Yes. From 1 April 2026, the law in England and Wales changed, creating a new criminal offence targeting sex-based harassment. Behaviour often described as “sexual harassment” may now, in some situations, amount to a criminal offence.
However, not every act of sexual harassment is a crime. The law draws a distinction between behaviour that is inappropriate or unacceptable and conduct that meets the criminal threshold.
This article explains the new offence, when behaviour can become criminal, what the police must prove, and what to do if you are accused.
What Is the New Sexual Harassment Offence?
The new offence is found in section 4B of the Public Order Act 1986, inserted by the Protection from Sex-based Harassment in Public Act 2023. It builds on the existing offence of intentional harassment, alarm or distress under section 4A of the Public Order Act 1986.
To prove the offence, the prosecution must show:
- that the accused intentionally caused harassment, alarm or distress
- that the behaviour was motivated by the other person’s actual or presumed sex
- that the conduct involved threatening, abusive or insulting words or behaviour, or disorderly conduct, or the display of threatening or abusive material
- and that the behaviour actually caused harassment, alarm or distress.
The law does not require that sex was the sole or primary reason for the behaviour. It is enough if the conduct was motivated by sex as one of the factors.
Where Can This Offence Apply?
Although introduced in response to concerns about harassment in public spaces, the offence is not confined to the street. It can apply in public spaces such as streets, public transport and parks, and in private settings accessible to the public, including workplaces, shops, gyms and hospitality venues. However, private dwellings are excluded, as are vehicles used as permanent or temporary living accommodation.
Examples of Behaviour That May Fall Within Scope
Official guidance makes clear that whether behaviour amounts to an offence will always depend on the facts, intent and context. Examples of conduct that may fall within scope include:
- persistent, obscene or sexual comments or gestures directed at an individual
- blocking, cornering or obstructing someone in a way intended to intimidate
- deliberately watching or displaying obscene material in public in a way intended to cause harassment, alarm or distress
- deliberate and persistent intimidation directed at a specific person.
These are examples only, and many uncomfortable or inappropriate interactions will not meet the criminal threshold.
Can You Go to Prison for Sexual Harassment?
Yes, if the offence is proved. The maximum penalty is up to two years’ imprisonment, an unlimited fine, or both. However, the outcome in any individual case will depend on the specific facts, the available evidence, and how the court assesses the conduct and intent involved.
How Is This Different from Sexual Harassment at Work?
Workplace sexual harassment is normally dealt with under the Equality Act 2010. In that context, the focus is on the effect of the conduct on the person affected. Intention is not required. The new criminal offence is different. It requires proof that the accused intended to cause harassment, alarm or distress because of the complainant’s sex. This makes the criminal threshold significantly higher than workplace harassment claims.
Could Other Offences Apply?
In some cases, other offences may be considered depending on the circumstances. If the alleged behaviour occurs on two or more occasions and amounts to a course of conduct, the police may consider a separate offence under the Protection from Harassment Act 1997. No sexual element needs to be proved in that context.
Where physical contact of a sexual nature is alleged, the matter may instead be investigated as sexual assault. Sexual assault does not require contact with a part of the body that is inherently sexual; what matters is whether the touching itself is sexual in nature, assessed by its nature, context and purpose.
What Should You Do If You Are Accused of Sexual Harassment?
Being accused of a sex-based harassment offence can have serious consequences, including the risk of imprisonment, a criminal record and lasting reputational damage. If you are contacted by the police or asked to attend an interview, it is important to obtain specialist legal advice from a sexual offence solicitor before providing an account.
Because this offence requires proof of intentional conduct and a link to the complainant’s sex, cases often turn on questions of intent, context and interpretation. What was said or done, the surrounding circumstances, and how the behaviour is characterised can be critical. Early legal advice can help you understand the allegation, prepare for interview, and address issues such as intent, motivation and context at the outset. Early written representations may also be made to the police to challenge the basis of the allegation before any charging decision is taken.
In Summary
The introduction of the sex-based harassment offence represents a significant change in the law, but it does not criminalise all behaviour that might be described as sexual harassment. It is not a general offence covering all forms of inappropriate or uncomfortable behaviour, nor does it criminalise mere offence, social awkwardness or poor judgement.
To amount to a criminal offence, the prosecution must prove that the conduct was intentional, that it was motivated by the other person’s sex, and that it met the legal threshold for causing harassment, alarm or distress. Whether the offence is made out will always depend on the specific facts and the evidence available.
For confidential, expert advice, contact our Sexual Offences Team for an initial consultation. Call 0333 240 7373 or email [email protected] or send an enquiry through our contact us page here.