Prohibiting sexual harassment in criminal law is a useful addition to the national legal response, but it can also be limiting for those who experience sexual harassment if it is the only route for redress. Criminal law often requires a higher burden of proof and carries higher penalties, which can deter reporting. Criminal law prohibitions also limit employers’ liability and do not create obligations for employers to prevent or respond to sexual harassment, which other forms of laws and policies can accomplish.

For more information, see for example, the sexual harassment section (3.4) under “Drafting Specific Legislation on Violence against Women and Girls” (part 3) in the legislation area of the UN Women Virtual Knowledge Centre to end Violence against Women and Girls: https://www.endvawnow.org/en/articles/2-introduction.html