Most of us are at least familiar with the concept of harassment. However, it’s one thing to have it in your general vocabulary, and quite another to understand the ins and outs of its legal definitions. There are a few different forms of harassment, and not all of them will involve physical contact.
Here, we explore one kind of harassment in particular – harassment without violence. Starting with a quick look at the legal definition and relevant acts, we move on to examples, sentencing, and finally how you might go about building a defence.
Should you be involved in a case of harassment without violence, it’s imperative that your research isn’t limited to these kinds of articles. You must reach out for expert advice from a qualified criminal defence solicitor, to make sure that you’re able to navigate what can be a complicated process as best as you can.
Harassment legal breakdown
Legally speaking, harassment (and the related offence of stalking) is defined in the Protection from Harassment Act 1997. According to the act, someone is guilty of harassment without violence when their behaviour is conducted in a way that they intend to cause some kind of distress or alarm in the victim.
For it to count as harassment, that behaviour must be more than a single isolated event, but it does not have to have been the same kind of harassment in each of those events.
If the instance of harassment is motivated by the racial or religious identity of the victim, and thus considered a case of aggravated harassment, it may be dealt with using the Crime and Disorder Act 1998.
In these situations, the defendant will risk facing a larger sentence. The sentence also rises dramatically in situations where the harassment involves the threat or fear of violence, as we will see later on.
What might harassment without violence look like?
In the Protection from Harassment Act 1997, the definition provided is quite broad. To better understand what this definition covers, it’s important to look at some real-life examples, in both the ‘real’ and digital world. These could include:
- Making comments on social media over a prolonged period of time, either in comment sections or via direct message. These will have to be unwanted comments, and outside the realm of normal behaviour.
- Waiting around someone’s workplace or home, with the intention of confronting them or otherwise causing them to feel distress. This would have to be repeated, and fall outside of acceptable behaviour patterns.
- Consistently calling someone on their phone, despite demands from the victim that these calls stop. Again, to be considered harassment, these calls must be unnecessary in their regularity.
This is by no means an exhaustive list. Even if the behaviour you have experienced or participated in falls outside of these broad examples, it’s important to speak with a criminal defence solicitor about the matter.
Sentencing for harassment without violence
Despite the non-violent nature of this crime, it can still result in those who are found guilty facing serious legal repercussions. Should you be found guilty of the ‘normal’ offence, under the Protection from Harassment Act 1997, the sentencing guidelines state that you can face up to six months in prison.
If, however, the offence is deemed to be racially or religiously aggravated, then the sentencing maximum rises to two years’ custody.
In cases where the offence does involve the fear of violence, defined as harassment (putting people in fear of violence), then the sentencing maximum increases massively up to 10 years in prison. Where that offence is religiously or racially aggravated, the maximum further increases to 14 years in prison.
Clearly, the repercussions for non-violent cases are far lower than for those that do involve the fear of violence. This fact can have an impact on how you approach your defence, and will likely be something that you and your solicitor have to at least briefly consider.
When to reach out for legal advice
If you previously believed that harassment wasn’t a big deal, we hope that the sentencing guidelines outlined above have caused you to change your mind.
Harassment – even without violence – can be treated very seriously by the courts, and it’s imperative that you have access to appropriate legal counsel.
Even if you haven’t been formally charged with an offence, or made aware that you’re the subject of an investigation, if you have reason to believe that you may imminently find yourself in such a situation, it’s worth contacting a criminal defence solicitor.
They will be able to help ensure that the case doesn’t escalate, and if it does, provide you with the necessary advice and knowledge to navigate the situation as best you possibly can.
Building a defence
Unlike with many other criminal offences, there can be a certain amount of overlap between situations that are perfectly legal and situations that count as harassment without violence. As a result, a lot of defences will revolve around arguing that while the alleged behaviours did occur, they fell within the realm of legally acceptable activity.
It’s important to note that there is no single, textbook way of dealing with harassment cases and building defences. You will need to work together with your criminal defence solicitor, to find what kind of defence is most appropriate for you. The sooner you reach out for help, the longer you’ll have to build the perfect defence for your circumstances.
If you’re facing charges, we can help. Call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour). You can also contact our team at Ashcott Solicitors via our contact form. We will respond to you as soon as possible.
