What is Street Harassment?
Street harassment: a form of sexual harassment
consisting of unwanted comments, wolf-
whistles, "catcalling," sexual innuendos and
other actions by a male or female in a public
area.
“Dang lil ma, lemme get yo number”
“God bless you mami”
Freedom Of Speech
Besides freedom of religion, assembly, press, and petition, the first amendment of the constitution grants every American citizen freedom of speech.
Foundering fathers thought the ruling would promote a balanced relationship between the state and federal government, as it protected the individual rights of the people in all U.S states.
But, it was not anticipated that the freedom to say whatever he/wishes wishes would cause harm and controversy in modern day U.S, as well as demand for the federal government take action.
Objective: Creating New Policies
We want to modify the policy through changing key parts in order to institute harsher punishments for street harassers and more government back up for the harassed.We were thinking that we could modify the policies by first off considering street harassment as a form of bullying. Bullying is consider “threatening” and individuals can be tried in court for the offense.
Legislation Branch
There is no definite federal law on prohibiting street harassment; however, some states
has taken upon themselves to create a state law against it.
Hilary Hanson’s “Kansas Might Outlaw Catcalling” highlights an ordinance making street harassment — ranging from physical aggression to threats and catcalls — illegal in Kansas City, Missouri.http://www.huffingtonpost.com/2014/09/19/catcalling-law-kansas-city_n_5851422.html
Laura Beth Nielsen’s “Street Harassment Law Would Restrict Intimidating Behavior” elaborates more on Nielsen proposed law of ending street harassment and coinciding with the First Amendment jurisprudence on “hate” speech(s) http://www.nytimes.com/roomfordebate/2014/10/31/do-we-need-a-law-against-catcalling/street-harassment-law-would-restrict-intimidating-behavior
Executive Branch
The executive branch has attempted to battle street harassment but focused mainly on the college
campuses with the It’s On Us campaign.
The campaign focuses on bringing awareness to sexual assault and even considers street
harassment as sexual assault although it’s not one of the main focuses of the campaign.
The executive branch supports the protection of women experiencing sexual assault, on the site
they give helpful tips such as, “Don’t be a bystander- if you see something, intervene in any way
that you can.”
http://itsonus.org/#tools
The Federal Bureaucracy
Like federal legislation, there is no clear cut federal
bureau dealing with street harassment.
But because street harassment has been tied to
bullying, and because bullying overlaps with
discriminatory harassment, it is possible for the U.S
Department of Justice and U.S Department of
Education to assist, as both both circle around civil
rights laws.
The Civil Rights Act of 1964
Landmark piece of civil rights legislation in the United States
Outlawed discrimination based on race, color, religion, sex, or national
origin
Ended unequal application of voter registration requirements and
racial segregation in schools, at the workplace and by facilities that
served the general public
Law’s interpretation expanded and used more today for street
harassment
Judicial Branch
Although there is currently no law in Chicago, Illinois directly applicable to street harassment, a person may be held criminally liable for engaging in conduct that violates the following statutes under Illinois law.ILLINOIS CRIMINAL CODE: § 12-7.3. STALKING (a) A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress.A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and: (1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint to or of that person or a family member of that person.A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion: (1) follows that same person or places that same person under surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint to that person or a family member of that person.
Punishments for Street HarassmentStalking is a CLASS 4 FELONY – punishable by 1 to 3 years in prison (3 to 6 years for an extended term); and/or a fine of up to $25,000. A second or subsequent conviction for stalking is a CLASS 3 FELONY – punishable by 2 to 5 years in prison (5 to 10 years for an extended term); and/or a fine up to $25,000.ILLINOIS CRIMINAL CODE: § 12-7.4. AGGRAVATED STALKING (a) A person commits aggravated stalking when he or she commits stalking and: (1) causes bodily harm to the victim; (2) confines or restrains the victim; or (3) violates a temporary restraining order, an order of protection, a stalking no contact order, a civil no contact order, or an injunction prohibiting the behavior described in SUBSECTION (B)(1) OF SECTION 214 OF THE ILLINOIS DOMESTIC VIOLENCE ACT OF 1986. (a-1) A person commits aggravated stalking when he or she is required to register under the Sex Offender Registration Act or has been previously required to register under that Act and commits the offense of stalking when the victim of the stalking is also the victim of the offense for which the sex offender is required to register under the Sex Offender Registration Act or a family member of the victim.Aggravated stalking is a CLASS 3 FELONY – punishable by 2 to 5 years in prison (5 to 10 years for an extended term); and/or a fine up to $25,000. A second or subsequent conviction for aggravated stalking is a CLASS 2 FELONY – punishable by 3 to 7 years in prison (7 to 14 years for an extended term); and/or a fine up to $25,000.
