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.

16 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

    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 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 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.

  9. tanya

    Hello i am the same dont know what to do anymore want these pack of dohs caught.

  10. Shayley

    This all sounds too familiar to me, I have been a victim of stalking by an actual cult since what has turned out to be – my early teens! Their style of harassment and intimidation is often sexual abuse/ rape themed, they have set up accidents, tried to control where I go and who I meet by following my movements, clearly this has been done by persuading people around me to observe me. They are sneaky and only leave trails of clues to who they are, but I have been able to confirm since they had someone say one of their names by a man in a shared workspace I had been renting, this man had also subtly sexually harassed me and other females in this office space. This showed me at least one of the suspect is who I thought, but despite repeatedly reporting have been ignored and even had attempts made to make me agree the source of these incidents was really other people not this main person, who was known not just by myself in High School to be some sort of rapist, and whose older brother is part of the police force. Even they though, appear to be a spinoff from an earlier abuser I have only in recent years uncovered the memory of – this being the father of a girl from school, whose house I had been taken to, hours from where we lived, at around 13 and only remember him having me naked and saying degrading things about my body – which I now remember also being repeated by the older boy at school a few years later. It is truly as if someone really evil is behind all of them, convincing them to run after me, try to rape me, slip drugs as this even happened again recently, leading these unwanted types to believe they can get something out of me and even that I would ever talk to them at all, but it is so frustrating when I know they have these delusions, but these people do not connect with others in normal ways, so I am constantly living in fear and trying to live even a bit of a life while avoiding the threats of kidnapping. Although they don’t get their ‘runners’ to say this specifically, the fear has arisen since yet another bad memory of a past kidnapping attempt being made on me, perhaps more than once. I also don’t know what to do. I would like to join or start a support group.

  11. Craig

    You wouldn’t think that the POLICE would take part in stalking someone but guess again…also people who work with the public are also taking part in this sick game.Well I nearly have enough evidence to prove they all take part in this stalking\slandering sick game and I will gladly put them all on the stand when I take this to court!!…thankyou and keep up the good work.

  12. rose

    hi I agree with most of you this is gang stalking there needs to be a group made to swap information to get the purpurtraiters and yes government being invovled i have been made out to be mental for years when there was a child custody and my address and details were given out to the father he has kept going after me and sending everyone else after me, i have two wrecked homes, several car’s lost everything i own and made out to be metal this is a gand that target people till they have nothing left they will wreck your home then wreck the claims so it wan’t be fixed.
    Painters n Dockers , n Morans and yes they have there finger in every government pie, dhs, housing, mygov, they have lawyers accountant’s and mostly mental health they illegally enter your home and make out your a parnoid skitzafrenic to ruin your insurnace claims etc i were bashed at work so they forged my signature and stated there a carer so they could ruin my workcover claims, maurice black burn was telling them where i were each time i tried to move.

  13. Ben

    Hi Rose,

    I am currently experiencing something similar. I noticed people tailing me on foot a few months after I had filed for a complaint for malpractice against a medical practitioner. They’ve recently (last 3-4 months ago) started tailing me by vehicle too where they turn on their fog-lights/hi beams when passing me. Just before they pass me, they either dim the lights or turn them off. Many of the vehicles looked like undercover law-enforcement, which wouldn’t be surprising because the med practitioner was a prominent figure around the neighbourhood. Mostly black or grey (with some exceptions) cars along with a black van that’s always nearby with the occasional cab driver from 13 cabs. The people doing this haven’t done anything violent yet nor have they stolen any mail or packages so far.

    I’ve read horror stories about trying to approach the police in Victoria for help on such matters, which is why I’d rather avoid them altogether so they don’t have me diagnosed with some mental illness/disorder. Having lies about me being spread around is already bad enough.

    This group follows me from North Melbourne all the way to Caulfied and Clayton.

    The ones with some level of authority look like they’re in their late 40s-50s often with grey hair. You can identify them as they usually stand around seemingly without any purpose. They usually look out of place too. Hope this information helps.

  14. Geoff

    (Update )
    I have found out that I am being stalked by a sibling and his wife who are trying to harass me out of our family home ,they have tried everything!!!! Now check this out!!!
    They have installed a pinhole camera security system illegally when we get our house worked on,they simply hired a alarm specialist and got him to hide and install it (we went away so that all the work could get done etc)then having access to our cars he literally had gps’s installed the same way as the cars etc ,they gain access to my phone by simply lifting it when I had left on a bench in side to go to the toilet and loaded spyware onto it at this point you would think wow that unbelievable there’s more stalking me via the car and phone they were able to know where I was and were able to get the paging numbers to the shopping centres near me and virtually at a low volume abuse me they have been doing this through all of there devices the security system hidden in our home the same in the car the same also check this out he has even placed a stereo with a phone plugged into it over the drain pit near where live and then parked his and wife’s car In the property driveways over the back from us on a conference call and the sound goes through our yard and down the street ,he using the drains as a PA system etc
    He is using every type of communication devices And techniques you can think of to abuse and the worst is that the sound is resonating through our home the devices hidden behind the kitchen ,bathrooms ,etc which will cost us a new ones thousands of dollars damage also new cars thousands of dollars damage,he has so imbecile mate that lived a door away who is helping him do this who is also doing this to his family.
    This has been going on now for fourteen years and no one has helped while this psycho gets away with this ,lucky I have video footage also recordings and I am suing the tradesmans insurance who he has used also him with whom else he has used.
    Believe it or not there more that I can’t mention hear but finally we might be able to fix this problem via the insurance?

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