R.A. No. 11313

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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

THANK YOU !!!

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