Good morning! It is always a pleasure to talk before student leaders. I was told that most of you are student leaders here. The topic of course, is not that pleasurable. I remember when I was a student, no one told me about sexual harassment and no one taught us about sexual harassment. These days, of course, the term sexual harassment is relatively common. Before, the concept was completely unknown in the Philippines. The first time sexual harassment came out in the papers was when there was a complaint filed in the U.S. by a woman named Anita Hill. Local papers also covered the incident back in 1993 or earlier, when she filed a complaint against a nominee to the Supreme Court of the U.S.

Here in the Philippines, the first time that sexual harassment really became an issue was when a COMELEC commissioner complained that another commissioner kissed her against will. It was the “kissing lolo” case. The case was covered because she was a personality in the government. It is not to say that there are a few cases of sexual harassment. As I will discuss later, sexual harassment is a common occurrence in our daily lives particularly to women.

I remember one day when I was about to go home from the office. While I was packing my things, I received a call from a woman who didn’t want to give her name. She asked if she had the right number, if she had called the Women’s Legal Bureau. She asked if she could talk to a lawyer. I said, “Yes. You are talking to a lawyer.” And she said, “I just would like to ask questions.” I asked her name, she replied, “Can I remain anonymous?” She told me about her problems in school. She told me that there was this professor in her class who kept harassing her but she wasn’t sure whether what she is experiencing was sexual harassment. She wanted me to confirm that indeed it was sexual harassment and I said it was. She asked me what she can do to address the situation since she didn’t want to file any complaint. “I don’t want to come out and say I have been sexually harassed. I don’t want my classmates to know. I don’t want my professor to give me a failing grade. Just tell me what I can do without confronting my professor, without telling my classmates.” I suggested a certain course of action that she could take without coming out publicly as a victim. The reason why I am telling you the story is that it is common for women not to complain about sexual harassment. It is common for women to think of the consequences when complaining about sexual harassment whether it is in the school or in the workplace. Thus, I’d like to discuss the issue with you and hopefully contribute to the improvement of universities, our work places and society in general by knowing what sexual harassment is and taking action against it.

What is sexual harassment? Where does sexual harassment happen or occur? Who gets sexually harassed? Who are the sexual harassers? Why does it happen? I’d like to talk a bit also about sexual harassment as a human rights violation and then the laws and policies of sexual harassment and what we can do when we are sexually harassed.

What is sexual harassment? Many women are not sure at all when they are sexually harassed and they want another person to confirm that indeed it is sexual harassment. Sexual harassment consists of unwanted sexual advances, requests for sexual favors and other visual, verbal or physical conduct of a sexual nature. That is sexual harassment in very broad terms.

I want to emphasize particular terms in this definition. I want to emphasize the word “unwanted”. I want to emphasize the word “sexual advance”, the word “sexual” gives it a distinctive nature. The different forms reflected in its definition of sexual harassment: visual, verbal and physical.

First, “unwanted”: Palaging tinatanong, “Paano iyan kung gusto ko rin?” Ang sagot diyan simple lang, hindi iyon sexual harassment kasi ginusto mo. Ang unang characteristic ng sexual harassment ay hindi ginusto. By saying that it is unwanted, I mean that it is always determined from the point of view of the recipient.

If we want to avoid harassing another, we have to be sensitive. We have to be respectful. Kapag medyo hindi na maganda ang mukha ng tao, nakaka-violate na tayo. Minsan depende rin sa kultura natin. Mayroon tayong pakikitungo na medyo naglulukohan, nagbibiruan tapos ang biro natin bastos na biro-but up to a certain point only. The question is “When do you stop joking?” One of them may mind what is happening, what we are saying and so we have to be sensitive to the situation. This is where sensitivity is required. You always have to be sensitive.

Some examples of verbal forms of sexual harassment, “Nakikita ko ang panty line mo. Ang ganda-ganda ng puwet mo, ng lips mo…” For physical forms of harassment, for instance, accidental brushing of the body (tsansing). For gestural forms, sign of the hand or dirty finger o anuman ang gusto mong pahiwatig by using the fingers, using the hand or the body. Ang body language nakaka-harass din. Visual forms of sexual harassment: halimbawa lagyan natin ng litrato ng hubad na babae sa mesa ng isang kaklase o kasama to embarrass her, to make her squirm, to make her feel uncomfortable-that is a form of harassment.

Sexual harassment includes different forms of sexual abuses, it can range from a remark or a whistle and can lead to rape. I say that rape is the ultimate form of sexual harassment.

