Stalking and Online Harassment
Stalking is a criminal offence that occurs when a person repeatedly follows, approaches, contacts, or threatens another person in a way that causes fear or anxiety. Stalking can take many forms, including physical stalking, online stalking (cyberstalking), and stalking through a third party.
In Victoria, section 21A of the Crimes Act 1958 states that it is a crime to stalk someone with the intention of causing physical or mental harm, or with the intention of causing the victim to fear physical or mental harm.
- The accused intentionally engaged in a ‘course of conduct’ that included conduct of the type described in section 21A(2); and
- The accused either:
- Committed that course of conduct with the intention of causing physical or mental harm to the victim, including self-harm, or of arousing apprehension or fear in the victim for his or her own safety or that of any other person; or
- Knew that engaging in a course of conduct of that kind would be likely to cause such harm, or arouse such apprehension or fear; or
- Ought to have understood that engaging in a course of conduct of that kind would be likely to cause such harm, or arouse such apprehension or fear, and that it actually did have that result.
- The accused must have engaged in a course of conduct;
- The course of conduct must have included conduct of the type or nature described in section 21A(2):
- Following the victim or any other person;
- Contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever;
- Publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material
- relating to the victim or any other person; or
- purporting to relate to, or to originate from, the victim or any other person;
- Causing an unauthorised computer function in a computer owned or used by the victim or any other person;
- Tracing the victim’s or any other person’s use of the Internet or of e-mail or other electronic communications;
- Entering or loitering outside or near the victim’s or any other person’s place of residence or place of business or any other place frequented by the victim or the other person;
- Interfering with property in the victim’s or any other person’s possession (whether or not the offender has an interest in the property);
- Making threats to the victim;
- Using abusive or offensive words to or in the presence of the victim;
- Performing abusive or offensive acts in the presence of the victim;
- Directing abusive or offensive acts towards the victim;
- Giving offensive material to the victim or any other person or leaving it where it will be found by, given to, or brought to the attention of, the victim or the other person;
- Keeping the victim or any other person under surveillance; and
- Acting in any other way that could reasonably be expected —
- to cause physical or mental harm to the victim, including self-harm;
or - to arouse apprehension or fear in the victim for his or her own safety or that of any other person — with the intention of causing physical or mental harm to the victim, including self-harm, or of arousing apprehension or fear in the victim for his or her own safety or that of any other person.
- to cause physical or mental harm to the victim, including self-harm;
- The accused must have committed those acts intentionally.
As a minimum, a ‘course of conduct’ can mean that the acts have been committed on more than one occasion, or have been protracted in nature.
Some individuals can legally commit the conduct referred to above. For example, the conduct does not apply to a person performing official duties for the purpose of enforcing the criminal law.
The Commonwealth has related laws. Under Commonwealth law, it is a crime to use a telecommunications device, such as a phone or the internet, to transmit harassing, threatening, or menacing material. This offence is stated in section 474.17 of the Criminal Code Act 1995 (Cth). The maximum penalty for this offence is three years’ imprisonment.
Penalties for stalking can be severe, including fines, Community Correction Orders, and imprisonment. If you have been charged with stalking it is important that you contact Elizabeth as soon as possible to receive legal advice and representation. The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law.