B Explanatory
memorandum by Ms Wurm, rapporteur
1 Introduction
1. I would like to start this report with the case of
Anna, 22, who was studying and working part-time, whilst living
with her mother and younger brother.
Anna had a boyfriend named Adam
for 12 months. He was never physically abusive, but he was controlling
and did not like her having friends he did not know or going out
without his permission. Anna ended the relationship after an argument
about his objecting to her going on a university trip. After the relationship
ended, Adam texted and called her repeatedly to apologise and ask
for her back. He said he loved her and could not live without her,
but also that he would harm himself if she did not respond. Anna
told him that she did not want him to contact her. Adam then started
contacting Anna’s family and friends. Sometimes he followed her
brother home.
At this point Anna went to the police, but they said that,
as Adam was not contacting her directly any more, he was not committing
an offence. Anna was starting to feel very afraid, she could not
sleep or eat and was doing badly at university. Then she started
to receive e-mails from an anonymous source, stating that there
were nude photos of her on the Internet, calling her a whore and
stating that she deserved to die. She noted the IP address of the
e-mails and took the e-mails to the police who said that there was
no way they could trace them.
The police said there was nothing further they could do.
Two nights later, Anna’s mother received a call from the police
saying that Adam had been found trying to break into their house
whilst everyone had been out. Later that day, as Anna was leaving
work, Adam forced her into his car, drove her to a secluded spot
where he strangled her and then killed himself. It was later revealed
that Adam had previously been convicted of a serious assault on
another ex-girlfriend, for which he had been jailed. He had been released
shortly before he started dating Anna. The police had been aware
of this information, but not shared it with Anna or other agencies.Note
Anna is one among too many victims of stalking. How many Annas
are facing danger today in Council of Europe member States?
2 Definition
of stalkingNote
2. Stalking has always existed, but the use of the term
“stalking” for the phenomenon in question dates back only to the
late 1980s, originating in California. The term takes a number of
pre-existing behaviour patterns often viewed in isolation and combines
them into a single entity. The value of characterising and naming
a phenomenon is that it enables a new understanding of a problem
and of its seriousness and, in doing so, permits a coherent social
and legal response.
3. The term “stalking” covers in fact a constellation of behaviour
patterns which fall into five categories:
Note
a communication: with the victim
by telephone or in written or electronic form, including text messages,
e-mail and use of the Internet;
b physical intrusion into a person’s life: following, surveillance,
loitering nearby, direct approach, breaking into their home, going
to their place of work, or approaching their friends or relatives;
c impersonation: acts undertaken by the perpetrator in
the name of the victim, such as cancelling services, ordering goods,
resigning from their job or sending malicious letters or e-mails
to others;
d use of proxies: the recruitment of others to harass the
victim, for instance through false complaints to the police, professional
bodies or spurious legal action, or recruiting others to engage
as surrogates in stalking activities;
e denigration campaigns: the spreading of false and malicious
accusations or gossip, through use of posters, leaflets, advertisements
and, increasingly, the publication of material on the Internet and
social network sites (Twitter and Facebook) with poisonous or embarrassing
content (sexual photographs).
4. Whilst many stalking behaviours constitute a crime in their
own right, it is the combination and protracted nature of otherwise
apparently innocuous behaviour, such as making telephone calls and
writing letters, that often typify the destructive aspect of the
stalking phenomenon. Stalking is therefore sometimes characterised as
“psychological rape” or “psychological terrorism”. Making unwanted
telephone calls or writing pleading letters are, to an extent, part
of the normal fabric of human behaviour, for instance at the end
of a relationship. However, it is when they persist in an intrusive
manner that the behaviours assume a different quality.
5. Stalking is a behaviour rather than a disorder. There are
different forms of motivation which lead individuals to commit this
particular form of malicious persecution. However, there is an increasing
body of evidence concerning the causes of this behaviour, how the
risk to the victim and societal institutions can be assessed, the
most effective legal means of tackling the problem, and the most
efficient ways of dealing with stalkers, including both criminal
justice solutions and psychological treatments.
6. Stalking is a pattern, consisting of acts intruding into a
person’s private life which increase in intensity over time and
can lead to physical violence (“aggravated stalking”). Often it
is not only the primary victim who is stalked, but also close friends
and family.
