DEFININGDEFININGSTALKINGSTALKING

HISTORYHISTORYUS Stalking Legislation 1990Case Study: Stalking and murder of actor

Rebecca Schaeffer

Australian Stalking Legislation 1993Case Study: R v Case

HOW TO DEFINE STALKINGHOW TO DEFINE STALKING

RepeatedPersistentUnwantedCommunication/contact

AUSTRALIAN AUSTRALIAN LEGISLATIONLEGISLATION

SUMMARYSUMMARY

VICTORIAVICTORIA

Crimes Act 1958Section 21A Stalking

QUEENSLANDQUEENSLAND

Criminal Code Act 1899Chapter 33A

Section 359 Unlawful Stalking

NEW SOUTH WALESNEW SOUTH WALES

Crimes (Domestic & Personal Violence) Act 2007Section 8

SOUTH AUSTRALIASOUTH AUSTRALIA

Criminal Law Consolidation Act 1935Division 5 StalkingSection 19AA Unlawful Stalking

AUSTRALIAN CAPITALAUSTRALIAN CAPITALTERRITORYTERRITORY

Crimes Act 1900 (Australia Capital Territory)Section 35 Stalking

WESTERN AUSTRALIAWESTERN AUSTRALIA

Criminal Code Act Compilation Act 1913Chapter XXXIIIB —StalkingSection 338D.

TASMANIATASMANIA

Criminal Code Act 1924Section 192 Stalking

PERPETRATOR PERPETRATOR BEHAVIOURBEHAVIOUR

Communications are usually via:Telephone (including answering machine, messages and SMS text messages), letter, notes or graffiti, faxes or email, "gifts" or other unwanted material.

Unwanted contacts are usually by means of:Direct approaches to the victim, following, loitering outside the victim's home, workplace, or other places the victim frequents, and maintaining surveillance or spying.

Other behaviours may be associated with stalking, such as:Interfering with or damaging the victim's property, ordering or cancelling goods and services on the victim's behalf (e.g., cancelling phone or gas accounts, ordering pizzas or taxis), spreading malicious gossip, initiating false legal actions against the victim, contacting family or friends and threats to harm loved ones (particularly the case if the victim moves home)

DISTINGUISH FROM?DISTINGUISH FROM?

Attempting to develop a relationship??? Trying to re-establish a broken

relationship????Retaliation against the termination of a

relationship?Walking the same route???Being in the same place at the same time

– Coincidence or Not???

CASE STUDY:CASE STUDY:TRACEY MORGANTRACEY MORGAN

HELPING VICTIMSHELPING VICTIMS

Evidence GatheringInforming the other party

‘I ______ advise you _______ that your privilege to contact me by ANY means is revoked. ANY breach of this request will be regarded as harassment and/or intimidation and I will seek legal action against you.’

EVIDENCE GATHERINGEVIDENCE GATHERING

Keeping a diaryDisposable CameraInform trusted others‘OOO’Close circuit surveillance camera’sVideo Camera’s

APPREHENDED VIOLENCE APPREHENDED VIOLENCE ORDERSORDERS

MANDATORY ORDERS1a. The defendant must not assault, molest,

harass, threaten or otherwise interfere with the PINOP or any other person whom the PINOP has a domestic relationship.

1b. The defendant must not engage in conduct that intimidates the PINOP or any other person whom the PINOP has a domestic relationship

1c. The defendant must not stalk the PINOP or any other person whom the PINOP has a domestic relationship

STATISTICSSTATISTICSHow common is How common is

Stalking?Stalking?

CASE STUDYCASE STUDYEVELINA GAVRILOVICEVELINA GAVRILOVIC

NSW RECORDED CRIME NSW RECORDED CRIME STATISTICSSTATISTICS

March Quarter 2008March Quarter 2008Harassment, threatening behaviour and

private nuisance2007, 2008

Other offences against the person 2007, 2008

QUEENSLAND POLICEQUEENSLAND POLICEREPORTED OFFENCESREPORTED OFFENCES

Number of reported stalking cases:2006/20072007/2008

Cleared offences in Queensland2006/20072007/2008

VICTORIAN POLICEVICTORIAN POLICESTALKING STATISTICSSTALKING STATISTICS

Stalking another person2006/2007

Stalking another person2007/2008

Clearance rates of reported stalking cases

THANKYOUTHANKYOU