The Crimes Act 1958 states that a person must not stalk another person. The suggested minimum time imprisonment for the offence is five years, with a maximum of 10. Conduct that falls within this jurisdiction is when a person stalks another person when they follow the victim, when they conduct the victim or any other person by post etc, interfering with property of the victim’s and related behaviours. The legislation also suggests that for the purpose of the act an offender also must have an intention to cause physical or mental harm to the victim.

The crime of stalking has recently been extended as a result of the use of the internet (such as social media), an offence known as cyber-stalking. The legislation was modernized with the introduction of the Crimes (Stalking) Act 2003 which included the use of electronic communications. As a result of the technological revolution, the demands on the law remaining up-to-date have increased. Cyber-Stalking can target younger people, through the use of social media sites, such as Facebook and Tumblr.

Cyberstalking, defined by NetAlert, is “where a person is stalked or harassed by another person using a service of the internet such as email, instant messaging or via a posting in a discussion group. Stalking behaviours can include threats, cryptic messages and sexual innuendo that occur in a frequent and intrusive manner”. 4. This online behaviour has presented various jurisdictional issues for legislatures to address.

In order to address the various issues of online crime thorough education programs must be enforced in schools,. Education will provide a preventative approach to combat the issue surrounding vulnerability online. Related behavior includes cyber bullying. This form of bullying is most commonly seen among schoolchildren and adolescents.

The Magistrate Courts’ found that the majority of stalking offenders are male, at 86.5%. With the majority of offenders between 21 and 40 years old. It was found that both men and women are more likely to stalk women than men, 86.0 per cent and 57.1 per cent respectively.

The effects of stalking on the victim often include a fear to leave the house, a fear of being followed, frustration, anxiety etc. In can also often result in a inability to trust others, isolation and insecurity. Victims of stalking are advised to seek assistance in order to deal with the issue and gain assurance for the future.

10 thoughts on “Stalking

  1. Paul JUDD

    Good Morning,
    I am looking for some advice / assistance in the matter of a stalking issue.
    Late last year I was the victim of a stalker, the matter has been handled by the police and a male has been charged with 4 counts of stalking. This is now due to go to court in Mid September.
    My query is what avenues do I have to sue this person civily presuming he is found guilty. I have asked the major law firms but they are all unwilling to become involved (presumably as nothing is guaranteed)
    Any advice would be gratefully received.
    I am a 60 yo male ….. the stalker was a 50+ male.
    Thank you
    Paul JUDD

  2. Irene

    I dont know what to do . i filed police report s and its becoming terrible. I filed about 20 reports . i dont know if their being caught or what .stalking is terrible commiting a crime is terrible .

  3. Geoff

    Geoff
    I’ve been stalked for about eight years ,had three break downs ,and now dealing with the same person who has turned into the worst kind of stalker who has broken into my home put pinhole camera’s and has put a GPS in my car trying to follow me where ever I go and also has a PA in his car so when he has parked on the next street will constantly abuse ,he has done this from his work place as well and I’m suing his public liability insurance at his work place ,maybe this is something to look at .

  4. hi I have been stalked by so called friends/strangers for around a year now.i have told the local police,but I believe it is a family member of one of the officers in my area,so they just laugh at me and send me on my way.this is having a great impact on my mental health.I am getting realy sick of it.please give me some advice on this matter. thankyou….craig.

  5. I am continually receiving threatening emails – with false allegations – they go to spam – because I do not respond they c.c. a family member who receives a copy – it is constant but police will do nothing – the latest “your time is running out” – police believe that is not a criminal threat – well not sure what constitutes a criminal threat – because I wont respond going to a family member is stalking

  6. I am continually receiving threatening emails – with false allegations – they go to spam – because I do not respond they c.c. a family member who receives a copy – it is constant but police will do nothing – the latest “your time is running out” – police believe that is not a criminal threat – well not sure what constitutes a criminal threat – because I wont respond going to a family member is stalking

  7. A repeated threat to harm should be considered a criminal act. Suggest you speak with the seargeant of the police station for clarification. Please contact us agian once you have a police statement indicating a violent crime against you so we can assist with your crime compensation.

  8. hello my name is craig I have written to you before,i am still being stalked abused by a women who I don’t know.she continues to do so every day.even comes to my home.this is affecting my health so much that I have had suicide thoughts.the police in the lilydale area don’t seem to care.how can I stop this.i have no idea who it is but they know me.i don’t deserve this,i have never hurt anyone so I don’t know why this continues.it seems the local hospital are on this persons side as I have put myself in there because of the continue abuse.they have really reacked my reputation in the area.this person is dangerous and needs to leave me alone.

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