Sexual harassment is a violation of a person and it is always unwanted. The rule is sensitivity and respect. We always have to respect a person’s personal space. This personal space is a certain distance between yourself and the person you are talking to. An invisible line surrounds the person. Hindi ka makikipagusap nang napakalapit. Kailangan mong i-respeto ang personal space ng taong hindi mo kakilala. You can only enter that personal space if you are already intimate with the person. It means that your parents, family members or persons you are intimate with are able to enter that personal space. Nakakahalik, nakakayakap at nakakaakbay ka. Otherwise, you don’t allow a stranger in your personal space. Usually, strangers harass and violate that space.

Even between two people who have a personal relationship, sexual harassment can still happen. For example, between a boyfriend and girlfriend-it doesn’t mean that since they are sweethearts, harassment is absent. A person still has that personal space and it must be respected. Ibig sabihin, kung papasok ang isang tao sa iyong personal space, kailangan pa rin consensual. The other person can say, “No, huwag mo muna akong akbayan, akapin. Ayoko. Huwag mo akong halikan. Don’t hold my hand, I don’t like it. I want to be alone.” If the person still insists to enter that personal space without your consent, that is sexual harassment. We also have to remember that you don’t have to physically enter that space. It can be done by a mere look. Maaari tayong ma-harass, halimbawa, tinititigan natin ang isang tao at huhubaran natin siya and the person doesn’t want it, that is sexual harassment.

The different types of sexual harassment. The first type is called quid pro quo. It is a Latin term which means, “kaliwaan tayo”-may ibibigay ako sa iyo at may ibibigay ka rin sa akin. The second type is the hostile working environment or hostile academic environment for students.

Quid pro quo type of sexual harassment. These are conditions or terms regarding employment or academic status. Sexual harassment is used implicitly or explicitly. It is used as a condition of an individual for work or academic advancement. Mayroong kapalit o kaya kabaligtaran. “Kung hindi ka papayag, tatangalin kita sa trabaho.” Sa eskwelahan, “Kung pumayag ka, bibigyan kita ng passing grade o mas mataas na grade. Kung hindi, ibabagsak kita sa subject.” In many cases, the transaction is implied. That is why students fear of getting a failing grade if he/she does not give in to the request.

Hostile working/ academic environment type. The word hostility means that the situation is no longer conducive for a person to either work or study. The harasser continues the harassment through other forms. Halimbawa, pinapahirapan sa klase, iniinsulto, binabastos o kung sa pagawaan, binibigyan ng maraming trabaho o palaging pinapagalitan. The environment becomes hostile and ultimately the person gets affected and will either resign from work or just drop out from school. A hostile environment can be caused indirectly by the sexual harasser. It means that the harasser is not the primary person making the environment unfriendly. For example, the woman refused. What the harasser did in retaliation for the refusal was to spread vicious rumors about that woman to colleagues: “Ang cheap niya…maruming babae iyan…mahilig sa lalake…may anak siya pero walang asawa.” Superiors or peers can be hostile toward the woman and they contribute to the unpleasant environment.

It doesn’t mean there are only two types of sexual harassment. Harassment can also happen outside the school or workplace. It can happen in the factories, the malls, in the streets or public utility vehicles. Sinong naka-experience na sumakay ng jeep o bus at may nagpakita ng ari niya? O kaya sisiksikin kayo at ikikiskis ang kanilang harap sa likod ninyo? O kaya dadaan kayo sa kalye kung saan maraming tambay at may sisipol sa inyo? It happens often. That is sexual harassment. They don’t fall under any of the two types-you cannot say that is quid pro quo or hostile environment. In other words, sexual harassment happens in all places. In your own home, even relatives and family members can sexually harass you.

Who gets sexually harassed? Sabihin natin, mga babaing naka-seksing damit lang o ang mga nakashorts ay biktima na pang-haharass. Kaya sila nahaharass kasi nakashorts sila o naka-damit na manipis. Statements like these in effect say that it is women’s fault why they are sexually harassed. Even if they were men, it is always the person’s fault that he or she is harassed. It is completely false. The attire may be contributory but it is not the reason why one is sexually harassed.

Let me give you the usual profile of a person who is harassed: ninety-five percent of women get harassed and majority is below 30 years of age. So ibig sabihin, kayo ang majority. Not that I don’t get sexually harassed pero ang sinasabi ko ang karamihan sa age bracket na ito ay nahaharass. It doesn’t mean that a woman 65 years of age cannot get harassed because I know of some old women who get sexually harassed. The third factor is the lack of economic options adds to women’s vulnerability to harassment. There was a documentary before of metro aide employees who were harassed at work. Ang kinukwento nila ang policy raw ay “lay down or lay off”. Karamihan sa kanila ay babae. Isipin ninyo ang suweldo ng metro aide. Sabi nila, wala kaming choice kasi matatanggal kami sa trabaho kapag hindi kami pumayag.

