Legal HD Episode 16 - Sexual Harassment

Summary

The video discusses the issue of sexual harassment, focusing on its legal definition, various forms, and how individuals can address it within the Philippine legal framework. Experts clarify the difference between sexual harassment (under Republic Act 7877) and acts of lasciviousness, emphasizing that both can lead to legal action. They explore various scenarios, including workplace harassment, inappropriate advances, and harassment in educational settings. The video encourages individuals to report such incidents, providing practical advice for both victims and witnesses. It also highlights resources available for legal assistance, such as free consultations at the Quezon City Protection Center.

Takeaways

• 😀 Sexual harassment is any unwelcome sexual behavior, including gestures, verbal comments, or physical acts like whistling, winking, or licking one's lips.
• 😀 Under the United Nations definition, sexual harassment includes any unwanted sexual behavior, whereas Philippine law (Republic Act 7877) is more specific to workplace, education, or training environments.
• 😀 Sexual harassment can occur in workplaces, schools, and public places, with various acts such as inappropriate jokes, comments, or physical advances considered forms of harassment.
• 😀 Victims of sexual harassment often do not report the incident due to fear of not being taken seriously or facing retaliation, but this should not prevent them from speaking out.
• 😀 Under Philippine law, sexual harassment cases in the workplace or education settings are covered by Republic Act 7877, but some behaviors might fall under acts of lasciviousness under the Revised Penal Code.
• 😀 If harassment occurs in public spaces or outside of the specified environments, victims can file a case for acts of lasciviousness, which is punishable under the Revised Penal Code.
• 😀 The law protects all genders, meaning both men and women can be victims or perpetrators of sexual harassment.
• 😀 To address harassment, victims should report incidents to HR, document the behavior, and, if necessary, file formal complaints or criminal cases for sexual harassment or acts of lasciviousness.
• 😀 Consent is not a valid defense in cases involving authority figures, such as teachers or employers, who engage in sexual relationships with subordinates or students.
• 😀 Employers can be held liable for sexual harassment under Republic Act 7877, and failing to take immediate action can result in legal consequences, including criminal charges for the harasser.

Q & A

What is the definition of sexual harassment according to the United Nations?

Sexual harassment is defined by the United Nations as any unwelcome behavior of a sexual nature, which can include sexual innuendos, gestures, and physical acts. Even actions like whistling, winking, or licking one’s lips are considered forms of sexual harassment.

What are some examples of sexual harassment that occur in the workplace or schools?

Examples of sexual harassment in the workplace or schools include unwanted sexual comments, gestures, physical contact, and demands for sexual favors. Even non-verbal actions such as inappropriate winking, whistling, or sexual innuendos are considered harassment.

What should a woman do if she experiences sexual harassment but is afraid to report it?

A woman who experiences sexual harassment should document the incidents, report it to HR or relevant authorities, and seek legal advice. It's crucial not to let fear prevent the reporting of such behavior, as laws exist to protect victims.

Can sexual harassment be covered by laws if it occurs outside of the workplace or educational environment?

Yes, if the harassment occurs outside of these environments, it may still be covered under the law through charges of acts of lasciviousness. These are criminal offenses under the Revised Penal Code of the Philippines.

What is the difference between sexual harassment and acts of lasciviousness under Philippine law?

Sexual harassment, as defined by Republic Act 7877, applies to unwanted sexual conduct in a workplace, educational, or training environment. Acts of lasciviousness, however, can be charged for behaviors that occur outside of these environments, such as in public places.

What legal steps can be taken if a boss makes sexual advances toward an employee?

If a boss makes sexual advances, the employee should report the incident to HR. If no action is taken, the employee may file a criminal case for sexual harassment under Republic Act 7877, or pursue a case for acts of lasciviousness under the Revised Penal Code.

How does the law define 'sexual harassment' in terms of authority and influence?

Sexual harassment is defined as any unwanted sexual conduct where the offender uses authority, influence, or moral ascendency to demand or request sexual favors. This is particularly relevant in situations like employer-employee or teacher-student relationships.

What penalties can a person face if found guilty of sexual harassment under Republic Act 7877?

Under Republic Act 7877, the penalties for sexual harassment range from one to six months of imprisonment and fines between 10,000 to 20,000 pesos. The offender may also face civil liability for damages.

What should a victim do if they notice sexual harassment happening to someone else?

If a victim notices sexual harassment happening to someone else, they can report the incident to the relevant authorities. If the victim of harassment refuses to file a complaint, the witness can still report the incident and support the victim's case.

How can organizations help empower women to report sexual harassment?

Organizations can empower women by creating accessible channels for reporting harassment, providing legal support and counseling, and educating employees about their rights. It's important to create a safe environment where victims feel they won't be blamed or retaliated against.