Know Your Rights Guide FAQ

Hollaback! is proud to partner with TrustLaw and DLA Piper to provide an international “Know Your Rights” guide to street harassment. The guide establishes legal definitions of street harassment and provides an outline of local laws governing street harassment. The “Know Your Rights” guide is aimed to inform individuals of their rights in public space.

We’ve received some questions about the guide, and we wanted to take a minute to answer them here:

 

Question: What exactly is street harassment?

Street harassment is a form of sexual harassment that takes place in public spaces. It exists on a spectrum including “catcalling” or verbal harassment, stalking, groping, public masturbation, and assault. At its core is a power dynamic that constantly reminds historically subordinated groups (women and LGBTQ folks, for example) of their vulnerability to assault in public spaces. Further, it reinforces the ubiquitous sexual objectification of these groups in everyday life. Street harassment can be sexist, racist, transphobic, homophobic, ableist, sizeist and/or classist.  It is an expression of the interlocking and overlapping oppressions we face and it functions as a means to silence our voices and “keep us in our place.” At Hollaback!, we believe that what specifically counts as street harassment is determined by those who experience it.  If you’ve experienced street harassment, we’ve got your back!

For the purposes of this guide, street harassment is defined per local laws. For example, in  Maryland, United States, one form of street harassment is defined as: “making unwanted or inappropriate sexual comments if it continued after a request to stop.” In Berkeley, United States, street harassment is defined as: “unlawful violence, a credible threat of violence, or a knowing and wilful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.”

 

Question: Who experiences street harassment?

On our site, we primarily receive stories from women and LGBTQ individuals. You can read those stories here (and click the I’ve got your back button to support them).

For more information on how identity intersects with one’s experience of street harassment, including individual stories of street harassment, check out Hollaback!’s Harassment Is: Identity and Street Harassment guide.

 

Question: How did this guide come about?

Since our launch in 2005, Hollaback! has fielded requests from survivors requesting legal information. We have tried to make legal information about street harassment transparent on all our local sites, but oftentimes, this information was either hard to find or required legal expertise to navigate.  At the same time, we listened to survivors articulate concerns about police involvement.  With this in mind, we sought legal support to create an international guide that provided accessible, locally-based legal information for individuals who have experienced harassment, advocates, and activists around the world.

In December 2013 we partnered with TrustLaw, the Thomson Reuters Foundation’s global legal pro bono service, to create an international “Know Your Rights” guide to street harassment. Over the next nine months, DLA Piper led a team of law firms and in-house corporate legal teams who worked pro-bono to navigate local laws in fourteen languages and work with our site leaders to learn how laws are implemented on the ground. We are incredibly thankful for the hard work of everyone involved.

 

Question: What are the goals of the Legal Guide?

The goals of the “Know Your Rights” guide are:

  • For individuals to know their rights, recognizing that it is their choice to report, and understanding the process of reporting if they choose to do so.
  • To provide a comprehensive international resource on street harassment and the law

 

Question: Does Hollaback! endorse increasing criminalization of street harassment?

No. We believe that it is our role as advocates to steer policy makers away from measures that would increase criminalization, and toward measures that engage communities in prevention. As explained in Hollaback!’s article by Deputy Director, Debjani Roy, “Criminalizing verbal harassment and unwanted gestures is neither the final goal nor the ultimate solution to this problem and can, in fact, inadvertently work against the growth of an inclusive anti-harassment movement. The criminal justice system disproportionately targets and affects low-income communities and communities of color, as evidenced by policies such as New York City’s Stop and Frisk program and other degrading forms of racial profiling. Our objective is to address and shift cultural and social dialogues and attitudes of patriarchy that purport street harassment as simply the price you pay for being a woman or being LGBTQ. It is not to re-victimize men already discriminated against by the system.”

 

Question: I don’t feel safe working with the legal system. Are there any options in this guide for me?

The purpose of this guide is to educate and inform individuals about their rights. We understand that there are many reasons why individuals might not feel comfortable accessing legal recourse when harassed. This guide is not meant to act as an endorsement of any single solution, but as an option.

What is important is that you feel supported and know that you are not alone. We encourage you to share your story on our website: ihollaback.org, speak to your friends, and practice self care.

Regardless of what you choose to do, it is always important to know what your rights are.

 

If you have additional questions, email us at [email protected].  We welcome your feedback and engagement in this conversation as we work together to make the streets safer for everyone.

 

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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

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