Owen Bowcott, legal affairs correspondent 

Stalking prosecutions rise by 20% under new law on harassment

Behaviour 'causing serious distress' leads to prosecution of 10,535 people, as CPS and Acpo pledge better victim support
  
  

Model posing, stalked person on street
Prosecutions are expected to increase as victims become more confident about contacting the police. Photograph: Rex Features/Image Source (Posed by models) Photograph: Rex Features/Image Source

Prosecutions for stalking and harassment increased by more than 20% last year following the enforcement of a new law that criminalises behaviour causing serious alarm or distress.

The number of cases are expected to grow, according to Alison Saunders, the director of public prosecutions, as victims become more confident about coming forward to seek help, and as cyber-stalking becomes more prevalent.

The figures have been released as the Crown Prosecution Service and the Association of Chief Police Officers (Acpo) publish details of an agreement to improve cooperation and provide greater support to victims who have been repeatedly followed, contacted, spied on or threatened.

Last year, marking a rise of almost 22%, 10,535 people in England and Wales were prosecuted for stalking and harassment, compared to 8,648 people in 2012/13, the CPS revealed.

Convictions and the number of restraining orders issued have also risen. More than 700 of the cases last year were brought under the Protection of Freedoms Act 2012 which introduced fresh powers to charge stalkers even when they do not directly threaten the targeted person.

The law, which came into force late 2012, makes it an offence to follow, contact, monitor the email of, loiter near, watch or spy upon, someone if it causes "serious alarm or distress" and has a "substantial adverse effect" on their usual day-to-day activities.

The new agreement between the CPS and Acpo notes: "Stalking offences can also be committed in an online environment, [such as] through social media platforms. The principles for investigating 'online' stalking are the same as those that apply to any form of stalking."

It also reminds police and prosecutors to ensure that victims have the opportunity to provide a personal statement to court; to investigate why any victim withdraws a complaint to check it is not due to pressure; and to consult victims on bail and restraining orders for suspects.

The CPS said there had also been a sharp increase in the number of breaches of restraining and non-molestation orders, the majority of which relate to domestic violence and can involve stalking-like behaviour. Prosecutions rose by 14.6% in 2013/14 to 18,149 cases.

The DPP said: "I hope the increase is partly because victims are more confident in coming forward. Online stalking may perhaps be more visible. It leaves an evidential trail and provides the evidence to prosecute. The new act is working well. Prosecutors have a range of offences they can look at to bring cases to court. I expect the number of cases to rise as we get more allegations.

"Stalking and harassment is about the control of others and its impact can be devastating. Stalking creates an environment of continual fear with many victims feeling not only in physical danger but also suffering psychological distress as a result.

"We have done a lot of work with prosecutors so they are aware of the impact of the crime and of the importance of obtaining restraining orders even after acquittals."

Last year 1,667 restraining orders were secured following not-guilty verdicts.

The national policing lead for stalking and harassment, Garry Shewan, an assistant chief constable, said: "More people than ever are being prosecuted and convicted for stalking but we know that there are still many more stalkers getting away with it and victims at risk who are suffering immensely.

"We are determined to increase the number of stalkers brought to justice and ensure that measures are put in place to protect victims even if a conviction isn't possible. If police and prosecutors follow this protocol we can achieve this aim."

Laura Richards, chief executive of Paladin, which supports stalking victims, welcomed the guidance but said: "Specialist led training is vital and the lack of investment in prosecutors' training to date has resulted in many of our victims being continually let down and put further at risk. This must be made a reality in prosecutors' day-to-day practice to ensure stalkers are put before the courts and that [there are] appropriate sentences and treatment."

Rachel Griffin, director of the Suzy Lamplugh Trust, the charity that runs the National Stalking Helpline, said: "Stalking is a highly complex crime that has devastating impacts on a victim and because of this we are pleased that the very real issue of online stalking has been addressed in the protocols. The next steps have to be to ensure that all officers are trained to ensure that the guidance in the protocols become a reality for every victim of stalking."

The solicitor general, the MP Robert Buckland QC, said: "Stalking and harassment is about control. Victims often do not feel confident to come forward. I am confident that this protocol will offer reassurance to those who are subject to this terrible crime. It sends a clear message: you will be taken seriously and the police will focus on building strong cases for prosecution from the outset."

'You don't know where he is hiding'

Tina, a mother of two, endured a relationship that ended with her ex-partner attacking her with a claw hammer. He was convicted of affray. Since then she has been repeatedly stalked.

"He received a suspended sentence," she recalled. "A week later a neighbour said she saw him climbing over the fence with a petrol can. We called the police and eventually he was remanded again for another trial but they said there wasn't enough evidence.

"There was a ban on him coming [within 100 yards of the home] but he was often in the pub he used to frequent. He would sit in his car watching me. There was a restraining order but it wasn't sufficient. The Crown Prosecution Service wouldn't change it [at first] so I had to get a non-molestation order.

"There were abusive text messages. He said I was only doing what the police had told me to do. He would appear at the end of my road every other day. He would make gestures: two fingers at his head as though shooting me and his hand across his throat. Then he would laugh.

"On one occasion he had driven past me on a country lane. He was chasing me and I panicked, stopping at a pub where there were lots of people. Another time I was walking to my garage to pick up my car and and thought he was following me and hid behind bushes.

"The council have made my bedroom into a sanctuary, with security locks and fireproof doors. But stalking is very scary because you don't know where he is. You don't know where he is hiding when you go out to your car.

"I always walk around my car to check. I don't stand near bushes. I don't park near corners or dark places. I always feel to see I have a key in my pocket as a defence weapon. It's not a good way to live."

Tina, not her real name, has been supported by the advice service Paladin which supports high-risk victims of stalking.

 

Leave a Comment

Required fields are marked *

*

*