (38 percent) compared with male students (23 percent). Though the occasional survey reports no significant gender difference (e.g., Konik and Cortina 2008 ) in a specific group, many studies have found women encountering more sexually harassing conduct than men encounter.

Rate of Active Duty Military Women and Men Experiencing Sexually Harassing Behaviors at Least Once in the Past 12 Months.

The overwhelming majority of sexual harassment involves some form of gender harassment (the put-downs of sexual harassment that include sexist hostility and crude behavior). Unwanted sexual attention is the next most common form of sexual harassment, and only a small minority of women experience sexual coercion. For instance, Schneider, Swan, and Fitzgerald (1997) analyzed data from two samples of women: factory workers and university faculty/staff. In both samples, gender harassment was by far the most common experience: 54–60 percent of women described some encounter with gender harassment, either with or without unwanted sexual attention. In contrast, sexual coercion was rare, described by approximately 4 percent of women in each sample. Moreover, sexual coercion never took place without unwanted sexual attention and gender harassment. When analyzing the sexual harassment of graduate students, Rosenthal, Smidt, and Freyd (2016) found that 59 percent of harassment incidents involved some form of gender harassment, while only 5 percent included unwanted touching, and less than 4 percent entailed sexual coercion. In another study, Leskinen, Cortina, and Kabat (2011) analyzed survey data from two samples of women who work in highly male-dominated sectors: the military and the law. Focusing only on data from women who had encountered at least one sexually harassing behavior in the prior year, they found that 9 of every 10 people who experienced sexual harassment had encountered gender harassment with little or no unwanted sexual attention or coercion. While a recent national survey of 615 working men found that of the 25 percent of male respondents that admitted they had done at least one sexually harassing behavior in the last year, the most common form was gender harassment and the least common was sexual coercion ( Patel, Griggs, and Miller 2017 ).

That gender harassment is the most common type of sexual harassment is an unexpected finding in terms of what constitutes sexual harassment because unwanted sexual advances and sexual coercion are the most commonly reported both in official Title IX/Human Resources documentation ( Cantalupo and Kidder 2017a , 2017b ) and in the media. 9 This is in part why the misguided idea that sexual harassment is about sex has persisted.

In the vast majority of incidents of sexual harassment of women, men are the perpetrators. For instance, in the 1994 USMSPB study, 93 percent of sexually harassed women reported their perpetrators to be male ( USMSPB 1995 ). The DMDC's 1995 study turned up remarkably similar results, with 92 percent of sexually harassed women describing male perpetrators ( Magley, Waldo et al. 1999 ). In Rosenthal, Smidt, and Freyd's (2016) study of the sexual harassment of graduate students, among those who had been sexually harassed by faculty/staff, 86 percent of women described their harassers as male. Even when men are the targets of sexually harassing conduct, more often than not the perpetrator is also male (see also Kabat-Farr and Cortina 2014 ; Magley, Waldo et al. 1999 ).

Women are frequently harassed by coworkers and other employees (for students, it is fellow peers); superiors are not the most common perpetrators 10 ( USMSPB 1995 , 2018; AAUW 2005 ; Schneider, Pryor, and Fitzgerald 2011 ; Rosenthal, Smidt, and Freyd 2016 ). For example, in Rosenthal, Smidt, and Freyd's (2016) study of graduate students, 38 percent of female participants self-reported that they had experienced sexual harassment from faculty or staff, while 58 percent described sexual harassment from other students. In a study by Huerta and colleagues (2006) , student targets of sexual harassment described the harassing experience that bothered them the most. Fully three-quarters of these targets indicated the perpetrator of this “most bothersome” incident to be a peer (fellow student), whereas only one-quarter had perpetrators who were higher-status individuals (staff, faculty, or administrators).

Targets of sexual harassment often face repeated sexually harassing behaviors rather than one single incident. Rosenthal, Smidt, and Freyd's 2016 study of graduate students, in which 38 percent of women had encountered sexual harassment from faculty/staff and 58 percent had faced sexual harassment from students, only a small fraction (one-third or less) of these women described their harassment experience as being limited to a single incident. This confirms earlier research using data from the 1987 USMSPB survey, in which researchers found that “75 percent of those experiencing sexual teasing and jokes reported that it was not a one-time occurrence, and 54 percent of those pressured for sexual favors reported that it had occurred more than once ( USMSPB 1988 ). For most women, the harassment lasted more than a week, and often as long as 6 months” ( Schneider, Swan, and Fitzgerald 1997 , 402).

