Legislative and Criminal Justice Responses to Stalking in the Context of Domestic Violence (From Stalking: Criminal Justice Responses, P 1-9, 2000, Australian Institute of Criminology -- See NCJ-188298)

• NCJ Number: 188311
• Author(s): Natalie Gouda
• Date Published: 2000
• Length: 9 pages
• Sale Source: Australian Institute of Criminology
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia
• Note: Paper from the conference, "Stalking: Criminal Justice Responses," organized by the Australian Institute of Criminology, December 7-8, 2000, in Sydney. Downloaded May 14, 2001

Annotation

This paper examines the nature and effectiveness of legislative and criminal justice responses to stalking in Australia in the context of domestic violence.

Abstract

In Australia there are two main ways in which legislation and the criminal justice system address stalking. One is through the offense of stalking/intimidation, which was introduced in New South Wales in 1993; and the other is through the use of Apprehended Violence Orders (AVO's). A complaint for an AVO may be made either by the person in need of protection or by the police on that person's behalf. The police are obliged to apply for an AVO when a domestic violence offense, a stalking/intimidation offense, or an act of child abuse has recently been, is being, or is likely to be committed or is imminent. Although stalking in itself must be taken seriously in the criminal justice system, legislation cannot offer a cure-all. An effective response to the crime of stalking is unlikely to be found in the criminal justice system alone. The U.S. National Institute of Justice recommends a "multidisciplinary approach that would integrate strategies for protecting victims, apprehending and prosecuting offenders, managing convicted stalkers, providing services for stalking victims, and, if appropriate, providing evaluation and treatment for stalking defendants." This approach should involve law enforcement, the judiciary, corrections, social services, advocacy groups, and community organizations. 51 notes