Victims of Stalking
You may wish to visit the following links for additional guidance on stalking and harassment:
www.protectionagainststalking.org
If you are being stalked (or suspect you are) the following tips will assist with prosecution and will help to ensure your personal safety:
- If you think you are being stalked, phone or visit your local police immediately no matter how trivial the harassment may seem. This will enable them to record your complaint, log, monitor and build a profile of the offender. Ask for the name and number of the officer you see or speak to.
- If you think you are being stalking using the internet, click here to download Warning Signs of a Cyberstalker
- Keep a record of all events, telephone calls etc., noting as much detail as possible including time and date of incidents. Jotting everything down in a diary can be very useful.
- Try to get photographic or video evidence of your stalker’s actions.
- Do not throw away parcels or letters. Try to handle them as little as possible and if possible place them in paper/card envelopes to preserve them. (Not in plastic sleeves as moisture may mean fingerprints are lost). The police advise that you should read any mail you receive in case it contains threats or indecent/offensive language.
- Get to know your neighbours so that they can keep a record of sightings and notify you of anything they may see or notice. Inform work colleagues about the harassment so they will be able to support and protect you (i.e. prevent calls from reaching you and prevent your stalker from gaining access).
- Try to alter any daily routines, if possible ask friends to accompany you and always try to let someone know what your plans are and when they change. Do not carry anything which might be used against you as a weapon.
- Although it may be hard, try to show no emotion towards the stalker, do not confront them and do not agree to meet them.
- If you do come into contact, aim to get away and ideally into a busy public place.
- Consider carrying a personal alarm. This will give you greater confidence and in an emergency it can be used to shock and disorientate an attacker. An alarm can be ordered through the Trust online at www.suzylamplugh.org/shop or by calling 01736 336977
Summary of Protection from Harassment Act 1998 England and Wales
This Act was passed on 16 June 1997. This summary has been prepared by The Suzy Lamplugh Trust as a brief interpretation of the Act; however you will need to read the Act itself for a full explanation. Please refer to a solicitor to seek full legal advice.
Note that ‘he’ refers to ‘he or she’ and ‘him’ refers to ‘him or her’:
Putting people in fear of violence
If it can be proved that the accused has caused another person to fear, on at least two occasions, that violence will be used against this person, he is guilty of an offence if he knows that his course of conduct will cause the other so to fear on each of these occasions, or if a reasonable person would know this. This needs to be proved ‘beyond reasonable doubt’. He would then be liable for up to 5 years in prison, and can also have a restraining order applied to him. The restraining order will prohibit him from doing anything described by the order, and there is no maximum amount of time for the restraining order to apply- it could apply for life. The maximum penalty for breaking the conditions of this restraining order is an additional five years’ imprisonment.
Harassment of another
If a person pursues a course of conduct which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other, he is then liable for up to six months in prison, or to a fine, or both. A restraining order can also be applied to this person with the same conditions as above, i.e. a breach of the restraining order is punishable by up to five years in prison. ‘Conduct’ includes speech, and a ‘course of conduct’ means that such conduct must occur on at least two occasions. The Harassment will need to be proved ‘Beyond reasonable doubt’ to obtain the conviction in the criminal court.
Civil injunctions
A civil injunction can be granted if the defendant can be proven on a balance of probabilities to have committed just one action which a reasonable person would consider would cause alarm, distress or harassment, if the defendant knew this would be the effect or ought to know. The injunction is made for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment. Also, damages can be awarded for any anxiety caused by the harassment and any financial loss resulting from the harassment. For civil injunctions issued before 1 September 1998, breach of injunction is dealt with as contempt of court, which is punishable by up to two years in prison. Breach of an injunction in such a case is not in itself, however, a criminal offence.
On 1 September 1998, legislation came into force which made Protection From Harassment civil injunctions more effective. This means that civil injunctions issued after -this date have an automatic power of arrest attached to them, and breach of one of these injunctions is a criminal offence. This also gives the police more powers of investigation, including search powers. Breach of a civil injunction issued after 1 September 1998 is punishable by up to five years’ imprisonment.
The civil injunction will have to be applied for in the civil courts and the costs of obtaining the injunction need to be met by the person applying for the injunction unless Legal Aid is granted. Prosecution for breach of an injunction obtained after 1 September 1998 will be dealt with by the police, and therefore costs will not be incurred by the victim; however if the injunction was obtained before this date, the victim will need to meet the court costs themselves if they cannot get Legal Aid.