What constitutes a stalking charge?
Stalking is a crime. Stalking is defined under this law and includes: ‘the following of a person about or the watching or frequenting of the vicinity of, or an approach to a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity’.
What happens in a stalking case?
A misdemeanor stalking conviction can result in a sentence of up to one year in county jail, fines, counseling, informal probation and a restraining order. Repeat offenders, including those who stalk the same victim, would likely be charged with a felony even if there were no other aggravating factors.
Who is usually the victim of stalking?
The majority of stalking victims are women and most stalkers are men, but men can be victims, too. Three out of four stalking victims were stalked by someone they know; of these, 45 percent of stalkers were acquaintances of the victim and 30 percent were intimate partners.
What is a stalker’s goal?
Stalking is a pattern of legal and/or illegal goal-directed behavior which can be influenced by an irrational and/or delusional thought process. Stalkers have an emotional obsession with the victim and tend to hold a selfish perception of the relationship.
How do you prove intimidation?
Thus, to obtain a conviction of the offence of stalking or intimidation in NSW, the prosecution must prove that the accused had both the intention to cause fear of physical or mental harm and that their behaviour(s) committed or attempted constitute stalking or intimidation.
What is the difference between stalking and harassment?
The new stalking offences highlighted: Stalking as a specific behaviour as opposed to harassment more generally. Closed the lacuna when a course of conduct fell short of causing a victim to feel fear of violence but nevertheless caused a victim serious alarm or distress.
When does harassment of an individual become stalking by proxy?
Harassment of an individual can also occur when a person is harassing others connected with the individual, knowing that this behaviour will affect their victim as well as the other people that the person appears to be targeting their actions towards. This is known as ‘stalking by proxy’.
Can a stalking case be considered domestic violence?
In many circumstances, cases of stalking and harassment will come within the definition of ‘domestic violence’ and as such the CPS Domestic Violence Policy and legal guidance will also be relevant. Further information can be found at:
Can a third party harasser be an employer?
It is the duty of any employer to provide a place which is safe to work and is free from any kind of harassment. Although people, who are third party harassers, are beyond the direct control of the employer, yet courts have ordered some guidelines regarding prevention of this kind of harassment.