Can you go to jail for sexually harassing someone? In Ontario, jail is possible only if the alleged facts support a specific criminal offence; there is no single Criminal Code offence called “sexual harassment.” The actual conduct, the evidence, and any charge police lay matter far more than the label used in a workplace complaint or conversation.

In Canada, sexual harassment is not a term that is used. Instead, the term used is known as criminal harassment.

— Jeffrey I. Reisman, criminal defence lawyer

That statement needs an important distinction. Sexual harassment is a recognized term in Ontario workplace and human-rights law, but the Criminal Code of Canada does not create a single offence called “sexual harassment.” Criminal harassment is a separate Criminal Code offence with its own legal elements.

Can you go to jail for sexually harassing someone?

Yes, a person can face jail if the alleged conduct amounts to a Criminal Code offence and the case results in a conviction. But a sexual-harassment allegation by itself does not automatically mean a criminal charge, a conviction, or jail.

Conduct described as sexual harassment may lead to a workplace investigation, a school complaint, or a human-rights issue without becoming a criminal case. On the other hand, allegations involving threats, repeated unwanted contact, stalking, unwanted sexual touching, or sexual images may lead police to investigate possible offences.

For example, a supervisor who makes repeated sexual jokes at work after being told to stop may face an internal workplace investigation and discipline. If that supervisor also sends threatening messages after work, follows the employee home, or repeatedly contacts them in a way that causes fear for safety, police may assess whether a criminal charge is supported.

Why the label matters: sexual harassment is not one criminal charge

Police and Crown counsel do not charge someone simply with “sexual harassment.” They assess whether the evidence supports a particular Criminal Code offence, while employers, schools, and professional bodies may use the broader term “sexual harassment” in their own policies.

This distinction does not make a non-criminal complaint insignificant. An allegation can lead to suspension, dismissal, restrictions at school, professional discipline, or a human-rights application even if police do not lay a charge.

The exact allegation should therefore be read carefully. Words such as “harassment,” “stalking,” “threats,” “assault,” and “unwanted touching” can describe very different facts and legal issues. If an allegation includes a threat, obtaining advice from an uttering threats defence lawyer in Toronto may be relevant before speaking with police.

When alleged conduct may become a criminal matter

Alleged conduct may become a criminal matter when it fits the elements of a specific offence under the Criminal Code. The facts, communications, relationship between the people involved, and whether there is evidence such as messages, video, witnesses, or digital records all matter.

• Repeated unwanted communications or following: Repeated texts, calls, social-media messages, watching a person’s home, or following them may raise criminal-harassment concerns if the legal requirements are met.
• Threats: A message threatening death, bodily harm, property damage, or harm to an animal may be investigated as uttering threats.
• Unwanted sexual touching: Touching someone in a sexual way without consent may lead to an allegation of sexual assault.
• Sexual material: Sending, displaying, recording, or sharing sexual material can create criminal issues depending on what was sent, to whom, whether consent existed, and other circumstances.

Criminal harassment under section 264 of the Criminal Code can include repeated communications, watching or following someone, besetting a place where they are present, or threatening conduct, where the required mental element and reasonable fear for safety are proven. It is not a catch-all term for every rude, inappropriate, or unwelcome sexual comment. For more on how a criminal-harassment allegation can affect sentencing, court conditions, and the process, see the firm’s discussion of is sexual harassment a crime.

Consider someone who sends 12 unwanted messages over two weeks after a former dating partner says not to make contact, then waits outside that person’s apartment building. Police may collect the messages, speak with witnesses, and decide whether a specific charge is justified. The possible outcomes can range from no charge being laid to criminal proceedings with release conditions and court appearances, depending on the evidence and alleged conduct.

Sexual harassment, criminal harassment, and sexual assault are different

Sexual harassment, criminal harassment, and sexual assault are different legal concepts. A person should not assume that a workplace label determines a criminal charge, or that an allegation of touching will be treated like a complaint about an unwelcome comment.

Sexual harassment

Sexual harassment commonly refers to unwelcome sexual comments, conduct, advances, or attention in a workplace, school, housing, service, or other human-rights setting. It may violate policy or human-rights law even when it does not establish a Criminal Code offence.

Criminal harassment

Criminal harassment is a specific offence, not another name for sexual harassment. It generally concerns prohibited conduct that causes a person reasonably to fear for their safety or the safety of someone known to them, with the other legal requirements under section 264 also needing to be proven.