7. Between 80 and 90% of stalkers are male and around 80% of
victims are female.
Note The
mean age of stalkers is early-to-mid-thirties, but with a wide range.
Stalkers and their victims come from all backgrounds. Often, women
are stalked after a relationship has come to an end. Although some
famous women, especially from show business, have recently publicly
declared themselves victims of stalking, it would be erroneous to think
that this form of violence affects mainly celebrities. People in
high-profile positions, such as actresses and politicians, are often
a target of stalkers, but the majority of victims are ordinary women,
from all walks of life.
8. Primary victims can be classified in terms of their relationship,
if any, with the stalker. These fall into three groups: those formerly
in a close relationship with the victim (such as sexual partners,
estranged family members and friends); casual acquaintances; and
complete strangers. This is the basis of some classifications of
stalking.
Note The
proportion of stalkers known to their victims varies between studies;
Note however, strangers probably form the
largest group, followed by acquaintances and then former intimates.
Secondary victims are those targeted by the stalker due to their
connection with the primary victim, such as friends, family, a new partner,
work colleagues or the police.
9. Perpetrators turn to stalking for very different reasons.
There are five categories of stalkers: the rejected, intimacy seekers,
the incompetent, the resentful and the predatory:
Note
- the rejected stalker commences
stalking after the breakdown of an important relationship that was usually,
but not always, sexually intimate in nature. In this group, the
stalking reflects a desire for reconciliation, revenge or a fluctuating
mixture of both;
- the intimacy seeker desires a relationship with someone
who has engaged his or her affection and who he or she is convinced
already does, or soon will, reciprocate that love despite obvious
evidence to the contrary;
- the incompetent suitor also engages in stalking to establish
a relationship. However, unlike the Intimacy Seeker, he or she is
simply seeking a date or a sexual encounter;
- the resentful stalker sets out to frighten and intimidate
the victim to exact revenge for an actual or supposed injury. Resentful
stalkers differ from Rejected stalkers in that the cause of their
resentment does not lie in rejection from an intimate relationship;
- the predatory stalker engages in pursuit behaviour in
order to obtain sexual gratification or in preparation for an attack,
usually sexual.
3 Cyberstalking as
an increasingly frequent phenomenon
10. Cyberstalking involves the persistent and threatening
online presence of an unwanted individual. Like physical stalkers,
cyberstalkers intrude into the lives of victims in frightening and
unpredictable ways. This kind of stalker uses technology to mediate
their activities – they are able to make repeated unwanted intrusions,
at any time, regardless of whether they or their victim are physically
present.
11. Use of the Internet and of social media as tools for stalking
is becoming increasingly widespread. It presents a particular challenge
to those seeking to prevent stalking or to intervene in stalking
cases. Attacks appear to fall into three main clusters, which may
occur singly or in combination:
- direct
communication, where threatening and unpleasant material and/or
electronic sabotage is sent directly to the victim by the stalker
– who may or may not have concealed their identity or assumed another
identity;
- indirect communication occurs where information is posted
or circulated about the victim in online environments;
- misrepresentation of the victim online, where the victim’s
identity is used by another to enact behaviour likely to cause offence.
12. A recent study in the United Kingdom, the ECHO (Electronic
Communication Harassment Observation) project, was designed to collect
information specifically about cyberstalking. It reported the experiences
of self-defined victims of cyberstalking, or of those primarily
victimised through cyberstalking. The results provide a complex
and disturbing picture. Typically, attacks impacted and violated
all aspects of online life, an individual’s online reputation, their
physical and psychological health, as well as their economic functioning.
Frequently, the harasser is not identified and remains unknown to
the victim. In these cases, the added unpredictability of anonymity
makes risk even harder for the victim to assess on a daily basis
and therefore may increase the level of anxiety and fear.
13. Given the degree of
harm caused by cyberstalking, the lack of support from agencies
and from victims’ personal networks such as family, friends and
work colleagues is striking. Sixty-one
per cent of victims reported that they received no support whatsoever
from agencies or from anyone in their personal network. The absence
of support experienced demonstrates a worrying lack of awareness
about the toxicity of online harassment and the lack of understanding
victims face.
