NCJ Number
174090
Date Published
1996
Length
17 pages
Annotation
This report examines the current legal situation and proposals to address stalking in England and Wales to deal with the concerns of victims while ensuring that those who are going about their everyday activities are not affected.
Abstract
The civil and criminal law in England and Wales does not define stalking. Specific legislation to deal with the problem has been proposed. Existing laws can address some of the behavior associated with stalking, but victims and the police have complained that provisions in the civil and criminal law do not offer adequate protection to victims. Stalkers vary widely in their motives, methods and victims. Problems involved in legislating against talking include defining stalking, the lack of legislation in other countries that provide a model for direct use in England and Wales, lack of agreement in overseas laws on the issue of intent, and the difficulty of enacting a statute under the criminal law of England and Wales that could replicate the wide powers of the Scottish courts to interpret common-law offenses such as breach of the peace. However, the government proposes a new tort of molestation and two new criminal offenses. Maximum penalties would be 5 years of imprisonment, an unlimited fine, or both. It would be a defense to both the tort and criminal offenses for a person to show that the actions were reasonable under the course of the person's profession, trade, business, or other lawful activity. Address to which to send comments on the proposals