With the advent of the internet and social media, it is easier than it ever has been to look into others lives and see what they are doing, where they are going, and who they are with. The temptation to pry can be difficult to resist. The government recognised that there comes a point where behaviour turns from nosiness into a crime and in 2012 they created the offence of stalking to deal with people who go too far.
What is the definition of stalking?
You commit a stalking offence when you pursue a course of conduct that amounts to stalking, which isn’t the most helpful definition in the world. Stalking will usually involve things like contacting another person, following them, publishing material about them, monitoring them, or spying on them, These are just examples, not an exhaustive list.
You need not need intend to cause distress to the person being stalked. They do not even need to know that you are stalking them at the time. However, the prosecution must prove that you knew, or ought to have known, that your actions amounted to stalking.
Course of conduct
A course of conduct means that you do something on at least two occasions if the offence is against an individual. If the allegation involves multiple people then, you must do something to each of them on at least one occasion each.
The prosecution must establish that events are a course of conduct, i.e. deliberate actions rather than a series of unrelated events. An ex-partner says you are stalking them because you are often in the same shop as them. The prosecutor will say this is a course of conduct. Your defence might be that you live in the same area and have always shopped in that store so the fact you see your ex is merely coincidence. In this way you are putting forward a defence to harassment by undermining the course of conduct element.
Aggravated stalking
Putting someone in fear of violence or causing them serious alarm or distress that adversely affects their daily life aggravates the stalking offence.
The prosecution must show not only that the victim was placed in fear of violence, serious alarm or distress on at least two occasions but also that you knew, or ought to have known, that your actions would put the victim in fear.
Stalking sentences
If you are convicted of stalking the court can imprison you for up to six-months and impose an unlimited fine.
The aggravated offence carries a sentence of ten years imprisonment where you are sentenced by a Crown Court or six months in a magistrates’ court. Both courts can also impose an unlimited fine
Defences to stalking
There are several approaches to defending an allegation of stalking. The first, and most obvious, is to argue that you were not stalking the alleged victim at all. For example, if you simply look up somebody you know on the internet because you are being nosey and happen to bump into them in public then you will have a defence because you are not stalking them.
You can defend the aggravated version of the offence by arguing that the complainant was not placed in actual fear and/or that you did not know (and had no reason to know) that your actions placed the person in fear.
There are various defences that apply to both the standard and aggravated version of the offence.
If you can show that you were acting for the prevention or detection of crime you will have a defence. For example, if you were the victim of a fraud and you took steps to find the fraudster and gather information about them to turn over to the police or bring a private prosecution then you will have a defence.
When you take action to protect another person or their property you will have a defence. Let’s say an older man is talking to your young daughter online and you take steps to identify him and warn him off to protect your daughter. You will have a defence, at least to stalking.
Where you act in compliance with any rule of law you will have a defence.
If your actions in pursuing a course of conduct were reasonable then you will have a defence. For example, where a private investigator spies on a person they believe is attempting to defraud an insurance company by claiming they are injured when they are not then they will have a defence.
If you have been accused of stalking then call Hartley’s Solicitors today and get an expert defence solicitor on your case. Call us on 020 8242 4496 or send an email via our contact page.