14. It is important that support professionals and victims are
educated on how technology works, how it can be used to put people
at risk and what steps can be taken to reduce those risks. The digital
world means that an abuser has access to information 24/7. This
not only feeds the abuser’s obsession, but also provides the tools
they need to monitor, contact, intimidate or humiliate a victim.
To abuse a victim, perpetrators no longer have to be physically
present, or make the effort to post a letter. They are able to use
their computer and/or mobile to stalk.
15. Cyberstalking leaves substantial evidence of the abuse on
social networks, websites and e-mails. However, connecting the perpetrator
to that evidence relies on the co-operation of service providers.
This is a problem, because the volume of abuse reports and the cost
to the service providers may make it difficult for them to respond
promptly to police requests for the data, once legal barriers to
such information provision have been overcome. This discourages
the police from requesting the information necessary to pursue online stalking
and harassment cases.
16. In addition, there is a significant increase in the availability
of computer software and mobile apps that have monitoring capabilities.
These applications are easy to find and use, they are inexpensive
and very powerful in terms of capabilities. They can provide an
abuser access to a victim’s usernames and passwords, contacts, documents,
location, online activity, e-mail, etc. They are sold as legal applications
to monitor children or employees, or locate stolen phones, but can
easily be abused by stalkers. Spyware is software that enables a
user to obtain covert information about another person’s computer
activities.
Note Spyware can be used to “catch a
cheating spouse” by giving access to usernames, passwords, contacts,
locations, and providing the ability to delete data, for a cost
of less than 40 euros.
17. Account access or takeovers occur when a perpetrator either
knows or guesses a victim’s username and password. They can then
access the victim’s online accounts, including e-mail, social networks,
e-shopping or banking. The Council of Europe Convention on Cybercrime
(ETS No. 185) requires Parties to adopt such legislative and other
measures as may be necessary to establish as criminal offences under
its domestic law, when committed intentionally, access to the whole
or any part of a computer system without authorisation. A Party
may require that the offence be committed by infringing security
measures, with the intent of obtaining computer data or other dishonest
intent, or in relation to a computer system that is connected to
another computer system (Article 2).
Note
18. There are many legal and technical challenges to tackling
cyberstalking, since the whole area of electronic communication
is subject to rapid and continuous technological change. Only Australia,
Belgium, the United Kingdom and the United States have so far recognised
cyberstalking as a criminal offence in its own right. Cyberstalking
is sanctioned in other countries by anti-stalking laws.
4 Prevalence of stalking
19. Over the last thirty years in Europe, there have
been three forms of social behaviour which have come to be recognised,
not simply as socially unacceptable, but as unlawful: domestic violence,
sexual abuse and stalking. To many people, the term “stalking” will
bring to mind only the nightmare scenarios of Hollywood films, such
as Fatal Attraction, Sleeping with the Enemy and Play Misty for Me. Whilst these
remain an excellent introduction to the subject for those wishing
to gain a rapid understanding of the issues involved, the fear and distress
that being a stalking victim entails will be only too familiar to
a sizeable minority of the European population.
20. Prevalence surveys of stalking are available in a number of
European countries and figures are broadly similar: 12% of the population
in England and Wales, 12% in Germany, 11% in eastern Austria, 16.5%
in the Netherlands and in 9% Sweden.
Note These figures are similar to those
found in Australia and the United States of America.
21. Crime statistics are of limited value since offences are under-reported,
and figures for stalking convictions are only collected where a
specific offence of stalking exists. And, even in such jurisdictions,
those committing serious offences in the context of stalking will
be convicted under the more serious charge.
5 The impact of stalking
on the victims
22. Victims often hesitate to seek the authorities’ help,
either because they are or were emotionally attached to the perpetrator
or because they are not sure that they will be taken seriously.
It is estimated that, in the United Kingdom, 77% of the victims
of stalking wait until they have had more than 100 incidents of
unwanted behaviour before telling anybody about it.
23. Stalking victims, in a study from Australia,
Note displayed at least one of the symptoms
of post-traumatic stress disorder, with 55% reporting recurrent
intrusive recollections of the stalking and 38% describing avoidance
or numbing symptoms. It is important to note that many of the physical
consequences listed above arose regardless of whether the victim
had been physically assaulted.
