Introduction
Catcalling refers to shouting harassing, sexually suggestive, threatening, or derisive comments at someone in public (Catcalling Definition & Meaning – Merriam-Webster). It often takes the form of whistles, honks, lewd comments, slurs, and unwanted advances. While some view catcalling as a harmless compliment or flirtation, many consider it a form of public sexual harassment that makes people feel unsafe and uncomfortable.
In recent years, there has been much debate around whether catcalling should be illegal. Some argue that catcalling violates principles of equality and human rights, and that criminalization is necessary to deter harassers and protect victims. Others counter that banning catcalling would infringe on free speech rights, be difficult to enforce, or unfairly target marginalized groups.
This article examines the legality of catcalling specifically in New York, where there have been efforts to criminalize street harassment. The thesis is that while New York has not banned catcalling outright, there are laws that make severe forms of public harassment illegal.
History of Catcalling
Catcalling has a long and complicated history, with its origins dating back centuries. In ancient Rome, lower class men would verbally accost elite women in public as a means of challenging class boundaries. During the Middle Ages in Europe, catcalling took on more sexual connotations as men would make remarks about women’s bodies and signal interest or attraction.
In the United States, catcalling proliferated in the early 20th century, particularly in urban areas. With more women entering the workforce and public spaces, street harassment became commonplace. While some men viewed catcalling as harmless flirtation, many women felt threatened by the unwanted attention.
According to The History of Catcalling, catcalling was normalized for much of the 1900s. However, attitudes began to shift in the 1960s and 70s as the women’s liberation movement drew awareness to issues like sexual harassment. Today, catcalling is widely regarded as disrespectful, threatening behavior.
Catcalling Laws in New York
New York State and New York City have several laws that prohibit verbal street harassment and aim to protect against gender-based discrimination more broadly. The key laws include:
New York’s disorderly conduct law (source) makes it a misdemeanor to act “in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others” in a public place while intending to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof. This law has been applied to some catcalling cases.
The New York City Human Rights Law (source) prohibits discrimination and harassment in employment, housing, and public accommodations based on gender. It includes protections against sexual harassment. The Commission on Human Rights is charged with enforcing this law.
While enforcement is still relatively rare, there have been some recent cases of catcallers being charged under disorderly conduct laws. Advocates argue more targeted education and enforcement is needed to fully address the problem. Overall, New York has stronger legal protections against street harassment than many places, but practical application remains challenging.
Arguments For Banning Catcalling
Many argue that banning catcalling is necessary to protect women’s safety and dignity. Street harassment like catcalling can make women feel threatened and afraid when walking in public spaces. According to an article in The New York Times, catcalling “reinforces the ubiquitous sexual objectification of women” and the fear of sexual violence. Making catcalling illegal would send a public message that this behavior is unacceptable and help deter harassers.
Advocates believe that laws against catcalling could reduce the incidence of aggressive and threatening behavior toward women. As reported in The Atlantic, many women experience catcalling as scary instead of complimentary. They argue that laws would set clearer boundaries in public spaces and dissuade potential harassers from making comments. With catcalling punishable by fines or other penalties, the frequency could diminish over time with proper enforcement.
Arguments Against Banning
While banning catcalling may seem like a reasonable response, there are some concerns regarding enforcing such laws and infringing on the right to free speech:
Hard to enforce: Catcalling laws would be difficult to enforce in practice (Source 1) . Verbal harassment often occurs quickly in passing interactions, making it challenging to gather sufficient evidence for authorities to prosecute. Unless a police officer directly witnesses the act, a victim would need to collect identifying details, audio/video recordings, and witness testimony to press charges – a difficult and unlikely burden for everyday citizens to meet.
Free speech concerns: Outlawing catcalling could violate free speech rights protected under the First Amendment (Source 1) (Source 2). While catcalling may be offensive and inappropriate, simply uttering an unwelcomed phrase in public would be considered protected speech rather than a criminal act under the law. Laws banning catcalling would set a difficult precedent that could lead to criminalizing other forms of protected speech.
Impact on Women
Catcalling and street harassment have a significant negative impact on many women. According to a national survey conducted by Stop Street Harassment, 65% of women experienced some form of street harassment like catcalling. Additionally, 23% of women were sexually touched, 20% were followed, and 9% were forced to do something sexual.
“These everyday intrusions reinforce women’s sense that they are vulnerable in public spaces and limit their freedom of movement,” said Holly Kearl, founder of Stop Street Harassment.