Sexual Harassment Among Women of Color and Sexual- and Gender-Minority Women

What is known about women's experiences is that those who have multiple marginalities—for instance women of color and sexual- and gender-minority women—experience certain kinds of harassment at greater rates than other women (e.g., Buchanan, Settles, and Woods 2008 ; Clancy et al. 2017 ; Cortina 2004 ; Cortina et al. 1998 ; Konik and Cortina 2008 ; Rabelo and Cortina 2014 ). Additionally, the cultural context in which people from different racial and ethnic backgrounds operate, as well as when they are numerically less represented in a workplace, can have effects on how they experience sexual harassment ( Cortina et al. 2002 ; Welsh et al. 2006 ). Thus, there is a wide spectrum of vulnerabilities, experiences, and consequences for women of color and gender minorities who are sexually harassed in the workplace.

As a field of study and as an analytical lens, intersectionality provides a framework to make visible the mutually constitutive relationship among race, ethnicity, sexuality, class, and other social positions that affect targets' experiences of harassment ( Collins 2015 ). It is rooted in Black feminism and Critical Race Theory and also makes visible intersecting axes of oppression that contribute to power hierarchies within a social structure related to race, ethnicity, gender, sexuality, and class. Addressing the legacy of exclusions of black women, legal scholar Kimberlé Williams Crenshaw used the concept of intersectionality to highlight the intersection of race and gender discrimination and how treating them as exclusive, and not intertwined, rendered the discrimination and multiple marginalities faced by black women invisible to antidiscrimination law ( Crenshaw 1989 , 1991 ). More recently, Crenshaw described intersectionality as a work in progress to denote the movement in and broadening of its use across disciplines and to a wider range of social locations ( Carbado 2013 ; Crenshaw 2014 ).

Some scholars have applied an intersectional lens to examine the sexual harassment experiences of women of color, though research in this area is still very limited. It is important to prioritize the study of sexual harassment among noncisgender (cisgender means feeling aligned with the gender you were assigned at birth), nonstraight, nonwhite women when considering the impact of sexual harassment within an organization. Recent research that has begun to look at sexual harassment through the lens of intersectionality reveals how the experiences of women of color compare with that of white women, white men, and men of color. This research demonstrates that women of color and sexual- and gender-minority women sometimes experience sexual harassment differently from other populations. Women of color often experience sexual harassment as a manifestation of both gender and race discrimination ( Cortina et al. 2002 ; Murrell 1996 ), which combined can lead to higher rates of overall harassment ( Berdahl and Moore 2006 ; Woods, Buchanan, and Settles 2009 ).

The RTI International interviews 11 were able to glean complexities of intersectionality and sexually harassing behavior. Respondents noted that the issues of sexual- and gender-based harassment are often overpowered by how other issues such as race and sexual orientation intersect with their lived experience as women. These women noted an inability to disentangle discrimination and biases as stemming either from gender or their intersecting identities ( RTI 2018 ).

And then there's a lot of fairly overt transphobia in my institution, I think. And I don't really know what to make of it. But there's sort of . . . traditional old Southern set of gendered expectations and norms that if you don't fit them, it's pretty clear what people think, and they don't have to say a lot about it for you to know, you know what I mean? ( Nontenure-track faculty member in nursing ) What I've concluded is that [much] of my push towards and tenacity around equality and equity actually lands on race. I think part of that is because I've been more affronted by my race than my gender, at least more overtly. Meaning, I've had people say to my face I don't want to be taking care of that black person, oh, you speak articulate for a black person. These micro-aggressions that go out there and statements and these innuendos. ( Nontenure-track faculty member in medicine )

These studies demonstrate that an individual's identity can affect how sexual harassment is perpetrated.

