Stalking
Encyclopedia
Stalking is a term commonly used to refer to unwanted and obsessive attention
Attention
Attention is the cognitive process of paying attention to one aspect of the environment while ignoring others. Attention is one of the most intensely studied topics within psychology and cognitive neuroscience....

 by an individual or group to another person. Stalking behaviors are related to harassment
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...

 and intimidation
Intimidation
Intimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.Criminal threatening is the crime of intentionally or...

 and may include following the victim in person and/or monitoring them via the internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...

. The word stalking is used, with some differing meanings, in psychology
Psychology
Psychology is the study of the mind and behavior. Its immediate goal is to understand individuals and groups by both establishing general principles and researching specific cases. For many, the ultimate goal of psychology is to benefit society...

 and psychiatry
Psychiatry
Psychiatry is the medical specialty devoted to the study and treatment of mental disorders. These mental disorders include various affective, behavioural, cognitive and perceptual abnormalities...

 and also in some legal jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

s as a term for a criminal offense.

According to a 2002 report by the National Center for Victims of Crime, "Virtually any unwanted contact between two people that directly or indirectly communicates a threat or places the victim in fear can be considered stalking."

Definitions

The difficulties associated with precisely defining this term (or defining it at all) are well documented.

Having been used since at least the 16th century to refer to a prowler or a poacher (Oxford English Dictionary), the term stalker started to be used by the media in the 20th century to describe people who pester and harass others, initially with specific reference to the harassment of celebrities by strangers who were described as being "obsessed". This use of the word appears to have been coined by the tabloid press in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

.

Pathé and Mullen describe stalking as "a constellation of behaviours in which an individual inflicts upon another repeated unwanted intrusions and communications".

Stalking can be defined as the willful and repeated following, watching and/or harassing of another person. Most of the time, the purpose of stalking is to attempt to force a relationship with someone who is unwilling or otherwise unavailable. Unlike other crimes, which usually involve one act, stalking is a series of actions that occur over a period of time. Although stalking is illegal, some of the actions that can contribute to stalking are initially legal, such as gathering information, calling someone on the phone, sending gifts, emailing or instant messaging. They become illegal when they breach the legal definition of harassment e.g. an action such as sending a text is not usually illegal, but is illegal when frequently repeated to an unwilling recipient. In fact United Kingdom law states the incident only has to happen twice when the stalker should be aware their behavior is unacceptable e.g. two phone calls to a stranger, two gifts following the victim then phoning them etc. However, the victim may feel they have been the victim of a stalking after one incident e.g. being followed home.

Psychology and behaviors

People characterized as stalkers may have a mistaken belief that another person loves them (erotomania
Erotomania
Erotomania is a type of delusion in which the affected person believes that another person, usually a stranger or famous person, is in love with him or her. The illness often occurs during psychosis, especially in patients with schizophrenia or bipolar mania...

), or that they need rescuing. Stalking can sometimes consist of an accumulation of a series of actions which in themselves can be legal, such as calling on the phone, sending gifts, or sending emails. In the United Kingdom, government research demonstrates that, despite media reports and research of vested interests, the Protection from Harassment Act 1997
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 is a piece of United Kingdom law which, among other things, criminalises and creates a right to protection from stalking and persistent bullying in the workplace.-Definition:...

 "is rarely used for stalking as portrayed by the media since only a small minority of cases in the survey involved such behaviour".

Stalkers may use threats and violence to frighten their victims. They may also engage in vandalism
Vandalism
Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...

 and property damage or make physical attacks that are mostly meant to frighten. Less common are sexual assaults.

In the UK, for example, most stalkers are former partners and evidence indicates that the mentally ill stalking type of behaviour propagated in the media occurs in only a minority of cases of alleged stalking. A UK Home Office Research study on the use the 1997 Protection from Harassment Act quotes "The study found that the Protection from Harassment Act is being used to deal with a variety of behaviour such as domestic and inter-neighbour disputes. It is rarely used for stalking as portrayed by the media since only a small minority of cases in the survey involved such behaviour.

