The Civil Wrong of Harassment – A criminal offense and civil wrong under UK law
What is Harassment?
The Protection from Harassment Act 1997 (“the Act”) does not precisely define what harassment is, but does confirm that it includes “alarming the person or causing the person distress”(Section 7(2) of the Act).
In R v Curtis 2010 it was established that the behaviour complained of must be oppressive, and not merely trivial. Examples of conduct that may amount to harassment include:
(1) persistent and unwanted contact, such as phone calls, emails or text/WhatsApp messages;
(2) verbal abuse or threat, including voice recordings; and
(3) repeated unwarranted approaches (in a personal or professional setting).
It is important to acknowledge that there must have been a “course of conduct” to establish harassment. This is defined in as “conduct on at least two occasions in relation to that person” (Section 7(3)(a) of the Act).
The Act does not state how much time needs to pass between each instance of harassment; this is decided on a case-by-case basis. In R v Patel 2004 it was established that the question is whether or not the instances are, “so connected in type and in context as to justify the conclusion that they amounted to a course of conduct.” The fewer the incidents and the longer the period of time between them, the less likely they will be considered as a “course of conduct” for the purpose of establishing harassment.
Lastly, the Act confirms that the test to be applied to the course of conduct is an objective one. This means that the perpetrators view of their conduct is immaterial. A person will be deemed to have known that the conduct amounted to harassment, “if a reasonable person in possession of the same information would think that the course of conduct amounted to or involved harassment of the other” (Section 1(2)).
Remedies
The law provides robust mechanisms to address and prevent harassment, balancing the rights of the victim with appropriate safeguards for the accused.
Claimants seeking remedies for harassment may pursue damages and injunctive relief. Damages can encompass compensation for the anxiety caused by the harassment as well as any financial losses incurred as a result. When assessing an application for an injunction, the court will evaluate the likelihood of future harassment, irrespective of past behaviour, as an injunction will only be granted if the need for it exists at the time of the hearing. A breach of an injunction issued for harassment is considered a criminal offence.
Tests and Remedies
Harassment is a serious matter that can profoundly impact an individual’s life. By establishing clear legal tests and offering remedies such as damages and injunctions, the Act empowers individuals to seek redress and prevent further harm. Understanding the requirements for proving harassment, such as the objective “reasonable person” test and the need for a course of conduct, is essential for navigating these claims. If you are experiencing harassment, early legal intervention can help protect your rights and achieve a resolution.
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