Public Sexual Harassment | What is the Law?
What is Public Sexual Harassment?
Public Sexual Harassment (PSH), also known as street harassment, comprises unwelcomed and unwanted attention, sexual advances and intimidating behaviour that occurs in public spaces, both in person and online. It is usually directed towards women, girls and gender diverse people; however, it can be experienced by all.
What legislation existed to combat PSH before 2023?
Not enough. Various legislation including the Sexual Offences Act 2003 and the Voyeurism (Offences) Act 2019 criminalised certain behaviours, but many specific types of PSH were not covered. There was a need for a new specific offence for PSH to replace the existing patchwork of legislation and make sure that all instances of PSH are covered.
How has the law changed?
On 18 September 2023, the Protection from Sex-based Harassment in Public Act 2023 became law.
The new law creates a new criminal offence under the Public Order Act 1986 of Public Harassment Based on Sex.
This means behaviour in public, which intentionally causes you harassment, alarm or distress and done because of your sex will be illegal and a criminal offence under the law.
Some examples of public harassment based on sex include:
Following a somebody
Deliberately walking closely behind someone as they walk home at night
Making obscene or aggressive comments
Making obscene or offensive gestures
Obstructing somebody’s path
Driving or riding a vehicle slowly near somebody walking
Perpetrators found guilty of public harassment based on sex can be convicted and receive a maximum prison sentence of 2 years, a fine or both.
What and who does the new law cover?
It must be proven that a perpetrator’s behaviour was intended to cause you harassment, alarm and distress and not only that it had that effect. A perpetrator could defend themselves by claiming their behaviour was intended as a ‘compliment’ or ‘joke’ or that they did not know that the behaviour would have that effect. Deciding if a perpetrator is guilty may mean a court deciding if they had that aim or that they knew that would likely be the consequence of their behaviour.
There is no requirement for anyone to have been harassed, alarmed or distressed by the behaviour, only that it was likely to have this effect on somebody to be a crime. Nor is there a requirement for evidence from bystanders who saw or heard the behaviour or that they were alarmed or harassed.
The harassment does not have to be sexual, only done because of your or “connected” to your sex, which sexual harassment is likely to be. For example, the harassment could be sexual or misogynistic and done because of being a woman.
The new law makes clear that it does not matter whether or not the behaviour was carried out for the perpetrator’s “sexual gratification”. This means they cannot claim that if the harassment was not sexually motivated, it was not PSH. What matters is whether it was intentional, caused you harassment alarm or distress and was done because of your sex.
The new law includes public harassment that is done because of your sex, regardless of what your or the perpetrator’s sex or gender is. It also includes public harassment done because of your “presumed” sex, regardless of how you self-identify or what the perpetrator presumes your sex or gender to be, even if they are wrong.
When will the Protection from Sex-based Harassment in Public Act 2023 come into effect?
The main provisions of the Act will not come into force until the Secretary of State for the Home Department issues guidance about how it will be implemented in practice. It is unclear what has caused the delay in this guidance being published.
