Should We Outlaw Street Harassment?

Posted on the 23 September 2014 by Brute Reason @sondosia

I wrote a piece at the Daily Dot about a proposed ordinance that would make street harassment illegal.

Street harassment is dismally common–a recent study commissioned by the organization Stop Street Harassment found that 65 percent of the women surveyed had experienced it.

But up until recently, most strategies to stop harassment have focused on the victims. For example, the Hollaback app allows people who experience street harassment to document the incidents on a map, perhaps helping others avoid areas where lots of harassment occurs. And then there’s the usual, mostly-useless advice: don’t wear this, don’t do that, don’t walk alone.

However, that’s starting to change: some cities are adopting laws that attempt to criminalize street harassment. For example, a new proposed ordinance in Kansas City would make it illegal to purposefully frighten or injure a pedestrian or cyclist and lists a number of behaviors that would qualify, such as “threaten such person” and “place such person in apprehension of physical danger.”

It’s heartening that city officials are starting to take the issue of street harassment seriously. It’s a strain on individuals’ mental and physical health and creates a hostile, unwelcoming environment for women and gender non-conforming people whenever they leave their homes. Passing an ordinance that bans street harassment can send the message that this is wrong and will no longer be tolerated, thus indirectly helping to change the social norms that make street harassment so common.

But as much as I want to be optimistic about this, I’m not sure that these laws will be effective. For starters, enforcing them is probably impractical. Suppose you get harassed by someone on the street. You immediately call the police. They arrive. By then, the harasser is long gone. You give them a description. Now what? The likelihood that the police will prioritize locating a catcaller based on a physical description when there are so many other, more physically violent crimes to investigate seems low.

Moreover, we live in a society in which many people still insist that catcalls, even when made with a threatening tone and body language, are “compliments.” Such perceptions make a difference when it comes to law enforcement, even though many people still believe that police officers are objective enforcers of the law. (If the events in Ferguson haven’t changed their minds about that, I don’t know what will.)

Many sexual assault survivors report that the police refused to pursue their allegations. Some even intimidate or threaten the survivors to convince them to recant those allegations. Why wouldn’t this happen with street harassment claims, which most people probably take even less seriously than they take claims of sexual assault?

The wording of the proposed ordinance may not even include many instances of street harassment. Someone mumbling “nice tits, slut” while leering at a woman would not be breaking the proposed law. Someone saying “fuck you, cunt” when the woman walks away wouldn’t be breaking it, either, as long as they don’t make “loud or unusual sounds” in the process.

Read the rest here.