Psychological effects on victims

Disruptions in daily life necessary to escape the stalker, including changes in employment
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...

, residence and phone numbers, may take a toll on the victim's well-being and lead to a sense of isolation.

According to Lamber Royakkers, "Stalking is a form of mental assault, in which the perpetrator repeatedly, unwantedly, and disruptively breaks into the life-world of the victim, with whom they have no relationship (or no longer have). Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect)."

Gender studies of stalkers

According to one study, women often target other women, whereas men generally stalk women only.
However, a January 2009 report from the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...

 in the United States reports that "Males were as likely to report being stalked by a male as a female offender. 43% of male stalking victims stated that the offender was female, while 41% of male victims stated that the offender was another male. Female victims of stalking were significantly more likely to be stalked by a male (67%) rather than a female (24%) offender." This report provides considerable data by gender and race about both stalking and harassment. The data for this report were obtained via the 2006 Supplemental Victimization Survey (SVS), conducted by the U.S. Census Bureau for the U.S. Department of Justice.

Types of stalkers

Psychologists often group individuals who stalk into two categories: psychotic and nonpsychotic. Stalkers may have pre-existing psychotic disorders such as delusional disorder
Delusional disorder
Delusional disorder is an uncommon psychiatric condition in which patients present with circumscribed symptoms of non-bizarre delusions, but with the absence of prominent hallucinations and no thought disorder, mood disorder, or significant flattening of affect...

, schizoaffective disorder
Schizoaffective disorder
Schizoaffective disorder is a psychiatric diagnosis that describes a mental disorder characterized by recurring episodes of elevated or depressed mood, or of simultaneously elevated and depressed mood, that alternate with, or occur together with, distortions in perception.Schizoaffective disorder...

, or schizophrenia
Schizophrenia
Schizophrenia is a mental disorder characterized by a disintegration of thought processes and of emotional responsiveness. It most commonly manifests itself as auditory hallucinations, paranoid or bizarre delusions, or disorganized speech and thinking, and it is accompanied by significant social...

. Most stalkers are nonpsychotic and may exhibit disorders or neuroses such as major depression
Clinical depression
Major depressive disorder is a mental disorder characterized by an all-encompassing low mood accompanied by low self-esteem, and by loss of interest or pleasure in normally enjoyable activities...

, adjustment disorder
Adjustment disorder
Adjustment disorder is a psychological response to an identifiable stressor or group of stressors that cause significant emotional or behavioral symptoms that do not meet criteria for anxiety disorder, PTSD, or acute stress disorder...

, or substance dependence, as well as a variety of Axis II personality disorder
Personality disorder
Personality disorders, formerly referred to as character disorders, are a class of personality types and behaviors. Personality disorders are noted on Axis II of the Diagnostic and Statistical Manual of Mental Disorders or DSM-IV-TR of the American Psychiatric Association.Personality disorders are...

s (such as antisocial
Antisocial personality disorder
Antisocial personality disorder is described by the American Psychiatric Association's Diagnostic and Statistical Manual, fourth edition , as an Axis II personality disorder characterized by "...a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood...

, avoidant
Avoidant personality disorder
Avoidant personality disorder is a personality disorder recognized in the Diagnostic and Statistical Manual of Mental Disorders handbook in a person characterized by a pervasive pattern of social inhibition, feelings of inadequacy, extreme sensitivity to negative evaluation, and avoidance of...

, borderline
Borderline personality disorder
Borderline personality disorder is a personality disorder described as a prolonged disturbance of personality function in a person , characterized by depth and variability of moods.The disorder typically involves unusual levels of instability in mood; black and white thinking, or splitting; the...

, dependent
Dependent personality disorder
Dependent personality disorder , formerly known as asthenic personality disorder, is a personality disorder that is characterized by a pervasive psychological dependence on other people...

, narcissistic
Narcissistic personality disorder
Narcissistic personality disorder is a personality disorder in which the individual is described as being excessively preoccupied with issues of personal adequacy, power, prestige and vanity...

