For quite some time she was on the fence about the criminalisation of sexual harassment in public. “Maybe because I too have normalised this behaviour. When you’re of a certain age and you go out, you’re looked at, pinched, addressed in ways that have nothing to do with respectful flirting. We’ve all experienced it.” Still, Suzan van der Aa agrees with the proposed criminalisation. “It’s harmful behaviour and society has changed, not least as a result of the #MeToo movement. It’s no longer seen as acceptable.”

Sexual harassment in public is framed in the bill—which has yet to pass through the Senate and House of Representatives—as a violation of public order. The aim is to protect the collective interest; everyone should be able to enjoy public space freely. This includes the internet and social media.

But exactly what constitutes sexual harassment remains a thorny question. Where do you draw the line between ‘normal’ flirting and sexually inappropriate behaviour? The parliamentary documents provide some suggestions, but it is largely a matter to be decided in the courts, says Van der Aa. “You really have to be approached sexually in an intrusive way. That depends on the context. One person hissing at you during the day is very different from a large group at night.”

Workplace

It was the #MeToo movement that shone a spotlight internationally on the severity and extent of sexually inappropriate behaviour. This often involved sexual harassment in the workplace, the most notorious example being the abuse by film producer Harvey Weinstein. Sexual harassment in the workplace does not, however, fall under the proposed criminalisation. A missed opportunity, says Van der Aa.