Likewise, lesbian, gay, and bisexual women encounter forms of harassment that reflect a combination of sexism and heterosexism ( Konik and Cortina 2008 ; Rabelo and Cortina 2014 ). Nonbinary individuals, on the other hand, must negotiate their identities within the constructs of the gender binary that is still prevalent today ( Dietert and Dentice 2009 ). A study by Irwin (2002) examined workplace discrimination in the education sector in Australia among gay men, lesbians, and transgender individuals. Irwin found that greater than 60 percent of teachers, academics, and educators who identified as lesbian, gay, or transgender have experienced homophobic behavior and/or harassment, and have been discriminated against in the workplace. The study also found that 16 percent of the individuals who identified as lesbian, gay, or transgender have been sexually harassed, and one participant was sexually assaulted.

The research on sexual minorities has shown that this population experiences more sexual harassment than heterosexual individuals. In a study of 629 employees in higher education, nearly 76.9 percent of sexual minorities (of both genders) experienced gender harassment, whereas only 30 percent of heterosexuals (of both genders) experienced gender harassment ( Konik and Cortina 2008 ). This trend continued for the other forms of sexual harassment (unwanted sexual attention and sexual coercion): 39.7 percent of sexual minorities experienced these types, whereas only 15.5 percent of heterosexuals experienced these types. In another study the prevalence and impact of heterosexist harassment, which is insensitive verbal and symbolic (but nonassaultive) behaviors that convey animosity toward nonheterosexuality, was examined among students. The study specifically looked at how experiences of this type of harassment affected sexual minorities and heterosexuals differently and found that sexual minorities were more likely to experience heterosexist harassment than heterosexuals (58 percent and 39 percent, respectively), and when sexual minorities experienced the harassment, they were equally likely to experience it directed at them as in an ambient form (53 percent and 47 percent, respectively) ( Silverschanz et al. 2008 ).

Characteristics of Sexually Harassing Environments

By far, the greatest predictors of the occurrence of sexual harassment are organizational. Individual-level factors (e.g., sexist attitudes, beliefs that rationalize or justify harassment, etc.) that might make someone decide to harass a work colleague, student, or peer are surely important. However, a person that has proclivities for sexual harassment will have those behaviors greatly inhibited when exposed to role models who behave in a professional way as compared with role models who behave in a harassing way, or when in an environment that does not support harassing behaviors and/or has strong consequences for these behaviors. Thus, this section considers some of the organizational and environmental variables that increase the risk of sexual harassment perpetration.

Women working in environments where men outnumber women, leadership is male-dominated, and/or jobs or occupations are considered atypical for women experience more frequent incidents of sexual harassment ( USMSPB 1995 ; Fitzgerald et al. 1997 ; Berdahl 2007b ; Willness, Steel, and Lee 2007 ; Schneider, Pryor, and Fitzgerald 2011 ). In particular, the more male-dominated the work environment, the more women experience the gender harassment form of sexual harassment. For example, in one study looking at the effect of workplace gender balance, the researchers analyzed data from women employees of the federal courts. When comparing women who work in gender-balanced workgroups (i.e., equal numbers of men and women in the workgroup) with those who work with almost all men, the researchers reported women in the latter category were 1.68 times more likely to encounter gender harassment ( Kabat-Farr and Cortina 2014 ).

The historical and cultural context of a work or education environment is of high relevance to the study of sexual harassment as well, since environments that are no longer male dominated in gender ratio may still be male dominated in their work practices, culture, or behavioral expectations.

The perceived absence of organizational sanctions increases the risk of sexual harassment perpetration. Perceptions of organizational tolerance for sexual harassment (also referred to as organizational climate for sexual harassment), are broken down into three categories: (1) the perceived risk to targets for complaining, (2) a perceived lack of sanctions against offenders, and (3) the perception that one's complaints will not be taken seriously ( Hulin, Fitzgerald, and Drasgow 1996 ). Research has shown that perceptions of an organization's tolerance for all three forms of sexually harassing behavior are significantly related to both direct and ambient sexual harassment. In environments that are perceived as more tolerant or permissive of sexual harassment, women are more likely to be directly harassed ( Fitzgerald et al. 1997 ; Williams, Fitzgerald, and Drasgow 1999 ) and to witness harassment of others ( Glomb et al. 1997 ). In fact, one meta-analysis that combined data from 41 studies with a total sample size of nearly 70,000 respondents found perception of organizational tolerance to be the most potent predictor of sexual harassment in work organizations ( Willness, Steel, and Lee 2007 ). In a recent national survey of 615 working men ( Patel, Griggs, and Miller 2017 ), sexually harassing behavior was more commonly reported “among men who say their company does not have guidelines against harassment, hotlines to report it or punishment for perpetrators, or who say their managers don't care.”

