[W]e should all welcome the protection from sex-based harassment in a public bill. It echoes the way that hate crime legislation penalises those who … - Stella Creasy

" "

[W]e should all welcome the protection from sex-based harassment in a public bill. It echoes the way that hate crime legislation penalises those who target certain groups based on their identity, by using an existing offence used to prosecute harassment – from the Public Order Act 1986 – and applying a harsher sentence to those whose motivation is shown to be about the sex or perceived sex of their victim. It is the first time the statute book will recognise how misogyny drives crimes against women.
Yet, as ever, nothing is straightforward. Public order offences allow the accused to claim a defence that they thought their behaviour was "reasonable", even if no one else would. This contrasts with other legislation that also covers harassment in English law, and only allows a defendant to claim their behaviour is reasonable if others would agree; that they "ought to know" if their conduct was unacceptable. Without changing this element of the forthcoming public harassment bill to be consistent with how harassment operates elsewhere, this new law – while well-intentioned – risks giving perpetrators the opportunity to claim "she just can’t take a compliment" as an actual defence to a criminal offence.