Stalking Laws

Stalking is a course of directed violence to a person that would cause them to feel fear. This includes seeking and obtaining the person's personal information in order to contact them; e.g. looking for their details on computers, electoral rolls, personal files and other material with the person's personal details without their consent. Personal details include their date of birth, marital status, home address, email address, telephone number (landline and mobile), where they work, or which school, college or university they go to; and personal information on their family and friends and any other sensitive and confidential information (e.g. medical conditions and disabilities etc.)


LAWS ON STALKING

United States

The first state to criminalize stalking in the United States was California in 1990 due to several high profile stalking cases in California, including the 1982 attempted murder of actress Theresa Saldana, the 1988 massacre by Richard Farley, the 1989 murder of actress Rebecca Schaeffer, and five Orange County stalking murders also in 1989. The first anti-stalking law in the United States, California Penal Code Section 646.9, was developed and proposed by Municipal Court Judge John Watson of Orange County. Watson with U.S. Congressman Ed Royce introduced the law in 1990. Also in 1990, the Los Angeles Police Department (LAPD) began the United States' first Threat Management Unit, founded by LAPD Captain Robert Martin.

Within three years thereafter, every state in the United States and some other common-law jurisdictions followed suit to create the crime of stalking, under different names such as criminal harassment or criminal menace. The Driver's Privacy Protection Act (DPPA) was enacted in 1994 in response to numerous cases of a driver's information being abused for criminal activity, examples such as the Saldana and Schaeffer stalking cases. The DPPA prohibits states from disclosing a driver's personal information without consent by State Department of Motor Vehicles (DMV). The National Defense Authorization Act for Fiscal Year 2006 made stalking punishable under the Uniform Code of Military Justice (UCMJ). The law took effect on 1 October 2007. This law brings the UCMJ in line with federal laws against stalking. Laws against stalking in different jurisdictions vary, and so do the definitions. Some make the act illegal as it stands, while others do only if the stalking becomes threatening or endangers the receiving end. In England and Wales, liability may arise in the event that the victim suffers either mental or physical harm as a result of being stalked (see R. v. Constanza). Many states in the US also recognize stalking as grounds for issuance of a civil restraining order. Since this requires a lower burden of proof than a criminal charge, laws recognizing non-criminal allegations of stalking suffer the same risk of abuse seen with false allegations of domestic violence.


United Kingdom

In England, stalking was criminalised by the enactment of the Protection from Harassment Act 1997, which came into force on 16th June 1997. It makes it a criminal offence, punishable by up to six months imprisonment, to pursue a course of conduct which amounts to harassment of another on two or more occasions. The court can also issue a restraining order, which carries a maximum punishment of five years imprisonment if breached. Already before the enactment of the Act, the Malicious Communications Act 1998 and the Telecommunications Act 1984 criminalised indecent, offensive or threatening phone calls and the sending of an indecent, offensive or threatening letter, electronic communication or other article to another person.

In Scotland, provision is made under the Protection from Harassment Act against stalking. It is not a criminal offence, however, but falls under the law of delict. Victims of stalking may sue for interdict against an alleged stalker, or a non-harassment order, breach of which is an offence.


Canada

Section 264 of the Criminal Code of Canada, titled "criminal harassment" addresses acts which are termed "stalking" in many other jurisdictions. The provisions of the section came into force in August of 1993 with the intent of further strengthening laws protecting women. It is a hybrid offence, which may be punishable upon summary conviction or as an indictable offence, the latter of which may carry a prison term of up to ten years. Section 264 has withstood Charter challenges.


China

In China, stalking has been expressly forbidden since 1987 (now replaced by a new law, with similar substance), as in the context of organised crimes suppression, under Macau's laws.


Japan

In 2000, Japan enacted a national law to combat this behaviour, under the effect of Shiori Ino murder. Acts of stalking can be viewed as "interfering [with] the tranquility of others' lives", and are prohibited under petty offence laws.


EXTERNAL LINKS

Stalking Resource Center -- National Center for Victims of Crime

Resources for Victims of Stalking (stalkinghelp.org)

The Australian Anti-stalking Website

Stalking and Domestic Violence

Stalking -- Sexual Harassment Support

Stalk Victims Information Service (stalkvictims.info)

Stalking Behavior, Definitions, Resources, and Links (stalkingbehavior.com)

Stalking Victims Sanctuary (stalkingvictims.com)