I speak of women because women are the most common victims of sexual harassment. Pagdating naman sa eskwelahan, usually students feel trapped. Wala silang choice. Halimbawa kung graduating pa sila at sasabihin ng magulang nila, “Kailangan maka-graduate ka ngayon, kailangan maipasa mo ang lahat ng subjects.” And then here’s a professor who is sexually harassing her. What does she do? The situation adds vulnerability. Thus, the person is forced to conform because of the situation. It has nothing to do with the way one dresses up.

I’m telling you that it is my personal belief and I hope you agree with me that each one has the right to dress the way one wants to. You can wear shorts if you want to wear shorts and if you feel comfortable. But of course, there are situations where one has to dress appropriately. It is more of an appropriateness in attire and not because a person is in shorts that person deserves to be harassed. For example, a woman has the right to wear a bikini but wearing a bikini in church is not appropriate. If I were the person looking at the woman in a bikini, I’ll be embarrassed for her because I think the attire is inappropriate. But it is not a license for me to abuse the person. We have to make a distinction. We may feel embarrassed and think the attire is not suitable for the occasion but it is not a license to violate or abuse because we recognize each person has the right to choose his or her attire.

Who are the sexual harassers? Usually male. Very rarely do women sexually harass. I have not yet encountered a situation or at least a complaint of a woman harasser but I’m not saying it doesn’t happen. It happens very rarely. Harassment occurs among one’s peers or superiors-kapareho mong estudyante, pareho mong posisyon sa trabaho o kaya nakatataas na posisyon. A subordinate doesn’t usually harass. Only a person of a higher rank than you. This will explain that sexual harassment is an issue of power. There is a different explanation between peers. I have encountered seven year old children who harass older women-seven year old boys harassing women in their 20’s or 30’s. They are very, very brave and usually come in groups. Of course, I’m not saying that a one year old baby can inflict harassment. It has nothing to do with age. A 65 year old man can also harass.

Why does sexual harassment happen? Ang unang paliwanag diyan ay socialization. Ito ang pagpapalaki sa atin, hindi lang ng pamilya natin, kundi ng buong lipunan. We are raised to think that men are sexual aggressors and women are sexually passive. Ibig sabihin pinapalaki si Pedro sa paniniwala na siya ang aggressor in sexual relating. He must initiate aggression in sexual relating and because of that he must claim what he desires. Women believe they should wait and be passive-mag-antay ka at huwag kang gumalaw hangga’t lumapit sa iyo. There have been men and women who have been socialized to believe that.

Another belief is that women are there for men’s sexual pleasure. Paniniwala ng karamihan, hindi ko sinasabi lahat. Why is it that when men see a woman in shorts they think she is seducing or flirting with them? Tinatanong ninyo ba kung ito’y tama? Hindi ninyo tinatanong pero sa totoo lang hindi tama iyon. I choose my clothes not because I want other people to admire me but because I want to feel comfortable. That’s really the primary consideration for many who choose a particular way of dressing and it’s not because nagpapa-display. But indeed there are some exceptions.

I’m not saying only women wearing shorts get sexually harassed. That’s not true. Because it is not in the way one dresses up, kahit naka-duster ka diyan, kahit hindi naka-suklay ang buhok mo, ma-haharass ka. This is really a problem in addressing sexual harassment. We tend to accept the different forms of sexual harassment except the really violent ones such as rape. Kapag sinabing rape, iba na iyan. Even then, a rape survivor finds it difficult to complain about rape. Some women consider it part of male-female relating. I beg to disagree na hindi kasama iyon-ang pang-aabuso ay hindi normal. It shouldn’t be considered a norm. Halimbawa, hinipuan ka sa puwet. Sasabihin sa iyo, “Hayaan mo na iyon. Wala namang nawala sa iyo di ba?…huwag mo nang pansinin iyon…maliit na bagay lang iyan huwag ka nang mag-reklamo, pampagulo lang iyan…magkakaroon tayo ng problema.” It is what society tells us, tells women in particular-for us to accept this violation because anyway, they are trivial or normal.

The reason why rape occurs is the same reason why sexual harassment ocurs. If we don’t address those little forms of sexual violations we can never, never address rape. It is just but a continuum. It starts with small things that can escalate. We should not accept it as just a normal occurrence.

