What is Stalking?
Originally used to describe to animal hunting behaviour.
- Appropriated to mean those who pester, harass, intimidate, or interfere with the
lives of others.
Definitions usually emphasise:
- “…persistent attempts to impose on another person unwanted communication
or contacts….” (Mullen, Pathe & Purcell, 2000, p.454)
- “…which induces fear or concern for safety of the individual” (Cupach &
Spitzberg, 1998, p.2)
General consensus that behaviours must be repeated at least twice (e.g. Meloy &
Gothard, 1995)
Sum of acts – rather than individual acts – that is harmful
“Harassment and stalking are crimes of persistence. It is the unrelenting repeat
behaviour by the perpetrator experienced in its totality, which seems inescapable
and inevitable, that has such a detrimental effect on the victim” (HMIC & HMCPSI,
2017)
How do Stalking + Harassment Differ?
‘Stalking’ and ‘harassment’ used interchangeably in popular discourse
- Though separate offences in PHA 1997
Stalking usually considered an extreme form of harassment that causes severe harm
(Sheridan & Davies, 2004)
- Also known as obsessional following, or obsessional pursuit
Hard to distinguish - College of Policing (2019, p.1) definitions:
Stalking:
- “pattern
of
, unwanted, fixated and obsessive behaviour which is intrusive. It can include
harassment that amounts to stalking or stalking that causes fear of violence or
serious alarm or distress.”
Harassment:
- “unreasonable and oppressive behaviour that is repeated and may cause alarm
or distress or fear of violence in the victim”
Is Stalking a New Problem?
Roman law (550AD): “…it is prohibited to inflict injury or cause hindrance by
following a boy, girl or married woman” (Sheridan & Davies, 2004: 198)
De Clerambault (1927): ‘psychose passionelle’.
- Mostly relates to females and person above social status.
DSM-III-R (published 1987) first recognised ‘erotomania’.
- Delusions of unrequited love (cited in Sheridan & Davies, 2004)
John Fowles (1963): debut novel “The Collector”
British media labelled stalking “the crime of the 1990s” (Daly, 1996):
- Fatal Attraction (1987); The Bodyguard (1992); Single White Female (1992);
Eminem – Stan (2000)
- Jill Dando supposedly murdered by stalker Barry George in 1999
In 1990s, campaign groups raised awareness re. victims of intimate partner stalking,
evoking public concern
- Number of prosecutions increased (albeit under different legislation)
Protection from Harassment Act introduced 1997
- Max custodial sentence = 5 years (or 7 if religiously/racially motivated)
Strategy to End Violence Against Women and Girls introduced in 2010 – and
extended until 2024 – included reducing stalking as a target
Stalking introduced as a specific offence in 2012 (amendment to PHA)
- Max custodial sentence = 5 years
In 2017, max custodial sentences for S & H increased to 10 years (or 14 if
racially/religiously motivated harassment)
Stalking Protection orders introduced in 2019
- Gracie’s Law debated in parliament two
Prevalence + Trends: Police Records
Previously counted as ‘violence without injury’
- Separate ‘stalking and harassment’ classification introduced in 2014
Combined figure for stalking and harassment (ONS, 2022)
- In year ending Sept 2021, 690,929
- 25% increase on previous 12 months
As reported in HMIC & HMCIP (2017) - in year to December 2016:
- 202,775 police recorded harassment (52% increase)
- 4,613 stalking (23% increase)
Changes to Counting and Principle Rule
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