Social situations in which sexist views and sexually harassing behavior are modeled can enable, facilitate, or even encourage sexually harassing behaviors, while, conversely, positive role models can inhibit sexually harassing behavior ( Dekker and Barling 1998 ; Perry, Schmidtke, and Kulik 1998 ; Pryor, LaVite, and Stoller 1993 ). In one study, college men who had professed a willingness to sexually coerce were found to be more likely to sexually exploit a female trainee when they were exposed to an authority figure who acted in a sexually exploitive way ( Pryor, LaVite, and Stoller 1993 ). Hitlan and colleagues (2009) found that viewing a sexist film enhanced the tendency among the less sexist men to perform acts of gender harassment. In another experiment, men who viewed sexist TV clips were more likely to send women unsolicited sexist jokes and more likely to profess a willingness to engage in sexual coercion than men who watched programs portraying young, successful women in domains such as science, culture, and business ( Maass, Cadinu, and Galdi 2013 ). Conversely, experiments show that sexual harassment is less likely to occur if those behaviors are not accepted by authority figures ( Pryor, LaVite, and Stoller 1993 ). So, while social situations do not necessarily function as triggers for existing predilections to sexually harass, they can act as a force encouraging or discouraging men to sexually harass, demonstrating the power of practiced social norms (e.g., the social norms communicated by the actions of the people in an environment rather than their words or the words from official policy for an organization).

Other factors that research suggests increase the chances of sexual harassment perpetration are significant power differentials within hierarchical organizations and organizational tolerance of alcohol use. Hierarchical work environments like the military, where there is a large power differential between organizational levels and an expectation is not to question those higher up, tend to have higher rates of sexual harassment than organizations that have less power differential between the organizational levels, like the private sector and government ( Ilies et al. 2003 ; Schneider, Pryor, and Fitzgerald 2011 ). Environments that allow drinking during work breaks and have permissive norms related to drinking are positively associated with higher levels of gender harassment of women ( Bacharach, Bamberger, and McKinney 2007 ). Culturally, these are, again, patterns more common in currently or historically male-dominated workplaces.

• FINDINGS AND CONCLUSIONS

Sexual harassment is a form of discrimination that consists of three types of harassing behavior: (1) gender harassment (verbal and nonverbal behaviors that convey hostility, objectification, exclusion, or second-class status about members of one gender); (2) unwanted sexual attention (unwelcome verbal or physical sexual advances, which can include assault); and (3) sexual coercion (when favorable professional or educational treatment is conditioned on sexual activity). The distinctions between the types of harassment are important, particularly because many people do not realize that gender harassment is a form of sexual harassment.

Sexually harassing behavior can be either direct (targeted at an individual) or ambient (a general level of sexual harassment in an environment) and is harmful in both cases. It is considered illegal when it creates a hostile environment (gender harassment or unwanted sexual attention that is “severe or pervasive” enough to alter the conditions of employment, interfere with one's work performance, or impede one's ability to get an education) or when it is quid pro quo sexual harassment (when favorable professional or educational treatment is conditioned on sexual activity).

There are reliable scientific methods for determining the prevalence of sexual harassment. To measure the incidence of sexual harassment, surveys should follow the best practices that have emerged from the science of sexual harassment. This includes use of the Sexual Experiences Questionnaire, the most widely used and well-validated instrument available for measuring sexual harassment; assessment of specific behaviors without requiring the respondent to label the behaviors “sexual harassment”; focus on first-hand experience or observation of behavior (rather than rumor or hearsay); and focus on the recent past (1–2 years, to avoid problems of memory decay). Relying on the number of official reports of sexual harassment made to an organization is not an accurate method for determining the prevalence.

Some surveys underreport the incidence of sexual harassment because they have not followed standard and valid practices for survey research and sexual harassment research.

