Act 1997 (amended by the Protection of Freedoms Act 2012). These offences require
that a course of conduct, which means on at least two occasions (including speech
and online harassment), amounting to harassment or stalking, has taken place.
Harassment is prohibited, although not defined, but includes causing the other
person alarm or distress. The Act gives examples of stalking behaviour, such as
following, watching, spying, monitoring use of electronic communications,
interfering with another’s property, publishing material relating to a person or
purporting to originate from a person. The Act further provides the offences of
putting people in fear of violence, and stalking which puts a person in fear of violence
or causes serious alarm or distress which has a substantial adverse effect on his or her
usual day-to-day activities.
Harassment under the Equality Act 2010
Under the Equality Act 2010, harassment is unwanted behaviour which makes a
person feel offended, intimidated or humiliated. It is unlawful (in civil law) if it
occurs because of, or connected to, one or more of the following protected
characteristics:
age
disability
gender reassignment
race
religion or belief
sex
sexual orientation
marriage and civil partnership
pregnancy and maternity
‘Revenge porn’
‘Revenge porn’ is defined as disclosing private sexual photographs and films with
intent to cause distress, and is a criminal offence under section 33 of the Criminal
Justice and Courts Act 2015. It is an offence to share private sexual photos or film of
another without their consent and with the intention of causing that person distress.
Domestic violence
No specific offence of domestic violence or domestic abuse exists in English or Scots
law. However, many behaviours which are manifested as part of an abusive
relationship may in themselves be criminal law offences including sexual offences.
Domestic violence is defined by the government as ‘any incident or pattern of
incidents of controlling coercive or threatening behaviour, violence or abuse between
those aged 16 or over who are or have been intimate partners or family members,
regardless of gender or sexuality. The abuse can encompass, but is not limited to:
1. psychological
2. physical
3. sexual
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