Did he or didn’t he?
It was an issue that resonated so strongly among netizens that the Facebook post about the sexual harassment incident in a UV express gathered 33,000 shares, 2,900 comments and 74,000 reactions as of press time.
Geo Celestino, who slammed the University of Santo Tomas (UST) in his post, recalled how his sister Yssa fell asleep while onboard the vehicle and woke to find a guy’s hand on her leg.
Like most women in similar situations, the third year UST fine arts student felt helpless. Should she call him out? “But what if I had only imagined it? Would people around believe me? What if the touch had been accidental and the guy had not meant to make a pass at me? It could be embarrassing.”
Saddled with these thoughts, she decided to take a cell phone shot of the guy instead and posted the picture on her Twitter account while warning other women about the risk of sexual molestation on public transpo.
In his Jan. 29 post, Celestino rued that his sister was made to apologize to the alleged offender, based on the UST Student Welfare and Development Board’s decision finding Yssa guilty of “falsely accusing (another student) of wrongdoing.”
In its official statement, the university said it “…has the duty to safeguard the students’ health and well-being (and has adopted measures)… to protect its students from unfair or false accusations.” It added that a thorough investigation of the facts and evidence posted on Facebook “did not conform to records on file.”
The statement only earned UST the ire of several groups, including Gabriela women’s party-list, which scored the university for “emboldening sexual offenders and silencing many more students who may have experienced the same situation.”
“We found (it) deeply alarming…that UST’s primary concern (was) the defense of due process and its reputation rather than the protection of its sexually molested student,” the statement added.
The Inquirer tried, but failed, to get additional comments from the university as of press time.
Power play
Other netizens noted that the UST statement made no mention or condemnation of sexual harassment at all. For most women, especially those regularly taking public transport, the most pressing issue remains how to protect themselves in a similar situation. How does one make the offender stop? How to call them out in public? And how to deal with the expected adverse comments on their looks, age, manner of dressing and demeanor that are often regarded as triggers, even open invitation, to the harassment? Vivian Lacanilao, a family and trauma healing counselor, describes such harassment as “no different from bullying,” as it is “a display of power, a power play.”
Call out the perpetrator, she advised. “Keeping silent does not help. Take a photo (or video) of the act and if he continues, complain,” she added.
“Posting the offender’s face on Facebook is not the way to do it. How will you teach someone who is faultless in the first place? There has to be confrontation first to confirm the act,” Lacanilao said.
“Is it really an accident? Is the guy really sleeping? Harassers usually are not apologetic; they are defensive. They have a list of excuses ready,” added the counselor.
As for UST’s order for Yssa to take down her Twitter post, Lacanilao said the school must be able to adequately explain to the student why she should do it, and then allow her to make the decision herself. “She should not be compelled,” the counselor said.
Not easy
Lacanilao also advised those facing similar circumstances to remain firm. Parents, she said, could do some role-playing at home to demonstrate what children should do when faced with this potential threat.
It’s not that easy, said “Mia,” 24, who shared on Facebook how she felt powerless and froze in shock after a kid grabbed her breasts from behind.
She also felt frustrated that she had failed to use her defense skills as an army reservist. “Realistically speaking, fighting is not the first thing that comes to mind when this happens,” she said.
Gabriela lawyer Minnie Lopez said victims must call the attention of the offender at the very instance the unwanted touch happens.
“Confiding the incident to a friend or reporting it to a person in authority even when one does not know the identity of the offender helps, as they could provide emotional support. Sexual harassment can be very traumatic.”
It is also difficult to prove, she conceded, adding that it is often a case of “he said, she said.” There is also no standard of expected behavior after the incident, the lawyer added.
Going to court is an option, Lopez said, citing laws that cover sexual harassment and acts of lasciviousness where the offender may also be held liable for civil indemnity and damages. But beyond the legal aspect, it is also important for victims to educate themselves and others on the issue, the Gabriela lawyer said, citing that campaigns on violence against women are a good place to start.
Gabriela, she said, has been talking to the fine arts student’s family, though they have yet to retain the women’s party-list as official counsel.
Police Officer 3 Marlyn Remetio, a 15-year veteran at the Manila Police District Women and Children’s Welfare Desk, said acts of sexual harassment are punishable under Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995, with fines ranging from P10,000 to P20,000, and/or imprisonment from one to six months.
No witnesses
But, she cautioned, “except in rape cases, the burden of proof is on the complainant. And, more often than not, there are no witnesses.”
“It’s always your word against the other’s,” Remetio said. The police officer also cited the country’s poor justice system that takes a long time to resolve cases such that most complainants lose interest or settle out of court. Despite that, she still counsels victims to report the harassers as their complaint would serve as additional evidence and, in the case of repeat offenders, a proof of their recidivism.
The UST student’s legal complaint should, however, center more on acts of lasciviousness, Remetio said, since the current antisexual harassment law calls for an employer-employee or teacher-student relationship, with one party having moral ascendancy over the other.
Unfortunately, RA 7877 has a “narrow definition” of sexual harassment, said Beth Yang, national coordinator of Pilipina, a national feminist organization working for women’s full participation in the political arena. “It is high time to revisit the law and expand its scope to include peer harassment as well as those committed in public spaces, including public vehicles. Measures against victim-blaming should also be instituted,” Yang added.
In the meantime, sources close to the Celestinos said the family could appeal the UST decision even as other sources close to the alleged offender, a graduating engineering student, hailed it as fair, citing Yssa’s retraction of her earlier claims of sexual harassment.
But retraction is not uncommon among women who file such a complaint, Lopez said, citing a hostile or intimidating environment where victims feel compelled to back down. The lack of support among family members, especially the men who might feel their manhood eclipsed by the incident, is part of that, she said.
The case, said Gabriela Rep. Emmi De Jesus, serves as a case study on the importance of amending the law on sexual harassment to be more responsive to the needs of the time. She cited House Bill No. 3691, introduced by Gabriela in September last year, that seeks to expand the definition of sexual harassment to include peer-to-peer cases.
In the Senate, Sen. Risa Hontiveros has filed a similar bill, and plans to file another that would cover street harassment, said lawyer Jaye de la Cruz-Bekema of Hontiveros’ office. —WITH A REPORT FROM PENNIE A. DELA CRUZ
