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.

What does intentionally caused harassment, alarm or distress mean?

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.

However, 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. 

Does the new law include Public Sexual Harassment?

Yes. 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.

Does the new law apply to all genders?

Yes. 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.

Should I report Public Harassment Based on Sex to the police?

Only, if you want to if you are a victim or a witness. 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. 

What does reporting to the police involve?

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.

The new law also means that guidance on how the police should handle public harassment based on sex must be published and include what defences might be available. However, this has not yet been published.

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.