Kara Sears
In the UK, the terms 'harassment', 'intimidation', and 'abuse' are often used interchangeably, and harassment can include verbal abuse, bullying, jokes, gestures, mimicry, and pranks. Under the Protection from Harassment Act 1997, harassment is defined as behaviour that causes alarm or distress, and it is an offence for a person to engage in such behaviour. This can include stalking, coercion, and discrimination, and it is not dependent on the motive or intention of the harasser. If you are experiencing harassment, you can take action, such as seeking legal advice, applying for an injunction, or taking the harasser to court.
| Characteristics | Values |
|---|---|
| Number of occurrences | The behaviour must occur on more than one occasion but it does not have to be the same kind of behaviour on each occasion |
| Nature of behaviour | Verbal abuse, bullying, jokes, making faces, stalking, threatening, monitoring, controlling, impersonating, physical attacks, sexual assault, coercion, blackmail, extortion, physical and sexual assaults, etc. |
| Emotional impact | The behaviour should cause alarm, distress, humiliation, fear, or anxiety |
| Intention | The intention of the perpetrator is not considered, but the behaviour is often intended to cause a person alarm or distress or to violate an individual's dignity or create a hostile environment for the victim |
| Discrimination | If the harassment was done on the grounds of race, disability, sex, sexual orientation, belief, or religion, it is considered discrimination under the Equality Act 2010 |
| Legal remedies | The court can order an injunction, award compensation, or damages, and impose a jail sentence of up to six months or five years in very serious cases |
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What You'll Learn
Stalking and harassment
Online stalking or harassment is when someone monitors, stalks, harasses, threatens, controls, or impersonates another person using the internet or other technology. The repeated, unwanted attention can have a serious impact on the victim's physical or mental health, as well as their day-to-day life. Some victims have had to make significant changes to their daily lives, such as changing jobs or moving house.
Harassment is defined as behaviour that is intended to cause alarm or distress to another person. It can include a wide range of behaviours, such as verbal abuse, bullying, jokes, making faces, posting comments on social media, and non-verbal conduct. It is important to note that the conduct must be unwanted by the recipient, but it does not require the harasser to have the intention to harass.
Harassment can also occur in the workplace when an employer or their agent, such as a manager or colleague, engages in unwanted conduct that violates an individual's dignity or creates a hostile or humiliating environment. In such cases, both the individual harasser and the employer are legally responsible.
If you are experiencing stalking or harassment, it is important to know that you are not alone and support is available. You can report it to the police, who will be able to explain if an offence has been committed and advise you on the next steps. Additionally, there are organisations that can provide advice and help if you are not ready to report it to the police.
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Online stalking or harassment
Stalking and harassment are considered crimes in the UK under the Protection from Harassment Act 1997, the Crime and Disorder Act 1998, and the Stalking Protection Act 2019. These laws protect individuals from repeated and unwanted behaviour that makes them feel scared, distressed, or threatened. Online stalking or harassment is a form of these crimes that involves the use of the internet or other technology to monitor, stalk, harass, threaten, control, or impersonate another person.
To be considered online stalking or harassment in the UK, the behaviour must occur at least twice and cause the victim to feel distressed, humiliated, threatened, or fearful of further violence. The repeated unwanted attention can have a serious impact on the victim's physical or mental health, as well as their daily life. In some cases, victims may need to make significant changes, such as changing jobs or moving houses.
If you believe you are being stalked or harassed online, it is important to report it to the police. You can do this by calling 101, using their online service, or visiting a police station. It is also crucial to gather and present any evidence you may have, such as logs of incidents with dates, times, and details of what happened. Additionally, there are other organisations that can provide advice and support if needed.
The legal system takes stalking and harassment offences seriously, and perpetrators can face severe consequences. If found guilty, stalkers can face up to 10 years in prison and additional restraining orders. Breaching these restraining orders can result in further prison time. The police and legal system also work to address safety concerns and provide support to victims throughout the process.
It is important to remember that online stalking and harassment are serious issues, and you should not hesitate to seek help and protection if you feel unsafe or distressed due to someone's unwanted behaviour towards you.
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Abuse, intimidation and coercion
In the UK, the terms 'harassment', 'intimidation', and 'abuse' are often used interchangeably due to the overlap in victims' experiences. Abuse can be defined as a single or repeated act of physical, verbal, or psychological violation of an individual's human and civil rights. This can include physical, psychological, or sexual assault, theft, fraud, and gender and racial discrimination.