I remember when I was in the UP College of Law, there was a floor reserved for “girl watchers”. Isang grupo ng lalaki nakaupo doon sa floor para mag-girl watch. Ang mga babae hirap na hirap dumaan sa floor na iyon. Men think it was their right and privilege to do that. Then a friend told me, ang ginawa nila dahil sa inis nilang mga babae, they grouped together and they sat around a table near the door and called themselves “crotch watchers”-watching crotches of men. When men asked what they were doing, they said “Nanonood kami ng mga crotches ninyo….” The guys became so embarrassed. When the tables are turned, they realized how it felt like. But then again, hindi natin gusto iyon-dahil ginawa nila, gagawin din natin ito. As student leaders, as the future of the country, I hope you don’t think that it is a privilege to violate a person. That is an abuse, a violation against your fellow human being.

Why does sexual harassment happen? If we look at the reasons why harassment happens, we have to review how we were brought up and how we were socialized. Kung magiging nanay or tatay sa darating na panahon, papaano ko palalakihin ang mga anak ko na hindi ganito ang kanilang paniniwala, ang kanilang mga gawi, ang kanilang pananaw na privilehiyo ang mang-abuso o mang-harass (they don’t even call it sexual harassment, by the way). They think it is nothing, sasabihin na isang paligo lang iyan. Even in rape cases, men say, “Isang paligo lang iyan.” I have dealt with many rape survivors and it is not true na isang paligo lang iyan. Buong buhay iyan. I really wish that men will be able to witness what I have witnessed, they would say, ganito pala ang ginagawa ng kalalakihan, ganito pala ang epekto and they will think twice.

What are the causes of sexual harassment? We have to exert collective efforts to address sexual harassment and we should not civilize it. There are physical, psychological and socio-economic causes. The psychological impact of harassment is tremendous and the tendency is to be angry with oneself. However, you have to stop blaming yourself for what happened. If it happened in a school set-up, the student may stop going to school. When one experiences psychological trauma, it also manifests physically-nagkakasakit, masakit ang ulo at kung anu-anong sakit ng katawan. For the socio-economic factor, can you imagine if everyone suffers or experiences harassment and the environment is hostile and women dropped out from school or work?

I admire the tenacity of women to endure harassment. From the time she steps out of her home and enters her school or office, she can get harassed along the way. Can you imagine a woman who experiences that every day of her life? Kung mahina ka, give up ka na lang o sasabihin mo anong klaseng buhay ito? I’m not kidding. Mayroon din tayong coping mechanism, we are able to block it off by a headache. Something must have happened along the way pero hindi na natin iniisip. I really admire the endurance of women who continue to perform, to work, to study in spite of the violence they experience in their everyday life.

What to do when sexually harassed. Number one, trust your intuition. I always believe that you know when you are harassed, you don’t need confirmation. No one else can say it is harassment if you were the one who felt violated or abused. Trust your intuition. Be alert. I’m not saying that when you are harassed, you hit the person at once or scream out loud, it depends on the situation. I think that if we pretend that it is not happening, it can progress to the next phase. Before you know it, it is too late for you to adjust to the situation. This has happened to many clients. They couldn’t believe that it was happening to them, that it is being done to them by someone they know, by someone they trust.

Therefore, do not pretend, be alert if it progresses so you can immediately do something about it. Then speak out, say, “You are harassing me.” You don’t have to say that in those words. Tell the harasser to stop and be firm about it. If you need to shout, do so. Move away or leave the place immediately. You can do that in some or many instances. If there are many people, move away from the person. If it is a room and you are alone with the person, try to leave the place immediately. These are just precautions baka kasi may mangyari pa. Get help if you can. Ibig sabihin bakit hindi ka humingi ng tulong agad-agad. It appears that the victim welcomed the offense. Binabaligtad. “Bakit, sumigaw ka ba? Kung hindi ka sumigaw, ginusto mo rin. Sinabi mo bang ayaw mo? Hindi naman pala.” That is not true. There are things going on in the mind of the person-may nasho-shock, napa-paralyze, hindi makapaniwala nangyayari ito. You think it is all a dream and you don’t know what to do. It is not true that if there is no overt resistance, there is consent-it does not follow.

You have to understand the psychosocial dynamics in sexual harassment cases, particularly the social upbringing of women kasi marami akong alam na ayaw mapahiya ang abuser or harasser. Kung puwede lang hindi mo pahiyain ang tao pero hindi mo gustong sabihin ng deretso kahit gusto mong magalit. This is about socialization so we have to learn to assert ourselves. Bang the door if it’s locked. Make noise to catch attention from someone outside. Embarrass him for his actions. “Hinaharass ako dito….harasser ito!” Women were trained to be passive and we’ve been trained to consider other’s people’s feelings. But in cases of sexual harassment or abuse, we have to assert ourselves.