, or paranoid
Paranoid personality disorder
Paranoid personality disorder is a psychiatric diagnosis characterized by paranoia and a pervasive, long-standing suspiciousness and generalized mistrust of others....

). Some of the symptoms of "obsessing" over a person is part of obsessive compulsive personality disorder. The nonpsychotic stalkers' pursuit of victims can be influenced by various psychological factors, including anger
Anger
Anger is an automatic response to ill treatment. It is the way a person indicates he or she will not tolerate certain types of behaviour. It is a feedback mechanism in which an unpleasant stimulus is met with an unpleasant response....

, hostility, projection
Psychological projection
Psychological projection or projection bias is a psychological defense mechanism where a person subconsciously denies his or her own attributes, thoughts, and emotions, which are then ascribed to the outside world, usually to other people...

 of blame
Blame
Blame is the act of censuring, holding responsible, making negative statements about an individual or group that their action or actions are socially or morally irresponsible, the opposite of praise. When someone is morally responsible for doing something wrong their action is blameworthy...

, obsession
Obsession
-Literature:* Obsession , a 1998 nonfiction book by John E. Douglas and Mark Olshaker* Obsessed , a 2005 thriller by Ted Dekker* Obsession , a novel by Jonathan Kellerman* Obsession, a 2009 novel by Gloria Vanderbilt...

, dependency
Behavioral addiction
Behavioral addiction is a form of addiction which does not rely on drugs or alcohol. Increasingly referred to as process addiction or non-substance-related addiction ) behavioral addiction includes a compulsion to repeatedly engage in an action until said action causes serious negative consequences...

, minimization
Minimisation (psychology)
Minimisation is a type of deception involving denial coupled with rationalisation in situations where complete denial is implausible. It is the opposite of exaggeration....

, denial
Denial
Denial is a defense mechanism postulated by Sigmund Freud, in which a person is faced with a fact that is too uncomfortable to accept and rejects it instead, insisting that it is not true despite what may be overwhelming evidence.The subject may use:* simple denial: deny the reality of the...

, and jealousy
Jealousy
Jealousy is a second emotion and typically refers to the negative thoughts and feelings of insecurity, fear, and anxiety over an anticipated loss of something that the person values, particularly in reference to a human connection. Jealousy often consists of a combination of presenting emotions...

. Conversely, as is more commonly the case, the stalker has no antipathic feelings towards the victim, but simply a longing that cannot be fulfilled due to deficiencies either in their personality or their society's norms.

In "A Study of Stalkers" Mullen et al.. (2000) identified five types of stalkers:
  • Rejected stalkers pursue their victims in order to reverse, correct, or avenge a rejection (e.g. divorce, separation, termination).
  • Resentful stalkers pursue a vendetta because of a sense of grievance against the victims – motivated mainly by the desire to frighten and distress the victim.
  • Intimacy seekers
    Obsessive love
    Obsessive love is a state in which one person feels an overwhelming obsessive desire to possess another person toward whom they feel a strong sexual attraction, with an inability to accept failure or rejection...

    seek to establish an intimate, loving relationship with their victim. To many of them the victim is a long-sought-after soul mate, and they were 'meant' to be together.
  • Incompetent suitors, despite poor social or courting skills, have a fixation
    Fixation
    Fixation may refer to the following:In science:*Fixation , the state in which an individual becomes obsessed with an attachment to another human, an animal, or an inanimate object...

    , or in some cases, a sense of entitlement
    Entitlement
    An entitlement is a guarantee of access to benefits based on established rights or by legislation. A "right" is itself an entitlement associated with a moral or social principle, such that an "entitlement" is a provision made in accordance with legal framework of a society...

     to an intimate relationship with those who have attracted their amorous interest. Their victims are most often already in a dating relationship with someone else.
  • Predatory stalkers spy on the victim in order to prepare and plan an attack – often sexual – on the victim.