While properly conducted surveys are the best methods for estimating the prevalence of sexual harassment, other salient aspects of sexual harassment and its consequences can be examined using other research methods , such as behavioral laboratory experiments, interviews, case studies, ethnographies, and legal research. Such studies can provide information about the presence and nature of sexually harassing behavior in an organization, how it develops and continues (and influences the organizational climate), and how it attenuates or amplifies outcomes from sexual harassment.

Sexual harassment remains a persistent problem in the workplace at large. Across workplaces, five common characteristics emerge:

Women experience sexual harassment more often than men do.

Gender harassment (e.g., behaviors that communicate that women do not belong or do not merit respect) is by far the most common type of sexual harassment. When an environment is pervaded by gender harassment, unwanted sexual attention and sexual coercion become more likely to occur—in part because unwanted sexual attention and sexual coercion are almost never experienced by women without simultaneously experiencing gender harassment.

Men are more likely than women to commit sexual harassment.

Coworkers and peers more often commit sexual harassment than do superiors.

Sexually harassing behaviors are not typically isolated incidents; rather, they are a series or pattern of sometimes escalating incidents and behaviors.

Research that does not include the study of women of color and sexual- and gender-minority women presents an incomplete picture of women's experiences of sexual harassment. The preliminary research on the experiences of women of color, and sexual- and gender-minority women reveals that their experiences of sexual harassment can differ from the larger population of cisgender, straight, white women.

Women of color experience more harassment (sexual, racial/ethnic, or combination of the two) than white women, white men, and men of color do. Women of color often experience sexual harassment that includes racial harassment.

Sexual- and gender-minority people experience more sexual harassment than heterosexual women do.

The two characteristics of environments most associated with higher rates of sexual harassment are (a) male-dominated gender ratios and leadership and (b) an organizational climate that communicates tolerance of sexual harassment (e.g., leadership that fails to take complaints seriously, fails to sanction perpetrators, or fails to protect complainants from retaliation).

Organizational climate is, by far, the greatest predictor of the occurrence of sexual harassment, and ameliorating it can prevent people from sexually harassing others. A person more likely to engage in harassing behaviors is significantly less likely to do so in an environment that does not support harassing behaviors and/or has strong, clear, transparent consequences for these behaviors.

Barnes v. Costle , 561 F.2d 983, 987 (D.C. Cir. 1977).

Williams v. Saxbe , 413 F. Supp. 654 D.D.C. (1976).

Bundy v. Jackson , 641 F.2d 934 (D.C. Cir. 1981).

Meritor Savings Bank v. Vinson , 477 U.S. 57 (1986).

The empirical record on sexual harassment goes back over 30 years, and important studies were conducted in that first decade. Members of this committee thought carefully about whether to cite “older” articles (e.g., from the 1980s). We opted to retain those references when, in our expert opinion, their methods were rigorous and their conclusions would still apply in today's world.

Nonprobability samples are samples that are not representative of the whole population and are often used when a defined population is not possible to specify or when it is not necessary to have a representative dataset to achieve the goals of the research. These samples can include convenience samples and snowball samples.

The 1980 survey used 6 forms of “unwanted, uninvited sexual harassment,” the 1987 survey used 7 (adding rape and sexual assault), the 1994 survey used 8 (adding rape and stalking), and the 2016 survey used 12 forms (adding gender harassment types). The original six categories remained consistent throughout the years.

After the 2012 survey, the military asked the RAND Corporation to conduct a new survey revising the methodology as needed. The result was a significant change in how sexual harassment was defined in the analysis, and thus the prevalence numbers cannot easily be compared with the previous series of surveys. Whereas previous surveys assessed the prevalence of sexually harassing behaviors, the RAND survey used behavior-based questions to determine the prevalence rate of legally defined sexual harassment, meaning that they asked questions and grouped results based on hostile work environment and quid pro quo harassment. While quid pro quo harassment maps cleanly to sexual coercion, hostile work environment requires the condition that the sexually harassing behaviors (such as gender harassment and unwanted sexual attention) be considered by the respondent to be pervasive or severe—essentially requiring a frequency or severity assessment that had not been previously used. With this much narrower definition of “what counts” as harassing behavior, the 2016 survey yielded a lower overall rate of sexual harassment for women over a 12-month time period: 21.4 percent ( RAND 2016 ).