Civic Action
We also performed another civic action pertaining to cat-calling. It was a
blog post called Cat-Called, where victims of cat calling could share their
experiences with viewers.That were looking to confide in others who came
across the same issue and this was a positive outlet.
http://catcalled.org/
Resources Hanson, Hilary. "Kansas City Might Outlaw Catcalling." The Huffington Post.
TheHuffingtonPost.com, n.d. Web. 23 Jan. 2015.
The article details an ordinance declaring street harassment illegal in Kansas city, Missouri. This
source was written by long time Huffington Post editor Hilary Hanson, establishing credibility.
Knox, Shelby. "Smashing Street Harassment? There's an App for That!"Feministe. N.p., 08 July 2010.
Web. 23 Jan. 2015.
In this source, Shelby Knox writes about her experience with street harassment, and how street
harassment will finally come to an end thanks to the Hollaback movement creating an iPhone app
allowing users to report the place and type of abuse, as well as upload a photo of their offender. Knox
has been a long time feminist organizer, as her recognition dates back to her 2005 documentary on her
high years in “The Education of Shelby Knox”.
Resources
"National Street Harassment Report- Stop Street Harassment." Stop Street Harassment RSS. N.p.,
n.d. Web. 23 Jan. 2015.
In 2014, Stop Street Harassment (SSH) commissioned a 2,000 person national survey on street
harassment, which showed that women experience more street harassment than men. SSH is a
nonprofit organization dedicated to documenting and ending gender-based street harassment
worldwide. The website is based on founder Holly Kearl’s best known book of the same name.
"Street Harassment Law Would Restrict Intimidating Behavior." TheNewYorkTimes.com, 3 Nov. 2014.
Web. 23 Jan. 2015.
This article continues Research Professor at the American Bar Foundation and Associate
Professor of Sociology and Director of the Center for Legal Studies at Northwestern University Laura
Nielsen’s idea of a law on street harassment. The article was published on the longtime publishing
website New York Times.
Resources
May, Emily. "Hollaback! You Have the Power to End Street Harassment."Hollaback You Have the
Power to End Street Harassment RSS. Hollaback!, n.d. Web. 25 Jan. 2015.
Hollaback is a non-profit movement bent on ending street harassment. The website carries a
strong feminist attitude, encouraging women to blog about any dealing with street harassment. Since
its founding in 2005 by co-founder and 2008 Stonewall for Women awards winner Emily May,
Hollaback has been powered by 84 cities and 25 countries.
"Federal Laws." Federal Laws. StopBullying.gov, n.d. Web. 23 Jan. 2015.
This government funded website outlines how bullying has been handled on a federal level. It also
gives connections of some federal bureaucracy assisting in eliminating bullying such as the U.S
Department of Education and U.S Department of Justice.
Resources
Its On Us." Its On Us. N.p., n.d. Web. 23 Jan. 2015.
This website advocates for ending street harassment but mainly on college campuses. The
website and campaign was started up by President Obama.
"STREET HARASSMENT: Know Your Rights." (n.d.): n. pag.Http://www.ihollaback.org/wp-
content/uploads/2014/10/Street-Harassment-Know-Your-Rights.pdf. Hollaback!, Sept. 2014. Web. 23
Jan. 2015.
The article is from Hollaback, a non-profit movement bent on ending street harassment. It
discusses the impact street harassment has on women. Credibility is found in 2005 by co-founder and
2008 Stonewall for Women awards winner Emily May