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Harassment and StalkingMedia interest in stalking –
Cases happen all the time. January is national stalking awareness month.
Socio-legal understanding of it
What happens in universities
Where are harassment and stalking situated in law?
Pre 1990’s- no offence of harassment in criminal law
‘Harassment’ in criminal law came within the hierarchy of non-fatal offences against the
person-
(S18, S20, S47 OAPA 1861 and Battery and Assault)
Following Ireland [1998] AC 147 when HL decided silent telephone calls could in principle
amount to assault – the decided these could be – the law starts to say that harm may not be
just physical and is wider than that, perhaps there can be such psychiatric harm like a series
of silent phone calls – because the psychiatric harm that comes from it it can be classed as
violence.
We see harassment in other legal contexts too …
Common law trespass to person in tort (as well as civil action under S3 PHA)-
damages
Employment law- Equality Act 2010- Reminder from Legal Foundaions!
Landlord harassment
Police harassment
Racial, religious, disability, transgender, sexual orientation- hate crime- Elif next
week.
Sexual harassment in public places
Often situated in VAWG framework or within the Domestic Abuse framework
11,889 Stalking and Harassment prosecutions started in 2016-17. 71% of those relate to
domestic abuse.
What do we mean by harassment and stalking?
Harassment –
DICTIONARY- aggressive pressure or intimidation
CPS- unwanted and repeated behaviour
Stalking
DICTIONARY- illegally following or watching someone
CPS- no definition but give examples- watching, following, spying, forcing contact
The criminal law’s understanding –
Crime of persistence – not just a one-off thing
Unwanted -
Moving into the ‘Psycholegal’- looking at psychology and we’re looking at the legal side to it
too.
, Erotomania-de Clerambault’s syndrome – scientist identified this, which is where
somebody believes that someone else is in love with them so behave in this way.
Rejected Stalkers
Resentful Stalkers
Predatory Stalkers
Obsessionals
Violation of norms of relationships
When is the line between a romantic gesture and stalking crossed –
One incident = innocent
Course of conduct = cause for alarm
Persistent conduct + effect on victim
‘…the legislation was always intended to tackle stalking but the offences were drafted to
tackle any form of persistent conduct which causes another person alarm or distress’
(HO Circular 018/2012)
It is the unrelenting repeat behaviour by the perpetrator …which seems inescapable and
inevitable that has such a detrimental effect on the victim’
(HM CPS Inspectorate and HM Inspectorate of Constabulary Report)
What is the difficulty with criminalising harassment and stalking?
Relying on reporting by V
Need good evidence- need proof of the harassment/stalking
Need sensitive policing
Need support organisations for V
Harassment and stalking crimes are routinely badly handled. HM CPS Inspectorate
and HM Constabulary Inspectorate reviewed 112 cases and found that none were
handled well. Police found it difficult to separate harassment and stalking. Absence
of consistent definition of stalking ‘…is very significant contributory factor in the
unacceptably low number of recorded crimes and prosecutions.’
Overuse of PIN- informal
‘POLICE INFORMATION NOTICE’- issued to perpetrators. Warning saying that they will talk to
them. Over used!! Not policed well.
Why do we have laws against harassment and stalking?
They are violations of the right to be left alone
Article 5 and Article 8 ECHR
Regarded as serious wrongs that can cause considerable suffering
Crime is no longer conceptualised solely in term of physical harm or harm to
property
1:5 women and 1:10 men over 16 victims or have been victims of harassment or
stalking
Early intervention
Murder in slow motion
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