Andrew Tettenborn

Is it right to criminalise verbal sexual harassment?

Credit: Getty images)

In febrile times, politicians tend to have a touching belief in their ability to pass laws and make men good. The well-meaning, but actually slightly sinister, Protection from Sex-based Harassment in Public Bill, which went through its committee stage yesterday with full support from Labour and no dissenting voices, is a case in point.

The proposed legislation is a private member’s Bill brought by Greg Clark, Conservative MP for Tunbridge Wells, but it is broadly supported by the government. At first sight it does very little. It has long been a crime under the Public Order Act to intentionally cause someone harassment, alarm or distress by saying or doing anything threatening, abusive or insulting. This can clearly stretch to covering sexual harassment. Currently, however, the offence is summary, carrying a sentence of six months in prison or an unlimited fine. The new Bill would raise the penalty to two years, and allow it to be tried in a criminal court, if committed because of the other person’s sex (even if not for sexual gratification). 

Most disconcertingly, there are clear indications that for supporters of the Bill it does not go far enough

There is no doubt that the measure is well-meant.

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