Is Stalking Legislation Effective in Protecting Victims? (From Stalking: Criminal Justice Responses, P 1-133, 2000, Australian Institute of Criminology -- See NCJ-188298)

• NCJ Number: 188302
• Author(s): Inez Dussuyer
• Date Published: 2000
• Length: 133 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 study examined the impact of Victoria's (Australia) stalking legislation on the criminal justice system in the 4 years from its introduction in Victoria in 1994.

Abstract

Stalking legislation was introduced in Victoria by the Crimes (Amendment) Act 1994. Section 21A of this act provides that it is an offense for a person to stalk another person. It is punishable by a maximum of 10 years imprisonment. Section 21A(5) of the act provides that a person who is being stalked by another person can apply under the act 1987 for an intervention order against that person. In evaluating the impact of this legislation, this study assessed the extent to which the legislation was being used for the purposes intended as well as the legislation's impact on the justice system. The study also identified issues that might affect the effective use of the legislation. The implementation of the criminal and civil components of the stalking legislation was assessed through an overview of stalking legislation in Victoria and other parts of Australia, an analysis of trends in police and magistrates' court statistics, a survey of 245 police and 16 magistrates regarding their knowledge of and experience with stalking, and an analysis of representations of stalking in the media. Overall, both police and magistrates who participated in the survey considered the Victorian stalking legislation to be effective, and there have been few difficulties in integrating the stalking legislation into the Victorian justice system. A possible area for reform is to enable the legislation to deal more directly with an offender who engages in a pattern of conduct that may not currently constitute stalking due to the fact that the offender does not target the same victim more than once. Another area for possible reform is to ensure that stalking legislation protects individuals who are not aware that they are being stalked. 40 tables, 39 figures, the survey questionnaire, and a 38-item bibliography