Street harassment laws explained: MPs approve plans to make behaviour a criminal offence

MPs have approved plans to make street sexual harassment an official crime, with offenders receiving a jail sentence of up to two years.

This new bill backed by the Government will make catcalling, following someone or blocking their path an offence across England and Wales.

While sexual harassment is already deemed to be illegal, this stricter bill aims to improve enforcement around street harassment.

The bill will now go to the House of Lords for further scrutiny before it can become enshrined in law. However, this is mostly a formality in this case, given the Government’s formal support.

The Crown Prosecution Service (CPS) is also pushing for those who are sent obscene images, have pictures taken up their skirt, get flashed in person. or are sexually harassed in the street to turn to the criminal justice system.

A report by the All-Party Parliamentary Group (APPG) for UN Women last year found that 71 per cent of women in the UK had experienced some form of sexual harassment in a public place, but 95 per cent of cases were not reported to the police.

Elsewhere, an Ofsted report last year showed that nearly 90 per cent of girls and nearly 50 per cent of boys revealed to inspectors that being sent explicit pictures or videos of things they didn’t want to see happened often to them and their peers.

But, what is the new guidance? Here’s everything you need to know.

What is the new guidance on sexual harassment prosecution?

The CPS formally updated its advice to staff about street harassment following the new bill’s approval.

The decision came after the murder of Sarah Everard last year, which inspired a renewed focus on women’s safety in public areas.

The new guidance stresses public order laws can be used to prosecute, even when someone makes “one-off, less serious comments”.

“Examples could include unwanted sexual comments... where it is not possible to prove that the perpetrator had an intention to cause harassment, alarm, or distress,” the guidance states.

In cases of unwanted touching in the street or on public transport, police do not have to prove what happened was “intentionally sexual”, says the guidance.

The CPS has also highlighted a new law that bans voyeurism while a person is breastfeeding a child, as well as introducing a ban on up-skirting, which came into effect in 2019.

Elsewhere, cases of “cyber-flashing” - where offenders send lewd messages or sexual images via bluetooth to people nearby — should also be handled in the same way as misuse of social media, the report says.

This would include an assessment of whether the messages were offensive, and intended to cause distress.

The CPS has stated it believes a clear approach to abusive behaviour in the street will help victims feel more able to make an allegation.

Siobhan Blake, CPS national lead for Rape and Serious Sexual Offences said: “It is sickening that seven in 10 women — almost three quarters — have been subjected to this disgusting behaviour.

“It is equally concerning that so few incidents of sexual harassment in public are reported.

“The law is clear that if someone exposes themselves, tries to take inappropriate pictures or makes you feel threatened on the street, these are crimes and should not be dismissed.

“Everyone has the right to travel on public transport, dance at a festival or walk the streets without fear of harassment. Feeling safe should not be a luxury for women.”