Intimidation is defined as "words and/or behaviour intended or likely to block, influence or deter participation in public debate or causing alarm or distress which could lead to an individual wanting to withdraw from public life". This can include verbal abuse, physical attacks, stalking, threats of harm, sexual harassment or assault, and other threatening behaviours.
Coercion is a form of intimidation and harassment and is defined as the action of forcefully persuading or threatening an individual to act in a certain way. This can include blackmail, extortion, threats, or physical and sexual assaults. Coercive control, which is a criminal offence in England and Wales, involves a pattern of behaviour intended to make the victim feel isolated and dependent on their abuser, and can include threats, intimidation, humiliation, and assault. It is often at the heart of domestic abuse.
The Protection from Harassment Act 1997 indicates that someone's actions amount to harassment when they cause the victim to feel distressed, humiliated, threatened, or fearful of further violence. This can include online harassment, where an individual is monitored, stalked, threatened, or impersonated using the internet or other technology.
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Discrimination and protected characteristics
In the UK, it is illegal to discriminate against anyone because of their sex, religion, disability or certain other personal characteristics, known as 'protected characteristics'. The Equality Act 2010 outlines nine characteristics that are protected by law:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Discrimination means treating someone 'less favourably' than someone else because of one of these protected characteristics. This can put someone with a protected characteristic at a disadvantage compared to someone who does not have that characteristic. For example, in the case of pregnancy and maternity, discrimination means treating someone 'unfavourably', regardless of how someone else is treated.
Discrimination can also occur in the form of indirect discrimination, where everyone is treated the same, but people with a protected characteristic are put at a disadvantage. For instance, an employer may have a policy that applies to everyone but that puts a disabled person at a disadvantage. This could be disability discrimination.
Harassment is also unlawful under the Protection from Harassment Act 1997. Harassment is defined as unwanted or offensive behaviour related to a protected characteristic. This can include physical, verbal or psychological acts that violate an individual's human and civil rights, such as stalking, threats, or sexual assault. Harassment can have serious impacts on a person's physical and mental health and day-to-day life.
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Legal remedies and sentencing
In the UK, harassment is unlawful under the Equality Act 2010. It is also an offence under the Protection from Harassment Act 1997. Harassment is defined as behaviour that makes someone feel intimidated, distressed, humiliated, or fearful. This can include stalking, which is a form of harassment that involves repeated unwanted behaviour that causes the victim to feel scared or distressed. Online stalking or harassment is also an offence, where the perpetrator uses the internet or other technology to monitor, stalk, harass, threaten, control, or impersonate another person.
If you are being harassed, there are several legal remedies available to you. You can take legal action, especially if the harassment is discrimination under the Equality Act 2010. If it is not discrimination, you may still be able to take the harasser to court. In the case of workplace harassment, employees are advised to try and sort out the problem informally first and then follow their employer's grievance procedure to make a formal complaint if necessary.
If you are experiencing stalking or harassment, you can report it to the police. The police will be able to advise you on whether an offence has been committed and what legal options are available to you. You can also seek support from organisations such as domestic abuse organisations or the National Stalking Helpline.
In terms of sentencing, harassment is a criminal offence and can result in imprisonment, fines, or both. The specific penalties vary depending on the nature and severity of the offence, as well as the jurisdiction under which it is prosecuted. For example, in the US state of Minnesota, a person found guilty of stalking may face up to ten years in prison and a fine of up to $20,000.
It is important to note that the information provided here is general in nature and may not cover all aspects of the law. For specific legal advice and guidance on your rights and options, it is recommended to consult a legal professional or seek assistance from organisations that specialise in supporting victims of harassment and stalking.
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Frequently asked questions
Under the Protection from Harassment Act 1997, harassment is defined as behaviour that causes alarm or distress. This includes stalking, which is a form of harassment that involves repeated unwanted behaviour that makes the victim feel distressed or scared. Harassment can be committed by a single act or repeated physical, verbal, or psychological acts that violate an individual's human or civil rights.
Harassment can include verbal abuse, bullying, jokes, making faces, posting comments on social media, coercion, and intimidation. It can also include non-verbal conduct and does not necessarily require the harasser to have a motive or intention to harm.
If you are being harassed, there are several options available to you. You can seek legal advice, report the incident to the police, or raise the issue with your employer if the harassment is occurring in the workplace. You may also be able to take the harasser to court and seek compensation or an apology.
Harassment is a criminal offence under the Protection from Harassment Act 1997. Those found guilty of harassment can face a jail sentence of up to six months or a fine. There are also civil remedies available, such as awarding damages and restraining orders backed by the power of arrest. Employers may also be held vicariously liable for harassment committed by their employees.