24. Stalking can have devastating emotional and physical effects.
In Japan, a study compared the long-term psychological effects of
various types of sexual and psychosexual victimisation among 434
female students. Direct sexual assault appeared to cause the most
severe and the most enduring psychological trauma, followed by stalking.
25. In one study, victims reported that they were less friendly
towards others and less outgoing as a result of being stalked. Other
victim, community and student surveys have recorded wide-ranging
psychological and physical deterioration. Although the actual percentages
reported by individual investigations vary – usually as a result
of sampling and definitional differences – most have reported that
stalking results in increases in fear, distrust of others, persistent
nausea and/or headaches, exacerbation of existing medical conditions,
substance use and abuse, confusion, nervousness, anxiety, stomach
problems, chronic sleep disturbances, persistent weakness or tiredness
and loss of appetite.
Note In some cases, victims decide to put
an end to their suffering by committing suicide. In Canada, Rehtaeh
Parsons, 17, killed herself following the publication on the Internet
of pictures taken during a collective rape.
Note
26. Stalking victims also suffer losses of a social and economic
nature, although these have not been the principal focus of any
investigation. These economic and social losses reported by victims
may be changing or losing jobs or courses of study, changing telephone
number(s), medical and/or counselling expenses or moving.
27. The victims of stalking incur financial costs. A researcher
interviewed 187 women who had been stalked recently by former partners,
and found that financial costs had been incurred by 80% of them.
The sums lost ranged from nominal costs to US$100 000, with a median
of US$1 000. It is not known how respondents were asked to estimate
financial losses.
Note
28. The consequences for the victims of these behaviours, psychological
as well as physical, are serious. Whilst some have lost their lives
as a consequence of society’s failure to react to the problem with
sufficient vigour, the extensive toll of stalking to individuals
in terms of anxiety disorders, depression and post-traumatic stress
disorder have recently been documented. The cost to society in terms
of time off work, health-care costs, policing and criminal justice
costs is considerable, and social and economic realities are persuading
an increasing number of countries to enact legislation against stalking.
6 The legal framework
in Council of Europe member States
29. It is preferable to introduce a specific offence
for stalking because, when considered out of context, actions such
as sending unwanted messages, showing up at somebody’s house, calling
someone’s friends and family cannot be considered unlawful. The
introduction of a specific offence makes it possible to capture the
pattern. However, the large majority of member States have no specific
legislation against stalking. A wider understanding is inhibited
by simple issues, for instance the absence of an equivalent word
to the English “stalking” in many languages. Where there is no linguistic
concept of a phenomenon, there is a major barrier to understanding
what it means, let alone to an appropriate legal, policing and societal
reaction to its occurrence.
30. Anti-stalking legislation was first introduced in 1990 in
California. Since then, most English-speaking jurisdictions have
introduced some form of anti-stalking legislation. The following
European countries currently have specific anti-stalking legislation:
Austria, Belgium, Denmark, Germany, Ireland, Italy, Luxembourg,
Malta, the Netherlands, Poland and the United Kingdom.
Note Bosnia and Herzegovina has an anti-stalking
provision which applies only to family members. In Turkey, victims
of stalking are listed among the targets of Law 6284 on the Protection
of Family and Prevention of Violence against Women which entered
into force in 2012. Stalking is recognised as a form of violence
against women, since the implementation of the law is based on the
Istanbul Convention. However, this law does not provide a definition
of stalking and does not contain specific anti-stalking provisions.
31. Legislation is generally framed in terms of three elements
– conduct, intent and effect on the victim. The conduct element
defines a course of conduct or a number of acts that constitute
stalking. Most legislation requires a minimum of two acts, although
in some countries one is sufficient. The intent element generally concerns
an intent to cause fear and/or recklessness as to whether fear is
caused, based on a reasonable person test.
