Calling a Stranger ‘Fine Girl’ or Whistling Could Amount to Sexual Harassment in Nigeria | Deborah Ocheja

Casual remarks such as calling a stranger “fine girl,” “my colour,” “babe,” or whistling at someone may seem harmless to some, but under Nigerian law, they can amount to sexual harassment if they are unwanted and create an intimidating, hostile, degrading, or offensive environment.

Legal experts note that the determining factor is not the speaker’s intention but the context and how the comment is received. What one person considers flattering, another may experience as offensive or threatening.

Sexual harassment is broadly defined as unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature that undermines a person’s dignity or creates a hostile environment. It affects both women and men and is recognised as a form of discrimination and, in some cases, violence.

Common acts that may constitute sexual harassment include making sexual jokes, rating people based on physical attributes, commenting sexually on a person’s body or clothing, whistling or catcalling, making suggestive gestures or sounds, persistently asking someone out after refusal, name-calling, intrusive staring, asking unwanted questions about a person’s sex life, and any form of unwanted physical contact or stalking. More severe acts such as sexual assault, molestation, and rape are also included.

Nigeria’s Criminal Code in the South and Penal Code in the North criminalise sexual harassment, prescribing serious penalties, including imprisonment of up to seven years for acts of gross indecency without consent. In addition, a proposed bill before the National Assembly seeks stiffer penalties, with jail terms ranging from five to 14 years for sexual offences involving students, without the option of a fine.

Ultimately, the law places emphasis on consent and the feelings of the recipient. If a comment or action is unwelcome, it may cross the line into sexual harassment, regardless of how casually it was intended.