San José, Costa Rica, since 1956
Sexual predators

Citizen groups want street harassment criminalized in Costa Rica

Women’s rights group Colectivo Acción Respeto Costa Rica and other organizations launched an initiative Tuesday to draft and submit a bill for criminalizing catcalls and other forms of sexual harassment on Costa Rican streets.

The groups announced their proposal during a press conference at the Legislative Assembly where lawmakers from the ruling Citizen Action Party (PAC), National Liberation Party (PLN) and Broad Front Party (FA) offered support to promote the adoption of the draft. Among its main goals the initiative asks for the inclusion of street harassment as an offense in the country’s Penal Code.

Alejandra Arburola Cabrera, a spokeswoman with the Colectivo, told The Tico Times that they started working on the initiative months ago, however the recent stabbing of Gerardo Cruz prompted them to speed up the discussion and include lawmakers and citizens.

Cruz was stabbed twice one day after he posted on his Facebook profile a video he shot of another man recording video with his cellphone up the skirt of a female pedestrian in downtown San José. Cruz has since undergone three surgeries and currently remains at Calderón Guardia hospital.

Arburola said Cruz’s case is a reflection of the reality that haunts women from the moment they leave their houses everyday. “We are seen as objects, with no rights and submitted to constant violence. This needs to stop as soon as possible,” she said.

Tuesday’s meeting also allowed the groups’ leaders to call on all citizens to participate in the drafting of the bill, following a number of priorities identified by the group in recent months.

Among them, they believe the bill should clearly define street harassment based on gender or sexual orientation as a criminal offense punishable with prison sentences.

Current laws in Costa Rica consider sexual harassment a minor offense described as a “violation against decency,” and filing a complaint requires the offender to be fully identified by police. If the suspect does not carry an ID, cops will take him (or her) to the nearest precinct for a full identification and then release the suspect.

The complaint then goes to a Misdemeanors Court where the victim has to provide evidence. If the judge finds the suspect guilty, the offender will have to pay a monetary fine ranging from 5 to 30 days of his salary.

Following Cruz’s case, the Judicial Branch last Thursday reported that so far this year it has received a total of 7,321 complaints of street harassment — some 26 per day.

The groups are asking for a more expeditious process for filing a complaint. They also want the court to issue cautionary measures to protect the victims. Their proposal also demands stricter sanctions for recidivist offenders and for those found guilty of harassing minors, disabled or elderly people.

Under the proposed law, the Judicial Branch would create a registry of complaints that facilitates monitoring of sexual harassment offenders.

Proponents also want a protocol developed for dealing with sexual harassment victims, including training for police officers.

The groups proposing the law plan to host public forums so that citizens can join the discussion. Following public consultation, they estimate that they’ll submit the draft bill to the Assembly in about three months, Arburola said.

Angela Delgado, another representative of the collective said other groups have actively joined their initiative to promote the bill, among them Proyecto Lyra, Piropos o Acoso CR, Colectivo Furia Rosa, Community, Este es mi cuerpo CR, El Tío Hugo and a number of independent feminist activists.

Political support

National Liberation Party lawmaker Carla Prendas Matarrita was among those legislators who attended the news conference announcing the initiative. She told the audience that legislators from various parties pledged to support the initiative and will join efforts to make sure the bill becomes law.

PAC’s Emilia Cruz Molina said a group of women lawmakers are already lobbying for support from all legislators to move forward with the bill, and she asked the population to get involved in its drafting.

The groups’ leaders asked interested people to submit their ideas to the Facebook page of Colectivo Acción Respeto Costa Rica or by email: accionrespetocostarica@gmail.com.

Last week the Ombudsman’s office, the National Institute for Women and NGO “El acoso callejero no es cosa de hombre” (Street sexual harrasement is not a man’s thing) launched a campaign on social media to raise awareness on the issue.

The campaign includes videos and messages from artists, athletes, journalists and other personalities saying that real men don’t catcall, make obscene gestures, take pictures or videos on the street.

Watch one of the spots:

Not the first attempt to penalize street harassment

This isn’t the first time Costa Rica considers penalizing street harassment. In 2005, then-Costa Rica legislator Gloria Valerín Rodríguez (Social Christian Unity Party) introduced a bill that would have added street harassment against women to Costa Rica’s penal code.

Valerín proposed a fine of 30 to 50 days minimum wage for perpetrators. The bill was unsuccessful.