32. In
Austria, stalking
is a punishable act since the “Antistalking Act”
Note took effect on 1 July 2006. Section 107a,
entitled “Persistent persecution” (
beharrliche
Verfolgung) was introduced in 2007 in the Criminal Code, allowed
countering psychological terror caused by various forms of persistent
persecution by resorting to criminal law. The Second Protection
Against Violence Act of 2009 further improved the protection of
victims. “Persistent persecution” is liable to punishment if it
interferes with the victim's life to an unacceptable degree. It
includes the following behaviours:
- trying to be close to the victim (for example following
him/her by car, accosting him/her at home or in the workplace);
- contacting by telecommunication or any other means of
communication or via third parties (for example frequent letters,
e-mails or text messages);
- ordering goods or services for the victim by using the
latter's personal data (for example clothes from a mail-order company);
- inducing third parties to contact the victim by using
the latter's personal data (for example placing contact ads on behalf
of the victim).
A maximum sentence of one year’s
imprisonment applies. There is the possibility to apply for an interim injunction
for the “Protection against invasion of privacy”. The legislation
also allows the court to issue an injunction against any further
such behaviour.
33. In
Belgium, Article
442 bis of the Criminal Code covers stalking.
Note The text of
the law reads as follows:
“Whoever
has harassed another person while he/she knew or should have known
that due to his/her behaviour he/she would severely disturb this
person’s peace, will be punished with a term of imprisonment of
fifteen days to two years and with a fine of 50 to 300 euros, or
with one of these two sanctions.”
The behaviour
described in this article can only be prosecuted following a complaint
by the person claiming to be harassed. Belgian legislation makes
a difference between stalking and cyberstalking. Stalking can only
be prosecuted if there is a complaint by the victim, which is not
required for cyberstalking prosecutions. In addition, cyberstalking
requires an intent to cause a nuisance to a correspondent.
Note Article 145.3bis of the Telecommunications
Act of 2005 foresees the exact same punishment for cyberstalking
as for generic stalking. In its ruling 198/2011, the Belgian Constitutional
Court explained that “the generic stalking rules aimed to protect
the personal life of the victim while cyberstalking provisions aim
to protect users of telecommunications services, irrespective of
any criterion of disturbing the peace or impinging on personal life”.
Note
34. In
Bosnia and Herzegovina,
the Law on Protection from Domestic Violence 2005 (Article 14) prohibits harassment
or stalking by “family members”.
Note The law on the Protection from Domestic
Violence allows a restraining order for a period between a month
and a year, if stalking or harassment occurs. However, this law does
not cover stalking cases when these occur outside the family.
35. Denmark has included
the crime of stalking in its Penal Code since 1933. “Any person
who violates the peace of some other person by intruding on him/her,
pursuing him/her with letters or inconveniencing him/her in any
other similar way, despite warnings by the police, shall be liable
to a fine or to imprisonment for any term not exceeding two years.
A warning under this provision shall be valid for five years.” The
person has to have ignored a police warning before further measures
can be taken (Criminal Code, Chapter 27, s265).
Note
36. Germany has had a civil
anti-stalking law since 2002, and a criminal law since 2007.
Note Stalking is defined as severe and
continuing acts of harassment, “by seeking out physical proximity;
using telecommunications or other instruments of communication or
using third parties to get in contact; using personal data improperly
to order goods or services; threatening life, physical integrity,
physical health or freedom”. The sentence can be up to three years
of imprisonment. In cases of severe physical injuries or danger
of death for the victims or his/her relatives, the sentence can
be up to 10 years of imprisonment.
Note
37. In
Ireland, stalking
is covered by the Non-Fatal Offences against the Person Act, 1997.
Note Section 10 of the Act provides that
any person who harasses another “by persistently following, watching,
pestering, besetting or communicating with him or her, shall be
guilty of an offence”. Harassment is defined as the act of a person
who, “intentionally or recklessly, seriously interferes with the
other’s peace and privacy or causes alarm, distress or harm to the
other”. The sentence can be up to seven years of imprisonment or/and
a fine not exceeding 1 905 euros.
Note
38. A law on stalking was adopted in
Italy in
2009 (Law No. 38/2009 of 23 April 2009 on “Urgent measures of public
safety to combat sexual violence and persecution acts”).
