The document summarizes the key provisions of Republic Act No. 11313, also known as the Safe Spaces Act or the "Bawal Bastos" law. The law aims to ensure personal safety and prevent gender-based sexual harassment in public spaces, privately-owned public places, and online. It prohibits acts like catcalling, lewd comments, unwanted touching, stalking and sharing private content without consent. Penalties for violations include fines and imprisonment, with increased penalties for repeat offenses and qualified cases. The law also provides for penalties for failing to address reported harassment in workplaces or schools.
The document summarizes the key provisions of Republic Act No. 11313, also known as the Safe Spaces Act or the "Bawal Bastos" law. The law aims to ensure personal safety and prevent gender-based sexual harassment in public spaces, privately-owned public places, and online. It prohibits acts like catcalling, lewd comments, unwanted touching, stalking and sharing private content without consent. Penalties for violations include fines and imprisonment, with increased penalties for repeat offenses and qualified cases. The law also provides for penalties for failing to address reported harassment in workplaces or schools.
The document summarizes the key provisions of Republic Act No. 11313, also known as the Safe Spaces Act or the "Bawal Bastos" law. The law aims to ensure personal safety and prevent gender-based sexual harassment in public spaces, privately-owned public places, and online. It prohibits acts like catcalling, lewd comments, unwanted touching, stalking and sharing private content without consent. Penalties for violations include fines and imprisonment, with increased penalties for repeat offenses and qualified cases. The law also provides for penalties for failing to address reported harassment in workplaces or schools.
The document summarizes the key provisions of Republic Act No. 11313, also known as the Safe Spaces Act or the "Bawal Bastos" law. The law aims to ensure personal safety and prevent gender-based sexual harassment in public spaces, privately-owned public places, and online. It prohibits acts like catcalling, lewd comments, unwanted touching, stalking and sharing private content without consent. Penalties for violations include fines and imprisonment, with increased penalties for repeat offenses and qualified cases. The law also provides for penalties for failing to address reported harassment in workplaces or schools.
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R.A NO.
11313 “The Safe Spaces Act” also known as ANTI-BASTOS LAW
BY: CG LTSG KIM IVAN B TIU
Salient provision of R.A 11313
On April 17, 2019, the Safe Spaces Act, or previously the “Bawal Bastos” bill, was signed into law.
With the aim of ensuring an individual’s sense of personal space
and public safety, the Safe Spaces Act addresses gender-based sexual harassment in public areas such as streets, privately-owned places open to the public, and public utility vehicles, among others. It also extends the protection even to cyberspace, and provides for prohibited acts and their corresponding penalties. Below is a summary of the acts punished under the Safe Spaces Act and their corresponding penalties: A. GENDER-BASED SEXUAL HARASSMENT IN STREETS AND PUBLIC SPACES:
1. Cursing, wolf-whistling, catcalling, leering and intrusive gazing,
taunting, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted comments on one’s appearance, relentless requests for one’s personal details such as name, contact and social media details or destination, the use of words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands, and any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety Penalty:
First offense: fine of one thousand pesos (P1,000.00) and
community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar
Second offense: arresto menor (6 to 10 days) or a fine of
Three Thousand Pesos (P3,000.00)
Third offense: arresto menor (11 to 30 days) or a fine of
Ten Thousand Pesos (P10,000.00) A. GENDER-BASED SEXUAL HARASSMENT IN STREETS AND PUBLIC SPACES:
2. Making offensive body gesture at someone, exposing private
parts for the sexual gratification of the perpetrator with the effect of demanding, harassing, threatening or intimidating the offended party including flashing of private parts, public masturbation, groping, and similar lewd sexual actions. Penalty:
First offense: fine of Ten Thousand pesos (P10,000.00)
and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar
Second offense: arresto menor (11 to 30 days) or a fine
of Fifteen Thousand Pesos (P15,000.00)
Third offense: arresto menor (1 month and 1 day to 6
moths) and a fine of Twenty Thousand Pesos (P20,000.00) A. GENDER-BASED SEXUAL HARASSMENT IN STREETS AND PUBLIC SPACES:
3. Stalking, any of the acts mentioned in 11(a) or 11(b) when
accompanied by touching, pinching or brushing against the body of the offended person; any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, buttocks or any part of the victim’s body even when not accompanied by acts mentioned in 11(a) and 11(b) Penalty:
First offense: arresto menor (11 to 30 days) or a fine of
Thirty Thousand Pesos (P30,000.00), provided that it Includes attendance in a Gender Sensitivity Seminar
Second offense: arresto mayor (1 month and 1 day) or a
fine of Fifty Thousand Pesos (P50,000.00)
Third offense: arresto mayor in its maximum period or a
fine of One Hundred Thousand Pesos (P100,000.00) B. GENDER-BASED ONLINE SEXUAL HARASSMENT
1. Invasion of the victim’s privacy through cyberstalking
and incessant messaging, 2. uploading and sharing without the consent of the victim any forms of media that contains photos, voice or video with sexual consent, 3. Any unauthorizes recording and sharing of any of the victim’s photos, videos, or any information online’ 4. Impersonating identities of victims online or posting lies about victim’s to harm their reputation’ 5. filing false about reports to online platforms to silence victim’s B. GENDER-BASED ONLINE SEXUAL HARASSMENT
Penalty:
Prison correctional in its medium period (6 months and
1 day to 6 years) or a fine of not less than one hundred thousand pesos (P100,000.00) but not more than five hundred thousand pesos (P500,000.00), or both at the discretion of the court C. QUALIFIED GENDER-BASED SEXUAL HARASSMENT
Penalty:
Penalty next higher in degree
D. GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE AND EDUCATIONAL OR TRAINING INSTITUTIONS
Penalty:
Administrative penalties as provided by the employer’s
committee on Decorum and Investigation, and without prejudice to other applicable criminal violations and penalties E. Failure of employment or school heads to implement their duties under the Safe Spaces Act (i.e. including setting of administrative penalties to violations of Gender-Based sexual harassment in the workplace)
Penalty:
Fine not less than five thousand pesos (P5,000.00) nor
more than ten thousand pesos (P10,000.00) E. Failure of employment or school heads to take action on reported acts of Gender-Based sexual harassment committed in the workplace or in the educational institution
Penalty:
Fine not less than ten thousand pesos (P10,000.00) nor
more than fifteen thousand pesos (P15,000.00) END OF PRESENTATION