Sexual harassment covers a wide range of behaviours, but not all of them are criminal offences. In many cases, harassment is handled as a civil matter under the Equality Act 2010, particularly in workplaces. However, some actions can lead to prosecution under the Sexual Offences Act 2003, the Criminal Justice Act or the Protection from Harassment Act 1997.

Whether a person can go to jail for sexually harassing someone depends on the circumstances. If the behaviour involved physical contact, sexual comments or conduct of a sexual nature that caused fear or distress, the Crown Prosecution Service (CPS) may decide to pursue criminal charges. If the harassment is considered to be part of a more serious offence, such as sexual assault or child sexual abuse, then the penalty - and prison sentence - will likely be more severe.

This article explains when sexual harassment can become a criminal offence, the possible sentences and what steps to take right now if you are being accused, investigated or charged.

When does sexual harassment become a criminal offence?

Sexual harassment is commonly associated with unwanted behaviour in workplaces, social settings or personal interactions. Under the Equality Act 2010, it is defined as unwanted conduct of a sexual nature that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

• Workplace harassment is usually handled through employment tribunals, not the criminal justice system. A police investigation and potential prison sentence only come into play when the behaviour breaches criminal law. This can happen if:
• There was physical contact, such as groping or forced touching.
• The behaviour involved sexual comments or threats that caused distress.
• Someone was repeatedly contacted or followed after making it clear they did not want further contact.
• The behaviour escalated to sexual assault, which is a criminal offence under the Sexual Offences Act 2003.
• The alleged conduct involved child sexual abuse, which is always considered a criminal offence.

Even if you didn’t intend to cause harm, your actions could still be interpreted as harassment or a criminal offence. The CPS looks at how the behaviour was perceived, not just the intent, so it's vital to have an experienced solicitor on your side to make sure your version of events is properly heard, and any misinterpretations are vigorously challenged.

Can you go to jail for sexual harassment?

Some forms of sexual harassment are considered a criminal offence and can lead to imprisonment. In such cases, the CPS considers factors such as intent, the person’s consent and whether there was physical contact, when deciding whether to pursue charges. The potential sentence will depend on the specific offence:

• Sexual assault: intentionally touching someone in a sexual manner without their consent carries a maximum sentence of 10 years' imprisonment.
• Indecent exposure: showing one’s genitals in a way that is intended to be seen and is likely to cause alarm or distress can result in up to 2 years' imprisonment.
• Stalking involving fear of violence: engaging in a course of conduct that causes the victim to fear violence can lead to a maximum of 10 years' imprisonment.
• Controlling or coercive behaviour: in intimate or family relationships, this offence carries a maximum sentence of 5 years' imprisonment.
• Child sexual abuse offences: engaging in sexual activity with a minor is a serious offence, with some cases carrying a maximum sentence of life imprisonment.

A conviction doesn’t always mean prison, but the consequences can still be serious - fines, restraining orders or community service will impact your life. If you’re facing allegations, acting fast is critical. Legal representation can protect your future, challenge misinterpretations and build the strongest possible defence.

What should you do if you’ve been accused of sexual harassment?

If you are worried that a complaint may have been made against you, or have already been interviewed by the police, it’s natural to feel uncertain about what happens next. Even an informal police interview or investigation can have serious consequences for your reputation and future. If you find yourself in this situation, you need to act quickly:

• Seek legal advice: whether the matter is being handled through employment law or the criminal justice system, you should consult with a solicitor experienced in defending against these kinds of charges. We will be able to protect your rights, scrutinise the evidence and prepare a robust defence.
• Gather evidence: collect any relevant communications, such as emails or messages that may clarify events.
• Avoid retaliation: do not contact the accuser or attempt to resolve the issue informally. Any actions that could be perceived as coercive or retaliatory may worsen your situation.
• Follow workplace procedures: if the allegation has been made in a professional setting, comply with your employer’s investigation process. Cooperate where necessary but seek legal advice before making statements that could be used against you.

Remember, being accused does not mean you are guilty, but how you handle the situation will make a significant difference in the outcome. Taking early legal action will make sure your side of the story is properly considered.

What would be considered aggravating factors for sexual harassment?

The court looks at certain factors that can influence the severity of the sentence:

• Previous convictions: especially if they are of a similar nature or relevant to the current offence.
• Offence committed while on bail: this can be seen as a disregard for legal obligations.
• Targeting a vulnerable victim: the court will push for a harder sentence if the person involved is considered particularly at risk, such as being very young, elderly, or having a disability.
• Use of a weapon: any object used to threaten, intimidate or cause harm can lead to a harsher penalty.
• Planning or premeditation: if the offence was deliberate rather than impulsive, it may be treated more seriously.
• Abuse of a position of trust or authority: exploiting a role of responsibility or power over another person can be an aggravating factor.
• Impact on the victim: evidence of significant physical or psychological harm may result in a more severe sentence.

If any of these factors apply, the likelihood of a tougher sentence will be higher. However, with strong legal representation, you can explore every possible way to challenge how these factors are applied and present mitigating circumstances that could reduce the penalty - or even have the case dismissed entirely.

What mitigating factors would a judge take into consideration?

Mitigating factors are circumstances that can reduce the severity of a sentence. The Sentencing Council outlines several common mitigating factors, including:

• No previous convictions: a clean criminal record can indicate that the offence is out of character.
• Remorse: genuine expression of regret and apology for the offence.
• Age and/or lack of maturity: particularly relevant for younger offenders who may not fully comprehend the consequences of their actions.
• Mental health conditions: a person was experiencing a mental disorder or had a learning disability at the time of the offence, particularly one that affected their judgement or behaviour.
• Cooperation with authorities: assisting the investigation or admitting guilt at an early stage.
• Evidence of rehabilitation efforts: taking steps to address behaviour, such as attending counselling or therapy.

At Tyler Hoffman, our solicitors will work with you to establish and demonstrate all the possible mitigating factors that apply to your case - and make sure they are clearly presented in court to maximise your chances of a fair sentence.