See, for example, https://www ​.nytimes.com ​/2017/10/05/us/harvey-weinstein-harassment-allegations ​.html?rref=collection ​%2Fbyline ​%2Fjodi-kantor ; https://www ​.nytimes.com ​/2017/10/10/us/gwyneth-paltrow-angelina-jolie-harvey-weinstein ​.html?rref=collection ​%2Fbyline%2Fjodi-kantor&action ​=click&contentCollection ​=undefined&region ​=stream&module ​=stream_unit&version ​=latest&contentPlacement ​=10&pgtype=collection ; https://www ​.buzzfeed ​.com/azeenghorayshi/geoff-marcy-at-sfsu?utm_term= ​.phP5anr0n#.kprpq6Gj6 ; https://www ​.buzzfeed ​.com/azeenghorayshi/ott-harassment-investigation?utm_term= ​.vi3ByvlNv#.wm83947r4 ; and https://www ​.reuters.com ​/article/us-foxnews-lawsuit ​/ex-fox-news-anchor-accuses-former-boss-ailes-of-sexual-harassment-idUSKCN0ZM21I .

One obvious factor that contributes to this difference is that there are most often more coworkers or peers than there are superiors.

This research was commissioned by the committee and the full report on this research is available in Appendix C .

• Cite this Page National Academies of Sciences, Engineering, and Medicine; Policy and Global Affairs; Committee on Women in Science, Engineering, and Medicine; Committee on the Impacts of Sexual Harassment in Academia; Benya FF, Widnall SE, Johnson PA, editors. Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington (DC): National Academies Press (US); 2018 Jun 12. 2, Sexual Harassment Research.
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The many faces of sexual harassment in PH

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This is AI generated summarization, which may have errors. For context, always refer to the full article.

MANILA, Philippines – President-elect Rodrigo Duterte is under fire after wolf whistling at a reporter in a press conference on Tuesday, May 31, and defending it days after by saying that it was “not a sexual thing.”  

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.”

Under the Civil Service Commission Resolution Number 01-0940 , a set of administrative rules for government employees, forms of sexual harassment include:

• malicious touching
• overt sexual advances
• gestures with lewd insinuation
• requests or demands for sexual favors, and lurid remarks
• use of objects, pictures or graphics, letters or writing notes with sexual underpinnings
• other forms analogous to the ones mentioned

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:

• persistent telling of offensive jokes, such as green jokes or other analogous statements to someone who finds them offensive or humiliating
• taunting a person with constant talk about sex and sexual innuendos
• displaying offensive or lewd pictures and publications in the workplace
• interrogating someone about sexual activities or private life during interviews for employment, scholarship grant, or any lawful activity applied for
• making offensive hand or body gestures at someone
• repeatedly asking for dates despite verbal rejection
• staring or leering maliciously
• touching, pinching, or brushing up against someone’s body unnecessarily or deliberately
• kissing or embracing someone against her will
• requesting sexual favors in exchange for a good grade, obtaining a good job or promotion, etc
• cursing, whistling, or calling a woman in public with words having dirty connotations or implications which tend to ridicule, humiliate or embarrass the woman such as “puta” (prostitute), “boring,” “peste” (pest), etc
• any other unnecessary acts during physical examinations
• requiring women to wear suggestive or provocative attire during interviews for job hiring, promotion, and admission

Street harassment is among the most common forms of sexual harassment. (READ: The streets that haunt Filipino women )

Sexual harassment in public spaces: “Unwanted comments, gestures, and actions forced on a stranger in a public place without their consent and is directed at them because of their actual or perceived sex, gender, gender expression, or sexual orientation.” – Stop Street Harassment Organization

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.

According to the Philippine Statistics Authority , sexual harassment may happen in the following:

• premises of the workplace or office or of the school or training institution
• any place where the parties are found, as a result of work or education or training responsibilities or relations
• work- or education- or training-related social functions
• while on official business outside the office or school or training institution or during work- or school- or training-related travel
• at official conferences, fora, symposia, or training sessions
• by telephone, cellular phone, fax machine, or electronic mail

Women are most vulnerable

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.

Across all ages, 12 to 55 and above, wolf whistling and catcalling are the most experienced cases. (READ: ‘Hi, sexy!’ is not a compliment )

Quezon City is the first city in Metro Manila to impose penalties on street harassment.

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  

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