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Stalking: What protection is available under UK law. Rowena talks to Legal Women UK about the intricacies of Stalking and the legal remedies available to victims.
Stalking is often discussed in the press and public domain, particularly in the context of high-profile stalking cases. In recent times, the Netflix series Baby Reindeer has also led to a more public dialogue around stalking and the sensitivities and issues affecting both victims and perpetrators. This dialogue has included an examination of why individuals begin to stalk in the first place, as well as the complexities of trauma bonding whereby their victims may get drawn into a cycle of stalking because of their own particular vulnerabilities and sensitivities.
Stalking disproportionately affects women and girls; however, men and boys may also be victims. In ex-intimate partner cases, for example, women are predominantly the victims and men the perpetrators of stalking. Further, stalking is not restricted to the domain of celebrities and public figures, and it can affect people from a wide range of backgrounds and ages. The context in which the stalking behaviour takes place as well as the relationship between the stalker and the victim can also vary significantly. Although the perpetrator’s behaviour may seem harmless, particularly if examined in isolation rather than as a continuum of behaviour, the behaviours may amount to stalking depending on the context of the behaviour, victim impact and the motivations behind the stalking behaviour itself.
Fixated, obsessive, unwanted, repeated
What exactly is stalking? In answering this question, the Protection from Harassment Act 1997 is of some assistance, stating at Section 2 that a person’s course of conduct amounts to stalking of another person if it amounts to harassment of that person, the acts or omissions involved are ones associated with stalking and the person whose course of conduct it is knows, or ought to know, that the course of conduct amounts to harassment of another person. Section 3 then sets out examples of acts or omissions which, in the particular circumstances, are ones associated with stalking:
● Following a person
● Contacting, attempting to contact a person by any means
● Loitering in any place (whether public or private)
● Interfering with any property in the possession of a person
● Watching or spying on a person.
The Statutory Guidance for the Police issued by the Home Office, last updated in May 2024, gives further examples of behaviours which may amount to stalking depending on the context of the behaviour, motivation behind the behaviour and impact on the victim:
● Contacting the victim’s family members
● Sending unsolicited gifts to the victim
● Using multiple social media accounts, email addresses or telephone numbers to contact the victim.
How can a Stalking Protection Order be obtained?
The Police may apply for a stalking protection order (as well as for an interim order pending the final hearing) under the Stalking Protection Act 2019. The criteria for applying for an order are set out in Section 1(1) of the Act and the Police should consider applying for an order where it appears to them that:
● The Respondent has carried out acts associated with stalking;
● The Respondent poses a risk of stalking to a person; and
● There is reasonable cause to believe that the proposed order is necessary to protect the other person from that risk.
(The person to be protected does not have to have been the victim of the acts mentioned above).
There is also an important link between motivation and defining stalking behaviours which sets stalking apart from other crimes and harmful behaviours. According to the statutory guidance for the Police, there are essentially 5 types of stalkers, these being: rejected, intimacy-seeking, incompetent, resentful and predatory. It is possible of course that the motivation behind the perpetrator’s behaviour may change over time and that, by way of example, a rejected stalker may evolve into a resentful stalker. Stalking protection orders are not confined to cases of “stranger stalking” but can also be utilised in a domestic abuse context or in other circumstances in which the victim knows the perpetrator.
Content of a Stalking Protection Order
The order must specify whether it is for a fixed period (and if so the length of that period), or until further order. If an order is for a fixed period, then it must be a period of at least 2 years beginning with the day on which the order was made. An order must also state each prohibition or requirement that applies to the defendant and also stipulate whether any prohibition or requirement is expressly limited to a particular locality and if so, which locality. Overall, however, orders need to be tailored on a case-by-case basis to fit the particular factual matrix and the risks associated with the individual case.
Rowena Wisniewska Sethi, Barrister at 4-5 Gray’s Inn Square.
https://www.linkedin.com/in/rowena-wisniewska-b1713271/