That, or he's like most guys who can't take hint. Just like guys who whistle at girls. It doesn't accomplish anything, but they do it anyway.

Well, it's gross, out of line, inappropriate, and impolite...but I don't think it counts as harassment. Although the fact that he stroked himself definitely puts it on the line.

Sexual harassment isn't a crime. Sexual assault is.

In the United States, there are laws against sexual harassment. I'm pretty sure that makes it a crime.

Jackass: There are no laws against sexual harassment explicitly. There are laws against sexual assault. There's a difference. If I come on to a coworker, that's sexual harassment and I can be disciplined/fired. But it's not a criminal matter. If I smack her ass, that's both harassment and assault. I can be fired, and then she can press criminal charges against me BECAUSE IT'S ASSAULT. If I'm a waiter, and I come on to a customer WITHOUT TOUCHING HER, it's harassment at best. I can (and probably should) be fired, but cannot be arrested...it's not illegal to hit on someone. The more you know -------------*

Dearest friend: It's considered a form of illegal discrimination. Yeah, it doesn't go to criminal court, so I guess it isn't literally a "crime". But it's not legal. Learn more: http://www.eeoc.gov/types/sexual_harassment.html

Esteemed Compatriot: The only thing I saw about legality was the bit at the end where they say it's illegal to retaliate. This applies directly to workplaces. Nowhere else was legality mentioned. Sexual harassment is an employment issue, sexual assault is a legal issue. You can't be arrested for sexual harassment unless your act ALSO qualifies as sexual assault. Google all you want - it doesn't make you a lawyer.

Wise and Noble Barrister: It is in violation of the 1964 Civil Rights Act. No, they don't arrest you for it. However, it qualifies as a tort, which is why people can sue for compensation. The legality issue is made more explicit here: http://www.expertlaw.com/library/employment/sexual_harassment.html

Most Honorable Internet Scholar: Thank you for the fascinating reading material. However, the 1964 act *appears* to apply to workplace conduct; i.e., the plaintiff, and the defendant, both employed at the same establishment. Therefore, in this particular case, OP would have no recourse against the waiter, nor the establishment, as she was not an employee of the restaurant but merely a customer. In any case, the 1964 act would still not apply if the restaurant had fewer than 15 employees. Furthermore, it appears that the only recourse for a sexual harassment offense, at least one which does not also qualify under criminal statutes as sexual battery or assault) is termination or suspension by the employer. Criminal prosecution and sentencing are not part of the process, unless, again, the act also qualifies as battery, assault, or stalking. So, in conclusion to our research into the original question, to wit: "Is sexual harassment a crime?"...we may be able to answer: "Well, sort of..."

My dear sir (pardon the assumption you are male if you are not): Your conclusions are hereby found by me most agreeable.

THIS MADE MY DAY! The conversation between you two, that is. It was much more amusing than the FML.