Public sexual harassment will be made a specific offence through government-backed legislation, the purpose of which is to build on the current harassment laws throughout England and Wales.
The new proposals arise from the increase in crimes against women, particularly those being carried out in public. The change to the law will provide that if an offence is committed under existing section 4A Public Order Act 1986 (intentionally causing someone harassment, alarm or distress), and is done because of the victim’s sex, then they can get the higher maximum sentence of two years upon conviction, when previously the maximum was six months.
Existing Harassment Laws
Sexual harassment is currently not a criminal offence, however the public are protected against harassment in criminal law under section 2 of the Protection from Harassment Act 1997.
Sexual harassment is already acknowledged as being unlawful in the UK law, it is a form of discrimination under the Equality Act 2010 and this generally applies to sexual harassment within the work place.
The legal guidance given to describe harassment is behaviour which causes alarm or distress and is defined within the Protection from Harassment Act 1986. S4A of the of the act makes a person guilty of an offence, if with intent to cause a person harassment, alarm or distress, they (a) use threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting thereby causing that or another person harassment, alarm or distress. An offence under this section may be committed in public or in a private place, other than a home, unless the behaviour is intended to be seen or heard by someone outside of that home.
Section 5 of the act makes a person guilty of an offence if they use threatening, or abusive words or behaviour, or disorderly behaviour, or displays any writing, sign or other visible representation which is threatening, or abusive, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
A prosecution under section 2 of the act requires proof of harassment. In addition there must be evidence to prove the conduct was targeted at an individual, was calculated to alarm or cause him/her distress, and was oppressive and unreasonable.
As lawyers the most common type of harassment we encounter is unwanted communications from one person to another.
Proposed Specific Sexual Harassment Law
The call to make sexual harassment a specific offence comes from the increased publicity of sexual crimes against women in public. Public sexual harassment will bring a maximum prison sentence of two years instead of the current maximum sentence of six months. The intention of the Home Secretary by introducing a specific offence is to encourage more women and men to report incidences to the police, making the public feel safer and protected from unwanted sexual behaviour.
The types of behaviour that may be considered sexual harassment under the new laws could include; pressing against someone in a sexual way on public transport, walking closely behind someone as they walk home at night, making obscene or aggressive comments towards them, obstructing their path or driving slowly near them in public places. It appears the Law Commission would define public sexual harassment as harassment that was sexual, had the intent to degrade or humiliate, and that took place in public.
PCD Solicitors - defending a sexual offence
At PCD Solicitors we act for clients accused of various sexual crimes from the making, possessing and distribution of indecent images of children to sexual assault and rape. When public sexual harassment is made a specific offence we expect there to be a surge in the reporting of such public offences at various levels of severity.
The first step when representing a client charged with a sexual offence is for us to obtain the evidence, we then sit and explain this to our client informing them of their options. At all stages of a client's matter we would assess the strength of the prosecution case, if the prosecution do not produce enough sufficient evidence we challenge this to ensure our clients case is dealt with as swiftly as possible with the outcome being the best for them.
Should your case proceed to trial or sentence we select a barrister most suited to our client and the case, who we work closely with to prepare your case for court. Our barristers are well experienced in presenting persuasive legal arguments in cases concerning sexual offences from the legal arguments surrounding restrictions put in place by the imposition of Sexual Harm Prevention Orders to arguments for why a prison sentence should be suspended. We can guide you through all potential outcomes in your case and ensure the best route is taken.
To find out what our clients say about us visit the below link to read our reviews on recent cases.
https://www.reviewsolicitors.co.uk/borough-of-halton/widnes/pcd-solicitors-ltd