Tell a friend what happened. The reason why you need to tell someone is because it is difficult if you just keep it to yourself. The cardinal rule is don’t blame yourself if you will not take action. You have to know it is not your fault. Do not blame yourself that this never would have happened if you took precautions. Let out all the emotions and feelings by telling someone about it. Discuss if you plan to report the incident. If you report the incident, you are doing it for yourself because you want justice to be done to you. You are doing it for others because you do not want other people to be victimized in the future. This is the only way we can contribute to the advocacy against sexual harassment. But in doing all the above, be careful. There is no hard and fast rule. It really depends on the circumstances, it depends on the assessment of the situation. We have to learn what we can do to respond to what happened to us.

Laws and policies on sexual harassment. What are your rights? Under the law, there is a Triad of Remedies. There are three categories of remedies: administrative, criminal and civil. First, the criminal remedy. This is the remedy if you want to fine the harasser. This is filed through the police or the prosecutor’s office. Go to the police, report the incident then go to the prosecutor’s office, create an affidavit and file your complaint. There will be an investigation, at the police and fiscal levels. The fiscal will take your statement. It goes up to the court and that is where the trial is conducted. The penalty is imprisonment of not less than one month and no more than six months; a fine of not less than P 10,000 and no more than P 20,000; or both fine and imprisonment.

There is a law on sexual harassment: Republic Act No. 7877 otherwise known as the Anti-Sexual Harassment Act of 1995. That particular law penalizes, criminalizes sexual harassment in the workplace or in the academic or training institution. It is considered a crime under that particular law and you can file a case with the courts. There is only one problem, the law says sexual harassment is a crime. If the person committing sexual harassment has authority, influence, moral ascendancy over the victim, such as the principal, a student leader, organization president, in other words, you cannot be charged with sexual harassment because there are laws that can be used under the Revised Penal Code. Kung ano man ang ginawa, acts of lasciviousness man iyan, mayroon pang ibang batas na maaaring magamit, puwedeng i-file.

The civil remedy. Although this is not commonly used, the complaint is filed directly to the court, it doesn’t pass through the police or fiscal. You need a lawyer to file this. The objective of the civil remedy is to get damages. “I want this person to pay for what I went through hindi lang sa pagkawala ko ng trabaho o pag drop out ko sa eskwelahan, kung hindi ang lahat nang naranasan kong physical and emotional suffering.”

The administrative remedy. This is a remedy that you should be able to avail in your own school because the law says that in every school there should be a Committee on Decorum and Investigation. It is mandated by law. Start asking when you go back to school, “Do we have a Committee on Decorum and Investigation?”. That committee is supposed to be composed of different people-one each from the faculty, rank and file, employees, and representatives from the students and administration. There should be five members in that committee and in addition to that, the school must have rules and regulations on sexual harassment. That is required under Republic Act No. 7877.

The penalties in administrative cases: if a student is guilty of sexual harassment, the student can be suspended or expelled from the school; if a faculty member is guilty, the faculty can be suspended or expelled.

So when sexual harassment occurs, the person can file a complaint with the committee using the rules and regulations issued within the school. There is no exception: private or public school, college, university, workplace and companies, large or small.

What happens when there is no committee nor rules and regulations? The law says if there is none and sexual harassment occurs, and let’s say, a student reports it and the school doesn’t take action on it, the school can be sued. You have to know that because you can demand it. The student body, the student council can demand that the school create a Committee on Decorum and Investigation with your participation. The representatives should be elected, not designated, by the administration. You can demand the rules and regulations be promulgated and it has to be participatory. You can demand that all units of the school should participate. If nothing happens, the school can be sued if sexual harassment occurs. There is no maximum number of members but the minimum is one representative each from the administration, teachers and students.

Lastly, just an important note. I always believe that even if there is a law prohibiting an act (i.e. sexual harassment), the law says it is a crime, the law says it is wrong. There is still a need for us to engage and to undertake consciousness-raising activities. We can organize ourselves because people will not use the law if the environment does not facilitate the use of the law. In other words, if I were a student and I know that I can file a case under the law, but if the environment doesn’t help me file the case or assert my rights or seek redress I will not use the particular law. So it is important that in a school setting or in a workplace, there should be more discussion on sexual harassment, because in the end, really addressing sexual harassment requires more than filing complaints. Thank you!

A paper presented during FAD’s First Student Congress November 20-21, 1998 held at the University of the East, Manila. Organized by the Foundation for Adolescent Development, Inc.