Type:	Journal Article
Title:	Stalking: defining and prosecuting a new category of offending
Other Titles:	International Journal of Law and Psychiatry
Authors:	Path?, Michele Purcell, Rosemary Mullen, Paul E
Keywords:	Legal issues;Criminal justice responses;Stalking
Year:	2004
Publisher:	Pergamon Press
Citation:	27 (2), March-April 2004
Notes:	General Overview: This paper sets out to examine anti-stalking laws, since their creation in response to the failure of criminal and civil laws to protect victims to their implementation in various jurisdictions in the United States, Canada, Australia and the United Kingdom. Discussion: Stalking emerged as a significant social issue in the 1980s when it described the unwanted and inappropriate attention given to celebrities in the United States. By the end of that decade it was recognised as an act of harassment which had culminated in bodily harm in a number of high profile cases. North American jurisdictions lead the way with anti-stalking legislation in the early 1990s, followed by various Australian states and territories and then the United Kingdom with the Protection from Harassment Act:in 1997. The authors of this article consider the differing legal definitions that have been applied to stalking in the US, Canada, UK and Australia, and discuss the three crucial conditions needed to substantiate the offence: conduct requirements, intention and victim response. They compare various jurisdictions in terms of the emphasis each places on the rights of the victim and the accused, respectively, and examine attempts made to limit the offence to prevent the criminalisation of lawful activities. The authors also discuss the advantages and disadvantages of anti-stalking legislation, which highlight the possibility of their misuse. While acknowledging the necessity of anti-stalking laws, the authors question whether they are sufficient to prevent and punish stalking, a behaviour involving repeated acts that while individually benign or legal, in totality can be damaging, distressing and abusive. Of special concern is the failure of much of the legislation to include mental health evaluation and intervention as part of the judgment meted out on those convicted of stalking.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/12243
ISSN:	0160-2527
Appears in Collections:	Journal Articles

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