Street Harassment: When Does Verbal Abuse Become a Crime? When Is Harassment Punishable? Does Stalking Count?
Remember the scene in «Malèna «, the cult film by Giuseppe Tornatore, where Monica Bellucci passes by on the street and they tell her everything behind her back? There couldn’t be a more fitting example of catcalling . Catcalling is in effect a form of harassment that generally occurs on the street against women, consisting of making disrespectful comments towards the offended person. It is a real verbal violence , of which many women, sometimes even unknowingly, find themselves victims every day.
In English, catcalling means “calling the cat”, and it is an expression that literally refers to the sound with which you get the attention of the feline, and that is why it was chosen to give body to a sad and not at all fleeting «phenomenon». A legacy of chauvinistic rituals perpetuated over the centuries and against which women have never rebelled. In defense, men justify themselves by saying that they are «acts of chivalry» but the reality is that we are happy to receive a compliment, assuming it is a compliment and not a simple «you’re hot», from people we know and not from people we meet on the street, on the tram, in the park. At first glance, you might think that this behavior is completely innocent: men try to attract attention by acting bold, making themselves noticed. The point is that such compliments are perceived, most of the time, as real harassment, degrading for those who receive them
This is in effect a form of bullying, rather than stalking. Stalking generally involves knowing the person who is the target of this other form of violence, which involves repeated and intrusive persecutory behavior, such as threats, stalking, harassment, unwanted phone calls or attention, held by a person towards his victim.
Is catcalling a crime? Can it be prosecuted by law? The answer is no. Or rather, neither. Catcalling, in itself, is not a crime. There is no law that punishes the bad conduct of those who insult in the street. If a group of boys whistle at a woman who is walking in the street, or make vulgar comments towards her, the victim will not be able to file a complaint with the authorities. Unless the act involved harassment or disturbance to people , in the presence of witnesses who are affected, indignant and struck by the vehemence of the verbal violence inflicted on a stranger. According to the Criminal Code, anyone who, in a public place or open to the public, out of petulance or for another reprehensible reason, causes harassment or disturbance to someone , is punished with imprisonment of up to six months or a fine of up to 516 euros.
In other words, the crime of harassment or disturbance to people is not based on the idea that the act committed will harm the dignity of the victim , but rather that it will disturb public order . Individual private interest becomes only a reflex protection. For now there are no other ways to protect oneself, but we wonder if the time has come to talk about individual rather than collective protection.