Sexual assault

Sexual assault concerns intentional touching of a sexual nature without consent, assessed in the circumstances. An allegation involving unwanted touching should be treated as potentially much more serious than a workplace-policy complaint; a person in that position may need advice from a sexual assault lawyer before giving police a statement.

For the narrower question of whether sexual harassment itself is a crime, the answer is that the conduct must match an actual Criminal Code offence before criminal liability arises. A workplace finding and a criminal charge are separate processes with different legal tests.

What can happen without a criminal charge

An employer, school, regulator, or institution can investigate and impose consequences without waiting for police to lay a charge. A criminal charge is not required for an employer to address alleged misconduct under policy, although the employer must follow the process that applies to that workplace.

In Ontario, the Ontario Human Rights Code addresses discrimination and harassment based on protected grounds, including sex, and the Ontario Occupational Health and Safety Act requires employers to have workplace-harassment policies and programs. A complaint may lead to interviews, document review, interim no-contact directions, a transfer, suspension, discipline, or dismissal.

For federally regulated workplaces, the Canadian Human Rights Act and processes involving the Canadian Human Rights Commission may be relevant. The Ontario Human Rights Tribunal deals with applications under Ontario’s Human Rights Code. People seeking remedies as complainants or advice about employment and human-rights obligations should obtain employment or human-rights advice in addition to criminal-defence advice where police are involved.

What to do if you are accused or contacted by police

Do not contact the complainant, delete messages, or try to explain away the allegation directly. Do not discuss the facts with potential witnesses, and obtain criminal-defence advice before agreeing to a police interview or giving a statement.

1. Preserve relevant material. Save messages, emails, call logs, calendars, screenshots, social-media records, and other communications in their original form. Do not alter, edit, or selectively delete material.
2. Write a private chronology. Record dates, times, locations, names, and the sequence of events while your memory is fresh. Give it to your lawyer rather than circulating it to coworkers or friends.
3. Follow all directions. Comply with a release order, undertaking, bail condition, workplace no-contact direction, or school direction. Even indirect contact through friends or social media can create additional problems.
4. Get advice before responding. Police may ask to “hear your side.” You can ask whether you are detained, whether you are being charged, and whether you may speak with counsel before deciding how to respond.

What happens after a criminal allegation is made

After a criminal allegation is made, police may gather statements, review messages or other digital evidence, seek video, and decide whether there are grounds to lay a specific charge. If charged, a person may be released with conditions or held for a bail hearing, followed by court appearances while the case proceeds.

The complainant’s wishes may be considered, but they do not alone determine whether police lay a charge or whether the prosecution continues. The Crown, not the complainant, makes prosecution decisions after a charge has been laid.

A person should not assume that an apology, explanation, or request to withdraw a complaint will end the matter. Direct contact can be unwelcome, can breach conditions, and can become evidence in either a workplace investigation or a criminal case.

Frequently asked questions about sexually harassing someone

Can one text message lead to jail?

One text message does not automatically lead to jail, but a single message can be serious if it contains a threat or otherwise supports a particular criminal allegation. Context matters, including the wording, prior communications, the relationship, and what the recipient understood it to mean.

Can I be fired even if I am not charged?

Yes. An employer can investigate an alleged breach of workplace policy and may impose discipline even where there is no criminal charge or conviction.

Should I apologize or contact the complainant?

Do not contact the complainant to apologize, explain, negotiate, or ask them to retract the allegation without legal advice. Contact may violate a condition, be viewed as pressure, or make the situation worse even if your intention is to resolve it.

What if the allegation involves touching?

An allegation of unwanted sexual touching can raise sexual-assault concerns and should be treated urgently. Do not try to obtain statements from the other person or witnesses; preserve relevant information and seek legal advice before speaking to police.

Why should I speak with a lawyer before talking to police?

What you say to police can become evidence, and a lawyer can explain the allegation, your rights, and the consequences of providing a statement. For answers to broader process questions, review the general criminal law faq.

Speak with a Toronto criminal defence lawyer

When an allegation involves police contact, threats, repeated communications, or unwanted touching, early legal advice can help you understand the allegation and avoid steps that may create further risk.

Call 647-351-HELP (4357) or book a free consultation to discuss your case with Jeffrey I. Reisman.