[...] Unwelcome sexual advances at work are suffered basically because of economic coercion that pertains to labor: the conditions of harassment are endured because one’s work and paycheck are conditions of survival. But unwelcome sexual advances at home or in the street are suffered because of other forms of coercion, or other forces of social life—some subtle, some not. Targeting sexual harassment at work as a civil rights violation has the unintended but predictable consequence of rendering sexual harassment everywhere else to be less understood, and perhaps even invisible, in both cultural and legal terms.
The law’s message is pretty clear: if the sexual harassment you’re suffering isn’t happening at school or work, it’s not remediable, at least as a matter of Title VII law. This looks and feels wrong. Doesn’t the sufferance of unwelcome sexual advances in other spheres also undercut women’s equality? Does all of the unwelcome sex and sexual attention women endure only injure them if and when it is coerced through the mechanisms of the paycheck? Does that mean that in all those other spheres of life—home, the street, the public square—sexual harassment, understood as the imposition and sufferance of unwelcome sex, is okay? Is harassment elsewhere normal or unobjectionable—a kind of persistent cultural white noise that’s just something women are supposed to put up with?
Maybe sexual harassment is only a civil rights violation—and therefore only a wrong—if it’s accompanied by the coercive power that comes at the end of the stick of employment. Maybe in other spheres it is what it has always been: what women put up with. Maybe in those non-work-related contexts, in other words, women’s bodies are still up for grabs.
i guess the rebuttal here is that if it's outside the spheres of work/school, then who should be responsible, as there's not necessarily an obvious institution? just the harasser?