Stalking
Resources
Definition of stalking
In Australia, stalking is defined variably across different states and territories, but generally, it involves a pattern of behavior that is intended to cause physical or mental harm, arouse apprehension or fear in someone, or is conducted with the intent to harm or harass.
Common behaviors identified under stalking laws can include repeatedly contacting a person, following them, or loitering outside their home or place of work. Stalking may also involve using the internet or other forms of electronic communication to commit these acts.
For example, the definition in Victoria under the Crimes Act 1958 specifies that a person commits the offense of stalking if they engage in a course of conduct that includes actions like following someone, contacting them in ways that could be construed as threatening, or publishing content online about them without consent, all with the intent to cause physical or mental harm or to induce fear for safety.
Here are the legislative instruments for each Australian state and territory, which outline the legal parameters and definitions relevant to stalking offenses:
New South Wales: The Crimes Act 1900 is the main legislation that covers stalking and intimidation under Section 13, making it a criminal offence to stalk someone with the intent to cause fear of physical or mental harm.
Queensland: The Criminal Code Act 1899 details offenses related to stalking under Section 359B, describing stalking as a course of conduct that includes following, contacting, or other actions that cause apprehension or detriment.
Victoria: The Crimes Act 1958 includes specific provisions against stalking under Section 21A, which outlines various behaviors constituting stalking, including making threats, using abusive or offensive words, performing actions that cause physical or mental harm, and more.
Australian Capital Territory: Stalking is covered under the Crimes Act 1900, which describes stalking as following someone or conducting oneself in a way that others would find harassing.
Western Australia: The Criminal Code Act Compilation Act 1913 defines stalking as repeatedly following or contacting someone in a manner that could reasonably be expected to intimidate or cause fear.
Northern Territory: The Criminal Code Act 1983 includes provisions against stalking, emphasizing actions that seriously harm others or cause fear.
South Australia: The Criminal Law Consolidation Act 1935 addresses stalking under Section 19AA, defining it as behavior intended to cause physical or mental harm or to arouse apprehension or fear in the victim.
Tasmania: The Criminal Code Act 1924 stipulates what constitutes stalking, including following, contacting, or monitoring the victim, with provisions focusing on the intent to harm or frighten.
FAQs
What constitutes stalking?
Stalking involves repeated and unwanted attention, harassment, contact, or any other conduct directed at a specific person that causes them to feel afraid or harassed. This can include following someone, making harassing phone calls, or sending unwanted gifts or messages.
How can I protect myself from a stalker?
Measures to protect yourself from a stalker include informing the police (to beh honest the police often don’t taking stalking seriously, but please persist if you’re concerned. for your safety), keeping a record of all stalking behaviors, informing friends and family about the situation, and considering obtaining a restraining order. It’s also advisable to enhance your privacy settings on social media and vary your routine.
Can stalking occur online?
Yes, cyberstalking is a form of stalking where someone uses the internet or other digital means to harass, threaten, or intimidate someone. This can include sending repeated messages, posting offensive comments on social media, or even impersonating the victim online.
Is stalking a criminal offense?
Yes, stalking is a criminal offense in many jurisdictions. The specifics can vary, but generally, it involves behavior that intentionally or recklessly causes someone to fear for their safety or wellbeing.
Signs that someone might be stalking you?
Signs of stalking include receiving unwanted calls or messages, being followed or watched, finding gifts or letters from the person, and noticing that someone is repeatedly showing up at places you frequent without a legitimate reason.
What should I do if I think I am being stalked?
If you believe you are being stalked, it's important to take it seriously. Document every incident, including dates, times, and descriptions of the behavior. Contact the police to report the behavior and consider speaking to a lawyer about your options for protective orders.