Backers of the current initiative hope to capitalize on the widespread public outrage caused by the video taken by Cruz and his subsequent attack in order to push through a bill.

Earlier this year, a Panamanian congresswoman submitted a bill to penalize street harassment in that country. The proposal was received with a mix of praise and ridicule.

Contact L. Arias at larias@ticotimes.net

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Ken Morris

Sexual harassment of women in public is a serious problem in Costa Rica, and no one should believe otherwise.

I know, because in the course of a week visiting here, my daughter was harassed twice. Once was right in front of me (no respect for fathers either) by some passing machistas in a truck. The other was on my front porch where a man exposed himself.

However, while current law could perhaps be improved, no one should delude themselves into believing that a law is much of a solution.

Consider first that the accuser has to be able to identify the suspect. Now, how is the accuser suppose to do this in 90% or the instances? The offender isn’t likely to to produce an ID, but is likely to exit before being identifiable.

Consider second that (let’s hope) the accused will have the right to defend themselves. Perhaps, in an egregious instance like a person who exposes himself to a woman who happens to have her cell phone camera ready and takes a picture, there will be proof, but otherwise it’s going to be one person’s word against another’s. I for one don’t want to see anyone convicted of anything based upon the mere testimony of the alleged victim.

Consider third that frankly sexual harassment can be a very subjective call.

The incident that started this was of a fellow allegedly taking an upskirt video of a woman wearing a miniskirt, but to consider this an instance of sexual harassment is an opinion I can’t share.

A woman wearing a miniskirt in public presumably wants to reveal her figure to some people. There is no law or even norm mandating that women wear miniskirts, after all, and most don’t. (My daughter wouldn’t.) If a woman choosed to wear revealing clothes, it is therefore because she wants some people to notice. What though gives her or others the right to decree who in public is allowed to notice and who isn’t? Nothing. The risk of wearing revealing clothing in public is that people you don’t want to notice will, but certainly no law should empower the woman or outsiders to arbitrarily decide which attention is wanted and which is harassment.

As for filming strangers, if people want to ban that, I’m cool with it. As noted in another publication, the local news routinely films fat people in public and shows their images on TV in the context of stories about obesity, a pretty rude practice. Filming an upskirt is rude too, but there’s no reason to single it out as a special crime.

Most importantly, sexual harassment is real, and a real problem, but filming a woman in a miniskirt in public isn’t an instance of it. The kind of subjectivity that declares this to be sexual harassment and makes any law against sexual harassment along these lines impossibly arbitrary.

So what we’re going to have if the cusaders get their way is a law that might make people feel good when it is passed, but if enforced fairly is going to result in next to no convictions, and if enforced unfairly is going to going to trivialize the real problem of sexual harassment in public space.

Mind, there is an argument for passing laws that can’t be enforced in order to articulate a moral standard for the society. If people want to pass a law against sexual harassment in public with this goal in mind, that is fine with me.

However, the risk is that laws that can’t be enforced become either jokes or enforced arbitrarily against innocents too. The other risk is frankly wasting a lot of time and energy passing an either useless law or one that will be wrongly applied, when the lawmakers really have other pressing things to attend to (like the over a billion dollars the government owes the Caja, the unsustainable budget deficit, capping rent increases to inflation, gay rights, and other things that actually do more good for women and minorities).

The better approach is the one Geraldo Cruz took. If you see someone rude enough to film an upskirt, despite that being perfectly legal, go ahead and film him doing the filming. Then post it to out and embarrass him.

This is actually a good way to enforce norms of decency, which I’m afraid is all we’re talking about here. It simply isn’t sexual harassment to film a woman in a miniskirt. It’s rude and offensive, but it isn’t sexual harassment. It also isn’t against the law, nor should it be (unless the law bans filming fat people too). It’s a norm violation, and as such can be confronted by ordinary people like Mr. Cruz doing the right thing in response.

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Fernando Gerdano

I don’t see one woman in the foto that ever would have to worry about getting harassed on the streets. Don’t they have something better to do.

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AnnaLAMaría

Well, Fernando, sorry for disappointyou, but YES, I do know that at least 2 of them have been harassed, I can not talk about the legislators, cause I don´t know them, but tell me, it is not ok to work for the humans rights?
Are you one of those who think that this type of violence doesn´t exist?

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