HARASSMENT AND STALKING

In the UK, harassment and stalking are both criminal offences, but they are defined under separate legal frameworks.

1. Harassment

Harassment is primarily covered under the Protection from Harassment Act 1997. The Act makes it an offense for a person to engage in a course of conduct that causes another person to suffer harassment, alarm, or distress. This includes repeated actions such as unwanted communications, following someone, or any behaviour that creates an intimidating or hostile environment.

Key Points of Harassment:

• Course of conduct: The offence occurs if the behaviour is part of a repeated or ongoing pattern of actions, not just isolated incidents.
• Harassment, alarm, or distress: The behaviour must be likely to cause harm, including emotional or psychological harm. It is not necessary for the victim to have been physically harmed.
• Examples: Unwanted phone calls, text messages, social media messages, or showing up at someone’s house repeatedly.

Civil Remedies:

Victims of harassment can also apply for a civil injunction under the Protection from Harassment Act. This injunction can order the harasser to stop the behaviour and may include other terms, such as staying a certain distance away from the victim.

2. Stalking

Stalking is a more specific and serious offence, codified under Section 2A of the Protection from Harassment Act 1997 and the Stalking Protection Act 2019.

Key Points of Stalking:

• Course of conduct: Similar to harassment, stalking involves a pattern of behaviour. However, stalking usually involves a more intense or obsessive form of conduct.
• Acts of stalking: This can include:
  • Following someone.
  • Watching or spying on them.
  • Contacting them repeatedly, even after being asked to stop.
  • Sending unwanted gifts or messages.
  • Gathering information about the person (e.g., through social media, surveillance, etc.).

Stalking is often seen as more harmful and dangerous than general harassment because it can lead to a fear of violence or cause significant psychological trauma for the victim.

Stalking Protection Orders (SPOs):

Introduced by the Stalking Protection Act 2019, these orders allow police to seek a Stalking Protection Order for someone who is suspected of stalking, even if no arrest has been made. The order can place restrictions on the alleged stalker, such as prohibiting them from contacting the victim or going to certain places.

Differences Between Harassment and Stalking:

• Severity of behaviour: Stalking often involves more serious, obsessive behaviour, and a sense of fear or intimidation. Harassment can be less intense but still causes distress.
• Protection Orders: Stalking has specific Stalking Protection Orders available under the law, while harassment typically relies on civil injunctions or criminal convictions.

Both offences are taken seriously in UK law due to the impact on victims, which can range from emotional distress to physical danger.