The 2002 National Victim Association Academy defines an additional form of stalking: The vengeance/terrorist stalker. Both the vengeance stalker and terrorist stalker (the latter sometimes called the political stalker) do not, in contrast with some of the aforementioned types of stalkers, seek a personal relationship with their victims but rather force them to emit a certain response favourable to the stalker. While the vengeance stalker's motive is "to get even" with the other person whom he/she perceives has done some wrong to them (e.g., an employee who believes is fired without justification from their job by their superior), the political stalker intends to accomplish a political agenda, also using threats and intimidation
Intimidation
Intimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.Criminal threatening is the crime of intentionally or...

 to force his/her target to refrain and/or become involved in some particular activity, regardless of the victim’s consent.

Many stalkers fit categories with paranoia disorders. Intimacy-seeking stalkers often have delusional disorders involving erotomanic delusions. With rejected stalkers, the continual clinging to a relationship of an inadequate or dependent person couples with the entitlement of the narcissistic personality, and the persistent jealousy of the paranoid personality. In contrast, resentful stalkers demonstrate an almost “pure culture of persecution
Persecution
Persecution is the systematic mistreatment of an individual or group by another group. The most common forms are religious persecution, ethnic persecution, and political persecution, though there is naturally some overlap between these terms. The inflicting of suffering, harassment, isolation,...

,” with delusional disorders of the paranoid type, paranoid personalities, and paranoid schizophrenia.

One of the uncertainties in understanding the origins of stalking is that the concept is now widely understood in terms of specific behaviors which are found to be offensive and/or illegal. As discussed above, these specific (apparently stalking) behaviors may have multiple motivations.

In addition, the personality characteristics that are often discussed as antecedent to stalking may also produce behavior that is not stalking as conventionally defined. Some research suggests there is a spectrum of what might be called "obsessed following behavior." People who complain obsessively and for years, about a perceived wrong or wrong-doer, when no one else can perceive the injury—and people who cannot or will not "let go" of a person or a place or an idea—comprise a wider group of persons that may be problematic in ways that seem similar to stalking. Some of these people get extruded from their organizations—they may get hospitalized or fired or let go if their behavior is defined in terms of illegal stalking, but many others do good or even excellent work in their organizations and appear to have just one focus of tenacious obsession.

Cyberstalking

Cyberstalking
Cyberstalking
Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, a group of individuals, or an organization. It may include false accusations, monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or...

 is the use of computers or other electronic technology to facilitate stalking. A booming “spy shop” industry has sprouted up to supply Hi-tech equipment such as computer hacking or monitoring software, hidden cameras, microphones, and GPS tracking units.

Stalking by groups

According to a U.S. Department of Justice special report a significant number of people reporting stalking incidents claim that they had been stalked by more than one person, with 18.2% reporting that they were stalked by two people, 13.1% reporting that they had been stalked by three or more. The report did not break down these cases into numbers of victims who claimed to have been stalked by several people individually, and by people acting in concert. Official Department of Justice documents, obtained through the Freedom of Information Act, reveal that, of the 13% of victim reports of 3 or more stalkers "acting in concert", 41% of subjects in these cases reported that they were the target of teams or groups of stalkers working together. The data for this report were obtained via the 2006 Supplemental Victimization Survey (SVS), conducted by the U.S. Census Bureau for the U.S. Department of Justice.

According to a United Kingdom study by Sheridan and Boon, in 5% of the cases they studied there was more than one stalker, and 40% of the victims said that friends or family of their stalker had also been involved. In 15% of cases, the victim was unaware of any reason for the harassment.

Stalking by groups is also known as Gang stalking.

False claims of stalking and delusions of persecution

In 1999, Pathe, Mullen and Purcell wrote that popular interest in stalking was promoting false claims. In 2004, Sheridan and Blaauw said that they estimated that 11.5% of claims in a sample of 357 reported claims of stalking were false.

According to Sheridan and Blaauw, 70% of false stalking reports were made by people suffering from delusions of persecution. Another study estimated the proportion of false reports that were due to delusions as 64%.