Many women have shared testimonials about the fear, anxiety, and trauma caused by catcalling and harassment. As one woman said, “I felt extremely violated, afraid, and disrespected. It made me never want to walk outside alone again.”
Another woman explained, “Catcalling brings back memories of childhood sexual abuse trauma for me. It makes me feel unsafe and like I’m just an object, not a human being.”
Research confirms these personal accounts. A 2017 study published in Sex Roles found that catcalling led women to feel increased self-objectification, body shame, and appearance anxiety (The Effects of Exposure to Catcalling on Women’s State Self-Objectification, Body Image, and Emotional Well-Being).
Cultural Differences
Attitudes towards catcalling differ across regions and cultures around the world. In the United States, some regions view catcalling more negatively while others see it as complimentary or harmless. For example, catcalling is often considered disrespectful and demeaning in the Northeast and on the West Coast, while it may be more socially accepted in some Southern states.
Internationally, catcalling is viewed very differently across cultures. In many Latin American countries like Brazil, catcalling is so common it’s considered background noise. However, attitudes are changing as women speak out against street harassment [1]. In contrast, catcalling is seen as highly inappropriate in countries like Japan where there is greater emphasis on respect and formality in public interactions.
While some claim catcalling is harmless flirting or a cultural misunderstanding, research shows it often makes women feel degraded, threatened, and unsafe no matter the intent. As global movements against gender-based violence grow, norms and attitudes towards public street harassment of women are slowly shifting.
Potential Solutions
There are a few key potential solutions that have been proposed and tried in different areas to address the problem of catcalling:
Education campaigns can be an effective way to spread awareness about the harms of catcalling and promote more respectful behavior. For example, organizations in New York have posted signs and handed out stickers to discourage catcalling. Increased public awareness and social pressure may deter some individuals from catcalling.
Community policing efforts can also target areas with high instances of catcalling. Having a visible police presence and enforcing relevant laws can reduce street harassment. However, some argue community policing unfairly targets marginalized groups.
Zoning laws are another approach, designating certain areas where catcalling is prohibited. In 2018, France banned catcalling on the street with fines up to €750 euros. While challenging to enforce, zoning laws send a clear message that catcalling will not be tolerated.
A combination of education, community engagement, and legislation may be required to significantly curb catcalling and create more inclusive, safe public spaces.
Case Studies
Around the world, there have been several example of cities and countries enacting laws or policies aimed at curbing street harassment such as catcalling. For instance, in Belgium in 2014, the parliament approved legislation that criminalizes sexist intimidation in public spaces with fines or jail time (Toward a Socially Responsible Application of the Criminal Law). This law allows for police intervention and punishment when acts like catcalling create a hostile, intimidating, or offensive environment that damages a person’s dignity. Early evidence showed the law had a positive effect, leading to more awareness, reports to police, and even some charges laid in test cases.
Countries like Portugal and the Netherlands have also implemented similar legislation against street harassment. In Portugal, the law allows for fines up to €10,000 for harassing behavior like catcalling. There has been some difficulty in enforcement, but the legislation sends a symbolic message and raises awareness. In the Netherlands, amendments to the law in 2016 made sexual intimidation in public spaces illegal. Those found guilty can face up to 3 years imprisonment or a fine of €8,500. While enforcement remains an issue, activists have used the law for public education campaigns (Catcalling From the Perspective of Criminal Law in Indonesia).
These examples demonstrate that legislation against street harassment and catcalling, even if not perfectly enforced, can positively shift public attitudes and empower people to report. Careful policy design and public education remain critical for maximizing impact.
Conclusion
This article has analyzed the complex legal, cultural, social, and ethical issues surrounding catcalling. We walked through the history of street harassment laws in New York City, the current legal regulations and enforcement, and the ongoing debate around banning or further restricting catcalling.
The key arguments covered in favor of a ban included reducing harassment for women, promoting gender equality and respect, and changing cultural attitudes. Counter-arguments revolved around free speech concerns, claims that banning catcalling is not enforceable, and whether alternative approaches like education and awareness could be more effective.
As it stands today, some forms of aggressive catcalling are illegal in New York City. However, for the most part catcalling remains a culturally tolerated practice that many women find threatening. While studies show the majority of women want legal interventions, concerns remain around free speech rights. Ultimately, reducing catcalling likely requires education efforts in parallel with laws holding people accountable for harassment. The debate seems sure to continue as society grapples with how to balance the rights and safety of all.