So, just what are the laws about street harassment?

By Charles Sercombe
There has been much talk in town the past couple of weeks regarding the street harassment of women.
It’s a problem that has plagued women in Hamtramck for decades – which ranges from catcalls to aggressive sexual propositions.
Recently, a local reporter, Simon Albaugh, inquired about the issue on social media resulted in an avalanche of women – and men – responding.
The experiences shared were harrowing.
At the last city council meeting, Councilmember Ian Perrotta proposed a resolution to begin exploring the issue, with an eye toward possibly proposing city ordinances to crack down on the behavior.
(Perrotta also announced his resignation from council after the meeting.)
However, several women advised against this resolution, fearing that any new law might end up giving officers the green light to single out minorities and harass them.
A bare majority of the council agreed to postpone voting on the resolution to further explore it – much to the objection of Perrotta. (Councilmember Saad Almasmari also sided with Perrotta, and voted against the postponement.)
As it turns out, there are a number of state laws on the books that cover the subject.
So, what are some of those laws, and what are the constraints?
We searched several online sites that addressed the issue, and found one in particular, at stopstreetharassment.org, had the most information about Michigan’s laws on the subject.
Some of the state’s laws seem outdated in their language and how women are viewed. They’ve been labeled as sexist by some.
There are also laws that prohibit up-skirt photo taking, following a person, indecent exposure and groping.
According the website, there are six Michigan laws that specifically zero in on street harassment.
Here are the laws outlined by the website:
1) “Cursing and Swearing §750.103 — Cursing in public is illegal in Michigan. If a street harasser is using foul language or calling you swear words, you can report him/her.
“Note: The law states that a prosecution can only be sustained if it is commenced within 5 days of the incident, so if you intend to report someone for cursing and swearing, you’ll want to do so right away.
“Penalty: Cursing and swearing is a misdemeanor in Michigan, punishable by a fine of up to $500 and/or up to 90 days in jail.”
2) “Disorderly Person§750.167 — Michigan addresses disorderly conduct by defining who is considered a ‘disorderly person.’
“The list of ‘disorderly persons’ includes a range of offenses, but those relevant to street harassment are:
•Window peeping.
•Engaging in indecent or obscene conduct in a public place.
•Being intoxicated in a public place and either endangering the safety of another or causing a public disturbance.
•Loitering in or about a place where illegal business is being conducted (this might be someone buying or selling illegal substances, vending on the street without a permit, or soliciting prostitution).
“Penalty: Disorderly conduct is a misdemeanor in Michigan, punishable by a fine of up to by a fine of up to $500 and/or up to 90 days in jail.”

3) “Improper Language in the Presence of Women and Children– §750.337 It is illegal in Michigan to ‘use any indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child.’
“This law is rather sexist, but it’s a law on the books. If you’re a woman or a minor and a street harasser is using this kind of language toward you or in your presence — whether cursing, insulting you, or making obscene or vulgar comments — you can report him/her.
“Penalty: Using improper language in the presence of women and children is a misdemeanor, punishable by a fine of up to $500 and/or up to 90 days in jail.”
4) Soliciting Prostitution§750.448 — Soliciting, inviting, or accosting another person to engage in prostitution is illegal in Michigan. If a street harasser solicits sexual activity from you, you can report him/her.
“You can also make the case that harassers who yell, “How much?!” or offer you money, or anything else, for sex, even in jest, are soliciting prostitution.
“Penalty: Throughout Michigan, soliciting prostitution is a misdemeanor, punishable by a fine of up to $500 and/or up to 93 days in jail.”
5) “Unlawful Filming/Photography Surveillance of an Individual Having Reasonable Expectation of Privacy§750.539j — It is illegal in Michigan for a harasser to surveil, photograph, or otherwise record or capture an image, and/or disseminate or share that image, of you in your underwear, of your underwear, or of your unclad genitalia, butt, or breasts under circumstances in which you have a reasonable expectation of privacy.
“The Michigan statute doesn’t define what the circumstances under which you can reasonably expect privacy are, but those circumstances usually include being in:
•Your home or another private place
•A dressing room
•A locker room
•A restroom — It also usually includes the private areas of your body that are covered by clothing.
“If a harasser peeps on you, take an up-skirt or other inappropriate photograph, or records you inappropriately, you can report him/her. Penalty: Surveillance of or photographing or recording an individual having a reasonable expectation of privacy is a felony, punishable by a fine of up to $5,000 and/or up to 5 years in prison.”
6) “Indecent Exposure Indecent Exposure§750.335a — Michigan law prohibits knowingly making an open or indecent exposure of one’s person or the person of another.
“That means it is illegal for anyone to flash or expose him or herself and it is illegal to expose a non-consenting person’s body, for example by lifting up a woman’s skirt.
“If someone flashes you or exposes him or herself to you, or exposes you in some way, you can report him/her.
“Penalty: Indecent exposure is a misdemeanor, punishable by a fine of up to $1,000 and/or up to 1 year in jail. If the harasser was also fondling his or her genitals, pubic area, buttocks, or, if female, breasts at the time of the incident, the penalty rises to a fine of up to$2,000 and/or up to 2 years in prison.
(Note: “If you think someone is following you, you can call 911 right away, the first time it happens. You do not have to wait for that person to commit a crime.
“Attempt to Commit Crime§750.92 — Michigan has a provision that holds any person accountable that attempts to commit a crime, even if s/he doesn’t succeed.
“If you are being harassed or followed and you think the harasser may try to commit a crime -such as sexually assaulting you -you can report him or her to the police.
“That person will be held accountable in proportion to the crime s/he intended to commit. This applies whether the person was apprehended in the process or simply fails to complete the crime.
“Penalty: The penalty for attempting to commit a crime is proportional the crime that was attempted. For example, if it is found that a harasser attempted to commit criminal sexual conduct in the fourth degree (groping), the penalty for his or her attempt would be up to half of the penalty for that crime: a fine of up to $250 and/or up to 1 year in jail.”
Once you make a report to the police department, be sure to get a report for your own records.
Check out the organization’s website for a number of other helpful tips.

Hamtramck’s law about street harassment

By Charles Sercombe
So, what do Hamtramck laws say about people being subjected to unwanted sexual propositions, or otherwise verbally harassed, while minding their own business on the city’s streets?
Hamtramck does have a definition of harassment, and it reads:
“Knowingly harass any other person. Harass is defined as any repeated non-verbal conduct which specifically intended to frighten, embarrass or anger the person or persons who are the object of such conduct or which the person accused has reason to know is likely to produce such reactions, or as any repeated verbal communications which, by its very utterance, inflicts injury or tends to incite an immediate breach of peace.”
Also, the city’s law addressing disturbing the public peace seems to address the issue of street harassment. It outlaws:
“Persist in disturbing the public peace and quiet by loud or aggressive conduct, having once been clearly informed by persons affected that she or he is, in fact, unreasonably causing such a disturbance, provided, however, that notice need not be given when such persons affected reasonable believe that to do so would constitute a risk to their personal safety.”
Posted April 23, 2021