Multiple news reports have described how groups of Internet users have cooperated to exchange detailed conspiracy theories involving coordinated activities by large numbers of people and the use of "psychotronic weapons" and other alleged mind control
Mind control
Mind control refers to a process in which a group or individual "systematically uses unethically manipulative methods to persuade others to conform to the wishes of the manipulator, often to the detriment of the person being manipulated"...

 techniques. These are generally reported by external observers as being examples of belief system
Belief system
A belief system is a set of mutually supportive beliefs. The beliefs may be religious, philosophical, ideological or a combination of these.The British philosopher Stephen Law has described some belief systems as "claptrap" and said that they "draw people in and hold them captive so they become...

s, as opposed to reports of objective phenomena.

Australia

According to a study conducted by Purcell, Pathé and Mullen (2002), 23% of the Australian population reported having been stalked.

Austria

Stieger, Burger and Schild conducted a survey in Austria, revealing a lifetime prevalence of 11% (women: 17%, men: 3%).
Further results include: 86% of stalking victims were female, 81% of the stalkers were male. Women were mainly stalked by men (88%) while men were almost equally stalked by men and women (60% male stalkers). 19% of the stalking victims reported that they were still being stalked at the time of study participation (point prevalence
Point prevalence
In epidemiology, point prevalence is a measure of the proportion of people in a population who have a disease or condition at a particular time, such as a particular date. It is like a snap shot of the disease in time. It can be used for statistics on the occurrence of chronic diseases...

 rate: 2%). To 70% of the victims, the stalker was known, being a prior intimate partner in 40%, a friend or acquaintance in 23% and a colleague at work in 13% of cases. As a consequence, 72% of the victims reported having changed their lifestyle. 52% of former and ongoing stalking victims reported suffering from a currently impaired (pathological) psychological well-being. There was no significant difference between the incidence of stalking in rural and urban areas.

England and Wales

Budd and Mattinson found a lifetime prevalence of 12% in England and Wales (16% female, 7% males).

According to a paper by staff from the Fixated Threat Assessment Centre
Fixated Threat Assessment Centre
In the United Kingdom, the Fixated Threat Assessment Centre is a joint police/mental health unit set up in October 2006 by the Home Office, the Department of Health and Metropolitan Police Service to assess and manage the risk to politicians, members of the British Royal Family, and other public...

, a unit established to deal with people with fixations on public figures, 86% of a sample group of 100 people assessed by them appeared to them to suffer from psychotic illness; 57% of the sample group were subsequently admitted to hospital, and 26% treated in the community.

A similar retrospective study published in 2009 in Psychological Medicine based on a sample of threats to the Royal Family
British Royal Family
The British Royal Family is the group of close relatives of the monarch of the United Kingdom. The term is also commonly applied to the same group of people as the relations of the monarch in her or his role as sovereign of any of the other Commonwealth realms, thus sometimes at variance with...

 kept by the Metropolitan Police Service
Metropolitan Police Service
The Metropolitan Police Service is the territorial police force responsible for Greater London, excluding the "square mile" of the City of London which is the responsibility of the City of London Police...

 over a period of 15 years, suggested that 83.6% of the writers of these letters suffered from serious mental illness.

Germany

Dressing, Kuehner and Gass conducted a representative survey in Mannheim
Mannheim
Mannheim is a city in southwestern Germany. With about 315,000 inhabitants, Mannheim is the second-largest city in the Bundesland of Baden-Württemberg, following the capital city of Stuttgart....

, a middle-sized German city, and reported a lifetime prevalence of having been stalked of about 12%.

United States

Tjaden and Thoennes reported a lifetime prevalence (being stalked) of 8% in women and 2% in males (depending on how strict the definition) in the National violence against women survey.

Australia

Every Australian state enacted laws prohibiting stalking during the 1990s, with Queensland was the first state to do so in 1994. The laws vary slightly from state to state, with Queensland's laws having the broadest scope, and South Australian laws the most restrictive. Punishments vary from a maximum of 10 years imprisonment in some states, to a fine for the lowest severity of stalking in others. Australian anti-stalking laws have some notable features. Unlike many US jurisdictions they do not require the victim to have felt fear or distress as a result of the behaviour, only that a reasonable person would have felt this way. In some states, the anti-stalking laws operate extra-territorially, meaning that an individual can be charged with stalking if either they or the victim are in the relevant state. Most Australian states provide the option of a restraining order in cases of stalking, breach of which is punishable as a criminal offence. There has been relatively little research into Australian court outcomes in stalking cases, although Freckelton (2001) found that in the state of Victoria, most stalkers received fines or community based dispositions.

