Know your rights: The laws around stalking and harassment
Overview
Stalking and harassment is a crime and within the UK there are laws protecting those who are experiencing it.
If found guilty, stalkers now face up to 10-years imprisonment. As well as this, they can get indeterminate restraining orders which if breached, can result in more prison time.
Along with the above (and at the time of writing) the Home Office are planning to introduce new legislation which gives victims of stalking the right to know the identity of their perpetrator.
This is especially important in the 21st century, where online stalking often happens anonymously. Knowing the identity of a stalker will help victims to feel safer and prevent stalkers from exploiting a lack of knowledge around their identity.
In further measures to tackle stalking, victims will also be given more protection from offenders by making Stalking Protection Orders (SPO) more widely available.
SPO’s came into force in January 2020 and is a civil order to protect victims of stalking. It must be applied for by the Police and is at no cost to the victim. A breach of a SPO is a criminal offence.
This order can include preventative conditions such as:
- Entering a certain location (may be where the victim lives and works)
- Contacting the victim (directly via phone, social media for example or via a friend or family member
The order may also contain other requirements for the perpetrator such as:
- Undergo a mental health assessment
- Undertake a drugs and alcohol rehabilitation programme
- Attend a stalking/perpetrator intervention
- Provide the Police access to social media accounts, surrender their devices and provide Police with passwords
- Sign on at a Police station
The Protection from Harassment Act 1997, Crime and Disorder Act 1998 and Stalking Protection Act 2019 protect people from behaviour that is both repeated and unwanted.
If you’re experiencing domestic abuse related stalking and harassment, you just need two incidences to be able to report it to the Police. You can do this via 101, their online service and also by visiting a Police station. Whichever way you choose to report, make sure you have all of your evidence ready.
I think I’m being stalked and/or harassed, what do I do?
If you’re ever in an emergency situation, call 999 immediately.
If you think you’re being stalked and harassed, it’s important to:
- Log all incidences personally e.g. in a notebook with dates, times and what happened
- Log all incidences with the Police
- If you need support, contact NIDAS
What happens when you report stalking and harassment to the Police?
Norfolk Constabulary will conduct an investigation into stalking and harassment cases, and will stay in contact with you throughout the investigation.
In some cases, victims of stalking or harassment may need temporary or longer-term housing alternatives. It might be that you need a court order to prevent the perpetrator approaching you, or perhaps you need emotional and practical support.
The Police work alongside NIDAS, who can assist with aftercare for you and your family.
If you need to attend court there are also support services available so that you don’t feel overwhelmed or alienated by the legal process, including specially trained Independent Domestic Violence Advisors at NIDAS.
What happens when you reach out to NIDAS for support?
Our specially trained support staff will listen to you, believe you, and work with you to decide how you can best be supported. Our support is confidential (with the exception of safeguarding concerns), free and non-judgmental.
Our service is centered around you. You will only have to tell your story once, and we will listen to you and assess your needs, the level of risk you are experiencing, and work with you to offer you a range of options that meet your needs.
You don’t have to report to the Police, however we can support you if you would like to do so.
Click here to contact us now.
If you feel you’re in immediate danger, always call the Police on 999.
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