What Is the New Sexual Harassment Offence?

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:

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:

These are examples only, and many uncomfortable or inappropriate interactions will not meet the criminal threshold.