Canada

Section 264 of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...

, titled "criminal harassment" addresses acts which are termed "stalking" in many other jurisdictions. The provisions of the section came into force in August 1993 with the intent of further strengthening laws protecting women. It is a hybrid offence
Hybrid offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment...

, which may be punishable upon summary conviction
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...

 or as an indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...

, the latter of which may carry a prison term of up to ten years. Section 264 has withstood Charter challenges.

The Chief, Policing Services Program, for Statistics Canada has stated:

"... of the 10,756 incidents of criminal harassment reported to police in 2006, 1,429 of these involved more than one accused."

Japan

In 2000, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

 enacted a national law to combat this behaviour, after the murder of Shiori Ino. Acts of stalking can be viewed as "interfering [with] the tranquility of others' lives" and are prohibited under petty offence
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...

 laws.

Italy

Following a series of high-profile incidents that came to public attention in the past years, a law was proposed in June 2008, and became effective in February 2009, making a criminal offence, punishable with imprisonment ranging from six months up to four years, any "continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, , or others tied to the victim him/herself by an affective relationship, or; (3), forces the victim(s) to change his/her living habits". If the perpetrator of the offense is a subject tied to the victim by kinship or that is or has been in the past involved in a relationship with the victim (i.e. current or former/divorced/split husband
Husband
A husband is a male participant in a marriage. The rights and obligations of the husband regarding his spouse and others, and his status in the community and in law, vary between cultures and has varied over time...

/wife
Wife
A wife is a female partner in a marriage. The rights and obligations of the wife regarding her spouse and others, and her status in the community and in law, varies between cultures and has varied over time.-Origin and etymology:...

 or fiancée), and/or if the victim is a pregnant woman or a minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...

, the sanction can be elevated up to six years of incarceration.http://www.pariopportunita.gov.it/DefaultDesktop.aspx?doc=1924

United Kingdom

There is no offence which is described in law as "stalking". An attempt to create such an offence by the Stalking Bill 1996
Stalking Bill 1996
There is no offence which is described in law as "stalking" in the UK. An attempt to create such an offence by the Stalking Bill 1996 failed. The bill was presented to Parliament by Janet Anderson under the Ten Minute Rule, with support from 64 other MPs...

 failed. It was felt that the proposed offence failed to distinguish between reasonable and unreasonable conduct.

In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, "harassment" was criminalised by the enactment of the Protection from Harassment Act 1997
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 is a piece of United Kingdom law which, among other things, criminalises and creates a right to protection from stalking and persistent bullying in the workplace.-Definition:...

, which came into force on June 16, 1997. It makes it a criminal offence, punishable by up to six months imprisonment, to pursue a course of conduct which amounts to harassment of another on two or more occasions. The court can also issue a restraining order, which carries a maximum punishment of five years imprisonment if breached. In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, liability may arise in the event that the victim suffers either mental or physical harm as a result of being harassed (or slang term stalked) (see R. v. Constanza
R. v. Constanza
R. v. Constanza [1997] 2 Cr App Rep 492 is an English case, which was heard by the Criminal Division of the Court of Appeal on appeal from the Crown Court and is well-known for establishing the legal precedent in English criminal law, that assault could be committed by causing the victim to...

).

Already before the enactment of the Act, the Malicious Communications Act 1988
Malicious Communications Act 1988
The Malicious Communications Act 1988 is a British Act of Parliament that makes it illegal in England and Wales to "send or deliver letters or other articles for the purpose of causing distress or anxiety"....

 and the Telecommunications Act 1984 (now the Communications Act 2003
Communications Act 2003
The Communications Act 2003 is an Act of the Parliament of the United Kingdom. It gave regulation body Ofcom its full powers. Among other measures, it introduced legal recognition of Community Radio and paved the way for full-time Community Radio services in the UK; as well as controversially...

