Protection from Sex-based Harassment in Public Act 2023
Public sexual harassment is an everyday reality for women, girls and those of marginalised genders. That’s why in November 2020, Our Streets Now launched the #CrimeNotCompliment campaign in partnership with Plan International UK. Together, with thousands of girls across the UK, we set out to change the law in order to protect girls from all forms of public sexual harassment. And we’ve done it!
We will be watching how effective this new law is in preventing public sexual harassment and in providing justice for those affected – including by continuing to speak to survivors about their experiences. We will be here to hold the Government to account if it fails on its promise to tackle violence against women and girls.
Throughout this process, those in positions of power must recognise girls' voices and value girls as key drivers of change. It’s critical that girls’ voices are heard. Critical as a right, critical to shaping the policies and decisions that will affect them, and critical to achieving gender equality and a better world for everyone.
The law has changed, and public sexual harassment (PSH) is now a criminal offence.
The Protection from Sex-Based Harassment in Public Act 2023 comes into effect on April 1st 2026, in England and Wales only. The bill gained royal assent on 18th September 2023.
The change in the law creates a new criminal offence under the Public Order Act 1986. This means behaviour in public which intentionally causes you alarm or distress and is perpetrated because of your sex or presumed sex, will be illegal and a criminal offence under the law.
Some examples of public sexual harassment include:
Following somebody
Deliberately walking closely behind someone as they walk home
Making obscene, sexualised or aggressive comments
Making obscene, sexualised or offensive gestures
Obstructing somebody’s path
Driving or riding a vehicle slowly near somebody walking
Perpetrators found guilty of public sexual harassment can be convicted and receive a maximum prison sentence of 2 years, a fine or both.
Disclaimer: This information is by no means legal advice. This law and the accompanying guidance is new to us all, it isn’t perfect and we don’t know how this will play out. We have tried to make this as user-friendly and easily digestible as possible.
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FAQs
What is Public Sexual Harassment?
Any unwanted or unwanted verbal or physical behaviour which is threatening, abusive, insulting or disorderly behaviour. This can include display writing or signs too. It must be a public space for example, on the street, public transport, gyms, bars, pubs and clubs.
Does the new law apply to all genders?
Yes. The new law includes public harassment that is perpetrated 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. This includes trans and non-binary people, too.
What is the difference between reporting under this new Act and a hate crime?
If a section 4b has been charged and there is evidence of behaviour that would also come under a hate crime, there can be an uplift in the sentencing of the 4b offence. “Officers should consider which offence best reflects the seriousness and the extent of the offending and provides the court with adequate powers to sentence.”
What does reporting to the police involve?
The new law gives you the right to report it to the police, for the police to arrest suspected perpetrators and the Crown Prosecution Service (CPS) to prosecute. The police can take action even without a report and take steps to identify the perpetrator.
However, usually for a criminal prosecution to succeed, you may have to take part in the criminal justice process. This might include giving statements to the police, taking part in a police investigation, identifying perpetrators or being cross-examined in court by a lawyer.
What support is available for reporting to the police?
It is a good idea to be informed about the criminal justice process and your legal rights as soon as possible if you decide to report to the police or take part in the criminal justice process.
Rights of Women’s free criminal law telephone line provides anonymous advice and has published Report to Court, which explains what survivors need to know about the criminal justice process.