The law has historically failed to take seriously numerous issues affecting women’s lives, and street harassment is no exception. Although several legal remedies could potentially be employed to combat street harassment, the current state of the legal system makes success highly unlikely.
Judges, legislators, and other decision-makers—mostly male—have generally understood street harassment as a trivial occurrence and thus not within the proper scope of the law. In turn, even laws already on the books that prohibit intimidation and harassment are rarely interpreted to address the harms of street harassment experienced by women. The application of existing legal remedies to street harassment experienced by LGBTQ individuals is an even more remote possibility, although legislation prohibiting hate crimes and hate speech may provide additional recourse in these cases. For more information on this, click here.
Given the shortcomings of the law in this arena, a number of legal scholars and activists have suggested specific legal reforms that have yet to be implemented. For a thorough review of current legal concepts used against street harassment and their failures, as well as proposed remedies, see Cynthia Grant Bowman’s “Street Harassment and the Informal Ghettoization of Women,” published in the Harvard Law Review and available here.