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by Munro Research

Protection from Sex-based Harassment in Public Act 2023


Official Summary

A Bill to make provision about causing intentional harassment, alarm or distress to a person in public where the behaviour is done because of that person’s sex; and for connected purposes.

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Overview

This bill aims to create a new criminal offence in England and Wales: intentionally causing harassment, alarm, or distress in public because of a person's sex. It amends existing legislation to include this new offence within relevant acts covering public order, football spectating, policing, and elections.

Description

The bill adds a new section (4B) to the Public Order Act 1986. This section criminalizes behavior that meets the existing definition of harassment, alarm, or distress (section 4A) if that behavior is carried out because of the victim's sex. It's irrelevant if the perpetrator had other motivations or acted for sexual gratification. The bill also makes consequential amendments to the Football Spectators Act 1989, the Police Act 1997, and the Elections Act 2022 to ensure this new offense is included in their relevant lists of offenses. Penalties for violating this new law include fines and up to two years' imprisonment.

Government Spending

The bill doesn't directly specify any new government spending. The cost will likely be associated with enforcement (police time, court proceedings), which is not detailed in the bill itself.

Groups Affected

  • Women: Primarily intended to protect women from sex-based harassment in public spaces. The impact will be increased protection and potential prosecution of perpetrators.
  • Perpetrators of sex-based harassment: This bill will increase the likelihood of facing prosecution for sex-based harassment in public.
  • Police forces: Will be responsible for enforcing the new law, potentially increasing their workload.
  • Courts: Will see an increase in cases related to this new offense.

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