Heaney Watson News
15/02/2012
Anti Stalking Inquiry
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On 7th February 2012 a 6 month anti stalking inquiry reported that the English Criminal Justice System is failing victims of Stalking.
Currently in England Wales there is no legal definition of stalking nor is there legislation to protect from such behaviour. In contrast Scotland has had the benefit of robust stalking legislation since 2010. Following a number of high profile cases the multi agency inquiry was set up June 2011 to consider whether more could be done to protect victims.
Stalking describes a particular type of harassment such as long term persistent and repeated contact or attempts to contact the victim. When considering each contact or attempt to contact a victim in isolation they may seem harmless and innocent , however, when considered as a whole this behaviour can cause considerable alarm and distress.
Victims can seek assistance from the Police under the Protection from Harassment Act which criminalises harassment (causing alarm or distress and putting people in fear of violence). Harassment is not specifically defined and, therefore, victims may feel that not enough is done to protect them or stop the behaviour. Some victims may not even realise that this behaviour can be considered a criminal offence if there has been no physical assault.
The Crown Prosecution Service suggest that victims should keep a detailed record of all incidents including the time and date and that this should be done as soon as possible after each incident. The victim should also contact the Police to investigate the allegations. It is extremely important for victims to be aware that even when the Police do not intend to take any action this does not mean there are no other avenues of protection. Victims of harassment and stalking may be able to seek recourse through the civil Court for a Non Molestation or other injunction Order.
If you believe that you are the victim of stalking or harassment and wish to obtain further advice then please contact one of our specialise family lawyers for an appointment.
Jenni Palmer
TRAINEE SOLICITOR