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The Protection from Sex-based Harassment in Public Act 2023 came into force on 1 April 2026.
Section 1 of the new Act 2023 adds a new section 4B to the Public Order Act 1986 to bring into force the criminal offence of intentional harassment, alarm, or distress carried out because of a person’s sex, or presumed sex.
A person will be guilty of sex-based harassment if they use threatening, abusive or insulting words or behaviour or commit any disorderly behaviour. It is also an offence to display or write, sign or other visible representation which is threatening, abusive or insulting (social media?)
The offence may be committed in a public or private place (including the workplace), but it is not a criminal offence if it occurs inside a private dwelling, i.e. a person’s home or living accommodation. (What if the offence occurs inside a dwelling that is provided with a job? Arguably, this might be captured…).
A person defending an offence would have to show either that they were inside a dwelling with no reason to believe their words or behaviour, of the writing, sign or other visible representation would be seen or heard by a person outside or that their conduct was reasonable.
In determining whether an offence has been committed, it will not matter whether the conduct was carried out for sexual gratification or for any reason in addition to the sex of the victim.
This new criminal offence is about intentional harassment, alarm or distress on account of sex and is triable either way with a maximum penalty of two years’ imprisonment in the Crown Court.
When the Bill was introduced, specific examples of sex-based harassment in public included intrusive or persistent staring or questioning, following someone, sexual or obscene comments, propositions or gestures (catcalling), flashing, non-consensual physical contact and technology-enabled sexual behaviour.
More egregious conduct, such as exposure, upskirting and assault, is an offence under the Sexual Offences Act 2003.
You may be wondering why an employment lawyer welcomes the introduction of this Act. Well, I am a woman and the mother of a daughter, so anything that makes us feel safer is welcome. With my work head on, I routinely represent women suffering from sex-based harassment in the workplace. It is good to see that the criminal law is also there to support our endeavours to eliminate such conduct and to persuade employers that they need to do more.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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