Street harassment—such as catcalling, unwanted comments, following someone in public, or intrusive gestures—is a serious social issue in the UK. But when it comes to the question
“Is street harassment a crime in the UK?”,
the answer is both yes and no. The law does address some forms of harassment, but not all types of behaviour are automatically treated as criminal offences. Let’s explore how the law currently views this issue, what legal changes are being made, and what people can do if they experience harassment in public.
What Counts as Street Harassment?
Street harassment includes any unwanted behaviour in public spaces such as streets, parks, buses, or trains. It can take many forms, including:
- Unwanted sexual or gender-based comments
- Catcalling, whistling, or honking
- Persistent staring or following someone
- Blocking someone’s path or making unwanted advances
Although these behaviours are not always illegal, they are all forms of harassment that can make victims feel unsafe, uncomfortable, or fearful. Surveys in the UK have shown that a majority of women and many men have experienced some form of public sexual harassment, showing how widespread the problem really is.
The Current Law in England and Wales
There is no single law in England and Wales that specifically makes “street harassment” a criminal offence. However, several existing laws can be used to prosecute such behaviour if it meets certain conditions.
1. Public Order Act 1986
- Section 5: It is a criminal offence to use threatening or abusive words or behaviour likely to cause harassment, alarm, or distress.
- Section 4A: It is an offence to intentionally cause harassment, alarm, or distress through abusive or threatening behaviour.
2. Protection from Harassment Act 1997
This law covers harassment and stalking. It applies when there is a “course of conduct” (meaning more than one incident) that causes someone distress, alarm, or fear. Repeatedly following or intimidating someone in public can fall under this act.
3. Sexual Offences and Related Crimes
Some forms of street harassment can also be charged under other laws, such as those covering indecent exposure, voyeurism, or taking photos without consent (known as “up-skirting”). More recently, cyber-flashing (sending unwanted sexual images) has also been criminalised.
In summary, if a person’s behaviour is threatening, repeated, or sexual in nature, it can be treated as a crime under current UK law. However, one-off comments or gestures that are merely rude or offensive may not meet the threshold for prosecution.
The Push to Make Street Harassment a Specific Crime
For years, campaigners and politicians have argued that the law needs to go further by making street harassment a specific criminal offence. Many believe this would make it easier for victims to report such behaviour and for police to take action.
In 2023, the UK Parliament passed the Protection from Sex-Based Harassment in Public Act, which makes it a specific offence to harass someone in public because of their sex. The new law covers behaviours such as catcalling, following someone, or blocking their path with the intention of causing distress or humiliation.
Once fully in force, the new act will make it clearer that street harassment is unacceptable and punishable by law. It aims to create safer public spaces and change social attitudes toward gender-based harassment. However, at present, enforcement mechanisms and official guidance are still being developed.
What This Means in Practice
If someone shouts abuse at you, makes lewd gestures, or follows you in the street, the behaviour may already be illegal if it is threatening, intentional, or part of repeated conduct. Police can use the Public Order Act or the Protection from Harassment Act to take action.
However, a single catcall or whistle, while offensive and inappropriate, may not be treated as a criminal act under current laws unless it includes threats, sexual content, or intent to cause distress.
The introduction of the new act will help close this gap, but until it is fully operational, some forms of harassment will remain in a legal grey area.
If the harassment targets someone because of race, religion, disability, sexual orientation, or gender reassignment, it can also be treated as a hate crime, which carries heavier penalties.
Challenges in Addressing Street Harassment
One of the biggest challenges is proving intent. The law often requires evidence that the person meant to cause harassment or that their behaviour caused alarm or distress. This can be difficult to establish without witnesses or recordings.
Another challenge is that many victims do not report street harassment. Studies suggest that a vast majority of people who experience it never go to the police, often because they believe nothing will be done or fear they will not be taken seriously.
Defining the boundaries of what counts as harassment is also tricky. While everyone agrees that threats and stalking are unacceptable, opinions differ on whether certain comments or gestures should be criminalised. This makes legal reform complex and often controversial.
What to Do If You Experience Street Harassment
- Report the incident: If you feel threatened or distressed, you can contact the police. Provide details such as the time, place, and description of the person involved.
- Gather evidence: If safe to do so, record details or video evidence. Keep track of dates and times, especially if the behaviour happens more than once.
- Seek support: Organisations like Victim Support and local women’s safety groups offer emotional and practical help to victims of harassment.
- Stay safe: If you feel unsafe, move to a public area or contact a friend or family member. Use well-lit routes and avoid isolated places when possible.
Frequently Asked Questions (FAQs)
Q1: Does every catcall or whistle count as a crime?
No. While catcalling is unpleasant and disrespectful, it is not automatically a crime unless it involves threats, sexual content, or intent to cause alarm or distress.
Q2: If someone follows me in the street, is that a crime?
Yes, it can be. Repeated following or stalking that causes fear or distress is an offence under the Protection from Harassment Act 1997.
Q3: What about blocking someone’s path or walking closely behind them?
These behaviours could become criminal offences under the new Protection from Sex-Based Harassment in Public Act if they are done because of a person’s sex and cause distress or humiliation.
Q4: Can I report harassment motivated by racism or homophobia?
Yes. If the behaviour is motivated by hate or prejudice, it may be recorded as a hate crime, which carries higher penalties.
Q5: What is the penalty for street harassment under current law?
Under the Public Order Act, intentional harassment can lead to up to six months in prison. The new act allows for penalties of up to two years’ imprisonment for sex-based public harassment.
Final Thoughts: Building Safer Streets for Everyone
Street harassment can be a crime in the UK, depending on the nature and intent of the behaviour. Acts that are threatening, repeated, or sexual in nature can already be prosecuted under existing laws. However, general rudeness or single incidents without intent may not be criminal.
The new Protection from Sex-Based Harassment in Public Act 2023 is a step forward in making public spaces safer, especially for women. It sends a clear message that harassment of any kind will not be tolerated.
