Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: what the new law means for you and how it’s going to be enforced – Legal Perspective
It’s a sad but true fact that pretty much every woman has a story about being harassed, followed, or shouted at in the street in some capacity – and for many, it began in our teenage years. Too many of us know the feeling of frantically searching in the bottom of our bags to find keys to grip on tightly to, or the stress of having to change your route home. But as of today, there’s a major shift in the England and Wales: catcalling is officially a crime. One that could see perpetrators face up to two years in jail.
A new law has just come into force making sex-based harassment in public illegal. But what does this actually mean for our everyday lives? And, more importantly, will it really stop the street harassment we face? Here’s everything you need to know about the new legislation, including how it’ll potentially be enforced.
What is the new public harassment law, and how did it come about?
The Protection from Sex-Based Harassment in Public Act is a groundbreaking piece of legislation that targets those who intentionally harass, alarm, or distress someone in public because of their sex.
The change didn’t happen overnight. It’s the result of seven long years of tireless campaigning by grassroots groups like Our Streets Now and Plan International UK (alongside others).
The government has now officially declared violence against women and girls a “national emergency” and Minister for Safeguarding and Violence Against Women and Girls, Jess Phillips, didn’t mince her words in the official press release: “Instead of forcing women and girls to change their behaviour, we are going after those who choose to target and intimidate them… If you harass someone in public because of their sex, it will not be tolerated and you can face a criminal record and up to 2 years behind bars.”
How will this actually work in practice?
While the law sounds empowering on paper, the big question is how it’s going to be enforced… or can it even be properly enforced? Emma Barrow, Senior Solicitor in the Abuse Team at Bolt Burdon Kemp, explains that enforcement relies heavily on police investigation.
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“The new law sends an important signal that sex-based harassment is taken seriously by our government,” Barrow tells Cosmopolitan UK. However, she adds a crucial reality check: “Without consistent policing and clear evidence thresholds, many everyday experiences of harassment still won’t reach the bar for prosecution.”
If you report an incident, the police will look for a statement, possible witness accounts, and potentially any CCTV or phone footage. They’ll need to ask if the behaviour was intentional and “threatening, abusive, or seriously distressing” to secure a realistic conviction. As Barrow notes, “What matters is whether victims are believed, evidence is gathered, and cases are actually pursued.”
Wait, does one single catcall count?
In short, yes. This is the biggest game-changer. Previously, harassment laws often required a proven pattern of behaviour to take action, but not anymore.
“One incident is enough,” Barrow confirms. “With the new law, there no longer needs to be a proven pattern of behaviour from the perpetrator to secure a prosecution. One incident alone can meet the threshold for harassment. Hopefully this should make men stop and think twice before shouting unwanted comments at a woman on the street; one threatening or distressing comment towards a woman, if proven, can lead to a conviction.”
How do you prove you’re being harassed because of your sex?
Proving a sexist motive is tricky… a perpetrator is hardly going to confess, “I did this because she’s a woman.”
Luckily, they don’t have to. Barrow explains that courts can infer the motive from context, similar to a hate crime. Red flags include explicitly gendered language (like calling someone a “slut”), making sexual comments about your body, demanding sex, or making gross gestures like kissing noises. Even so, Barrow admits that “sex-motivated harassment can be difficult to prove in borderline cases, and that’s one reason critics say enforcement may continue to be flawed.”
Will this really change anything for women?
While a maximum sentence of two years in prison sounds strict, campaigners are cautiously optimistic about the day-to-day impact. Georgia Theodoulou from Our Streets Now highlights that while the law is a massive victory, there are still real-world hurdles.
“It’s only come into force today, so we don’t know practically how this will look out in the streets,” she notes, acknowledging the “strong feelings of distrust” many women currently have towards the police. Plus, as she realistically points out: “I highly doubt if a man catcalls someone in the street they’ll actually get two years in jail.”
Ultimately, legal reform is only half the battle. “It took us 7 years to change the law, but sadly I think it will take a lot longer to change the culture,” Theodoulou says, highlighting that this is the real change that is needed. “This is a good step forward… but it’s nowhere near enough and we cannot legislate our way out of misogyny or any form of discrimination – which is why we’re hoping to take the momentum from the law change into our preventative education work.”
 Jennifer Savin is Cosmopolitan UK’s multiple award-winning Features Editor, who was crowned Digital Journalist of the Year for her work tackling the issues most important to young women. She regularly covers breaking news, cultural trends, health, the royals and more, using her esteemed connections to access the best experts along the way. She’s grilled everyone from high-profile politicians to A-list celebrities, and has sensitively interviewed hundreds of people about their real life stories. In addition to this, Jennifer is widely known for her own undercover investigations and campaign work, which includes successfully petitioning the government for change around topics like abortion rights and image-based sexual abuse. Jennifer is also a published author, documentary consultant (helping to create BBC’s Deepfake Porn: Could You Be Next?) and a patron for Y.E.S. (a youth services charity). Alongside Cosmopolitan, Jennifer has written for The Times, Women’s Health, ELLE and numerous other publications, appeared on podcasts, and spoken on (and hosted) panels for the Women of the World Festival, the University of Manchester and more. In her spare time, Jennifer is a big fan of lipstick, leopard print and over-ordering at dinner. Follow Jennifer on Instagram, X or LinkedIn.