Beware! Catcalling: A Criminal Act of Verbal Sexual Violence, Here's How to Prove It

Legal Literacy - This article discusses how to prove the crime of verbal sexual violence which is often referred to as catcalling. Want to know how to prove it? Let's take a look at the explanation in the following article!

The rise of incidents that harm women has indeed become a reality that is difficult to ignore. Women, as God's creations full of sensitivity and emotional value, are often the target of a patriarchal culture that continues in the current era. They are often underestimated and considered weak. In addition, the importance of higher education for women is also often underestimated, with the assumption that the ultimate goal remains centered on domestic roles. Ironically, women are not only faced with assessments that degrade their dignity, but are also often victims of sexual violence, both verbal and non-verbal, in everyday life.

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There is concern about the phenomenon that verbal sexual harassment is often taken lightly and even becomes the subject of jokes in human interaction, one of which is through catcalling. In research quoted from the Undiksha Sociology Education Journal, Fairchild and Rudman stated in 2008 that catcalling is a form of unwanted verbal or nonverbal sexual harassment. This includes harassment by strangers where the perpetrator and victim do not know each other or have never met before.

Not only limited to women in general, catcalling is also a significant problem in the environment of female journalists. During 2022, as many as 51.4% of catcalling cases occurred to the majority of female journalists. This phenomenon adds to the sorrow of women, especially since female journalists are considered pioneers who best understand and represent women's rights and interests. Ironically, female journalists are instead vulnerable to various forms of threats, intimidation, and even sexual harassment, both verbally and nonverbally.

Forms of Catcalling

1. Verbal actions in catcalling are often carried out by a group of men on the side of the road when they see women passing by the area. Although in the form of "compliments," this action makes women feel uncomfortable, because it is done by strangers and often contains words such as "you are beautiful," "girl," or "dear."
2. Non-verbal actions in catcalling involve flirtatious eye play and body expressions with the intention of giving an assessment of a woman's appearance, which can also create discomfort.
3. On social media, catcalling perpetrators often engage in suspicious or sexually suggestive conversations. This can be in the form of compliments, greetings, or even inappropriate jokes. All forms of catcalling can cause women to feel disturbed and unsafe in public and online spaces.

How to prove Catcalling

Based on Article 183 of the Criminal Procedure Code (KUHAP), at least two pieces of evidence are legally required to prove the existence of the crime. As for Article 184 of the KUHAP, the legal evidence includes:

1. Witness testimony
2. Expert testimony
3. Letter
4. Instructions
5. Defendant's testimony

From the five pieces of evidence above, the victim can use this evidence as valid evidence. In this case, if catcalling is carried out in an open space, then it is most appropriate to use witness testimony as evidence; if catcalling is carried out in a room with CCTV, then CCTV can be used as circumstantial evidence or added with other witness testimony. If catcalling is carried out virtually, then screenshots/recordings can be used as valid evidence.

Criminal Sanctions for Catcalling Perpetrators

Criminal acts of verbal sexual violence are already regulated in positive law, although the statement of catcalling is not clearly explained, including:

• Article 289 of the Criminal Code, for every person who uses violence to force someone to commit or allow the commission of an indecent act, is threatened for committing an act that attacks decency, with a maximum imprisonment of 9 (nine) years.
• Article 8 Jo Article 34 of Law No. 44/2008 concerning Pornography, prohibits anyone from intentionally or with their consent becoming an object or model containing pornographic content, which is punishable by a maximum imprisonment of 10 (ten) years and/or a maximum fine of Rp.5,000,000,000.00 (five billion rupiah).
• Article 9 Jo Article 35 of Law No. 44/2008 concerning Pornography, prohibits anyone from making another person an object or model containing pornographic content, punishable by a minimum imprisonment of 1 (one) year and a maximum of 12 (twelve) years and/or a minimum fine of Rp.500,000,000.00 (five hundred million rupiah) and a maximum of Rp.6,000,000,000.00 (six billion rupiah).
• Article 5 of Law No. 12/2022 concerning Sexual Violence Crimes, anyone who commits non-physical sexual acts directed at the body, sexual desires, and/or reproductive organs with the intention of degrading the dignity of a person based on their sexuality and/or decency, shall be punished for non-physical sexual harassment, with a maximum imprisonment of 9 (nine) months and/or a maximum fine of Rp10,000,000.00 (ten million rupiah).

It is important to note that catcalling cases are often considered normal and not serious, even though this case has violated Article 30 of Law 39/1999 concerning Human Rights, where humans have the right to security and comfort. If explored further, the effects felt by catcalling victims have a psychological impact, including feeling uncomfortable, anxious, worried, and even traumatized.

Therefore, victims are expected to be able to report this case if they experience the above characteristics. Simply put, if the victim does not report, the perpetrator will never understand the deterrent effect and this case will continue to be underestimated.

Laws and Regulations

1. Law Number 12 of 2022 concerning Sexual Violence Crimes
2. Law Number 39 of 1999 concerning Human Rights
3. Law Number 44 of 2008 concerning Pornography
4. Criminal Code Criminal Law (KUHP)
5. Criminal Code Criminal Procedure Law (Criminal Procedure Code)

References:

• Noviani, Fitri. "The Phenomenon of Catcalling in Pontianak City: Impact on Women." Jurnal Pendidikan Sosiologi Undiksha Jurusan Sejarah, Sosiologi dan Perpustakaan 5 (2023): 147–157.
• Sabtika, Erlina F. "Majority of Female Journalists Experience Sexual Violence and Harassment in 2022, Here are 10 Types." Katadata Media Network (2023).
• "Catcalling in Virtual Space, a Nightmare for Women." Kompasiana.com (2022).
• "Why Don't Many Women Choose to Become Journalists?" Suluh Perempuan (2023). https://suluhperempuan.org/2023/12/24/kenapa-tidak-banyak-perempuan-yang-memilih-menjadi-jurnalis.html.