) criminalised indecent, offensive or threatening phone calls and the sending of an indecent, offensive or threatening letter, electronic communication or other article to another person.

Obtaining evidence of stalking is a simple procedure using the Regulation of Investigatory Powers Act which enables the authorities to quickly obtain records of communication.

In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

, provision is made under the Protection from Harassment Act against stalking. It is not a criminal offence, however, but falls under the law of delict. Victims of stalking may sue for interdict against an alleged stalker, or a non-harassment order, breach of which is an offence.

United States

The first state to criminalize stalking in the United States was California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 in 1990 due to several high profile stalking cases in California, including the 1982 attempted murder of actress Theresa Saldana
Theresa Saldana
Theresa Saldana is an American actress, known for her work in motion pictures and television. She is perhaps best known for her role as Rachel Scali, the wife of Police Commissioner Tony Scali, in the 1990s television series The Commish, for which she received a Golden Globe nomination for Best...

, the 1988 massacre by Richard Farley
Richard Farley
Richard Wade Farley is an American convicted mass murderer. A former employee of Electromagnetic Systems Labs in Sunnyvale, California, he stalked co-worker Laura Black for four years beginning in 1984...

, the 1989 murder of actress Rebecca Schaeffer
Rebecca Schaeffer
Rebecca Lucile Schaeffer was an American actress best known for her role in the sitcom My Sister Sam...

, and five Orange County
Orange County, California
Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...

 stalking murders also in 1989. The first anti-stalking law in the United States, California Penal Code Section 646.9, was developed and proposed by Municipal Court Judge John Watson of Orange County
Orange County, California
Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...

. Watson with U.S. Congressman Ed Royce
Ed Royce
Edward Randall "Ed" Royce is the U.S. Representative for , and previously the 39th, serving in Congress since 1993. He is a member of the Republican Party. The district lies in northern Orange County, including portions of Stanton, Cypress, Buena Park, Fullerton, Anaheim, Placentia, and Orange...

 introduced the law in 1990. Also in 1990, the Los Angeles Police Department
Los Angeles Police Department
The Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...

 (LAPD) began the United States' first Threat Management Unit
Threat Management Unit
In civilian law enforcement, a Threat Management Unit is a police department team that handles cases of harassment or stalking. The Los Angeles Police Department created the first Threat Management Unit, the Los Angeles Police Department Threat Management Unit, in 1990 after the murder of actress...

, founded by LAPD
Los Angeles Police Department
The Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...

 Captain Robert Martin.

Within three years thereafter, every state in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 followed suit to create the crime of stalking, under different names such as criminal harassment or criminal menace. The Driver's Privacy Protection Act
Driver's Privacy Protection Act
The Driver's Privacy Protection Act of 1994 is a United States federal statute governing the privacy and disclosure of personal information gathered by state Departments of Motor Vehicles. The law was passed in 1994; it was introduced by Rep...

 (DPPA) was enacted in 1994 in response to numerous cases of a driver's information being abused for criminal activity, examples such as the Saldana
Theresa Saldana
Theresa Saldana is an American actress, known for her work in motion pictures and television. She is perhaps best known for her role as Rachel Scali, the wife of Police Commissioner Tony Scali, in the 1990s television series The Commish, for which she received a Golden Globe nomination for Best...

 and Schaeffer
Rebecca Schaeffer
Rebecca Lucile Schaeffer was an American actress best known for her role in the sitcom My Sister Sam...

 stalking cases. The DPPA prohibits states from disclosing a driver's personal information without consent by State Department of Motor Vehicles
Department of Motor Vehicles
In the United States of America, a Department of Motor Vehicles is a state-level government agency that administers vehicle registration and driver licensing. Similar departments exist in Canada...

 (DMV). As of 2011, stalking is an offense under section 120a of the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....

 (UCMJ). The law took effect on 1 October 2007.

See also

Further reading

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