Assessment of the Impact of Stalking Legislation

• NCJ Number: 198332
• Author(s): Yvette Nash; Shaynie Paton; Chris Wight; Rachel Nicolson; Inez Dussuyer
• Date Published: 1999
• Length: 10 pages
• Sale Source: Australian Institute of Criminology
• Publication Format: Document (Online)
• Publication Type: Conference Material
• Language: English
• Country: Australia
• Note: Downloaded December 26, 2002. Paper presented at the Restoration for Victims of Crime Conference convened by the Australian Institute of Criminology in conjunction with Victims Referral and Assistance Service held in Melbourne, September 1999.

Annotation

This paper discusses the results of a study designed to assess the impact of stalking legislation in Victoria, Australia.

Abstract

Focusing on stalking in Victoria, Australia, this paper discusses the results of a study designed to assess stalking legislation impacts. After describing the introduction of the offense of stalking into the Victorian Parliament’s Crimes Act 1958, the authors briefly discuss previous studies on stalking behavior, arguing that there are no studies that address the ways in which stalking behavior is perceived and used by justice agencies, including police and magistrates. Describing trends in police statistics concerning stalking behavior, the authors demonstrate that the number of offenders processed by police in Victoria for stalking behavior rose from 265 in 1995-1996 to 738 in 1997-1998, reflecting a 59.5 percent increase in stalking incidents. Focusing on trends in court statistics, the authors maintain that the number of stalking charges finalized in the Magistrates Court increased from 72 in 1995 to 521 in 1998, with intervention orders predominating over criminal actions concerning stalking, in the courts. Addressing police and magistrates’ perceptions, police officers indicated that they were reasonably or very familiar with the criminal offense of stalking more often than they were aware of the civil remedy of stalking, and magistrates tended to rate stalking legislation as less effective in protecting the rights of defendants than did police. After briefly suggesting improvements to stalking legislation provisions and describing a recent stalking case in Victoria, the authors argue that media coverage on the role of the justice system in dealing with stalking behavior is sporadic at best.