Note The
law introduces Article 612 bis in the Criminal Code and foresees
that stalking can be prosecuted only upon the complaint of the alleged
victim. The head of the local police administration can admonish
the alleged perpetrator. If he/she reiterates his/her conduct, “the
crime becomes subject to public prosecution and the sanctions of
the crime include imprisonment – from six months up to four years
– and the interdiction from visiting places frequented by the victim”.
Note
39. In
Luxembourg, Article
442-2 of the Criminal Code introduced in 2009 covers obsessional harassment.
Note A sentence from two
weeks to two years of imprisonment and/or a fine of 251 to 3 000
euros is foreseen.
40. In
Malta, harassment
is recognised as an offence since 2005. Article 251A of the Criminal
Code states that “A person who pursues a course of conduct which
amounts to harassment of another person, and which he knows or ought
to know amounts to harassment of such other person shall be guilty
of an offence under this article”. Article 251B adds: “A person
whose course of conduct causes another to fear that violence will
be used against him or his property or against the person or property
of any of his ascendants, descendants, brothers or sisters or any
person mentioned in Article 222(1) shall be guilty of an offence
if he knows or ought to know that his course of conduct will cause
the other so to fear on each of those occasions, and shall be liable
to the punishment of imprisonment for a term from three to six months
or to a fine (
multa) of not
less than four thousand and six hundred and fifty-eight euro and
seventy-five cents (4 658.75) and not more than eleven thousand
and six hundred and forty-six euro and eighty-seven cents (11 646.87),
or to both such fine and imprisonment.”
Note
41. In the
Netherlands,
Article 285
b of the Criminal
Code defines stalking as: “He who unlawfully, repeatedly, wilfully
intrudes upon a person’s privacy with the intent to force that person
to do something, to refrain from doing something or to instigate
fear in that person will be punished as guilty of belaging to a
prison term with a maximum of three years or a fine of the fourth
category. Prosecution can only occur at the request of the person
against whom the crime was committed.” The sentence can be up to
three years of imprisonment, and a fine of a maximum of 11 250 euros.
Note
42. In
Norway, the General
Civil Penal Code covers stalking (Chapter 39, s390
a): “Any person who by frightening
or annoying behaviour or other inconsiderate conduct violates another
person’s right to be left in peace … shall be liable to fines or
imprisonment for a term not exceeding two years.”
Note
43. In
Poland, the parliament
incorporated stalking into the Penal Code in 2011, defining the
behaviour as persistent harassment, and foreseeing 3 to 10 years’
imprisonment for persistent, obsessive attention and harassment.
Note
44. In December 2010, the
Scottish Parliament
introduced a new offence of stalking as part of the Criminal Justice
and Licensing (Scotland) Act 2010. This Act also includes provisions
for non-harassment orders.
Note In
England
and Wales, the Protection from Harassment Act 1997 introduced
the offence of harassment: section 2 (punishable by up to six months’
imprisonment) created an offence when a person pursued a “course of
conduct which amounts to harassment of another, and which he knows
or ought to know amounts to harassment of the other”. Section 4
created a further offence, punishable by up to five years’ imprisonment: “when
a person whose conduct causes another to fear, on at least two occasions,
that violence will be used against him, he is guilty of an offence
if he knows or ought to know that his course of conduct will cause
the other so to fear on each of these occasions.” As has occurred
in other jurisdictions, widespread criticism of the ineffectiveness
of the legislation led to its amendment in the Protection of Freedoms
Act, passed in May 2012, with the introduction of two parallel offences
of stalking. Section 2A lists a number of behaviours (“acts or omissions”)
which are associated with stalking. Section 4B includes fear of
violence, but offers the alternative provision of causing “serious
alarm or distress which has a substantial adverse effect” on the
victim’s “usual day-to-day activities”.
45. Sweden introduced an
anti-stalking law on 1 October 2011. The sentence can include imprisonment
for up to 4 years.
7 The Istanbul Convention
46. The Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (CETS No.
210, “Istanbul Convention”) marks an important step in combating
stalking, since it requires the Parties to establish a criminal
offence for stalking.
Note It was opened for signature on 11
May 2011 and, to date, four States (Albania, Montenegro, Portugal
and Turkey) have ratified it and 25 have signed it.
47. However, the convention allows for the possibility to make
reservations to this provision (Article 78.3), since some member
States prefer to attach non-criminal sanctions to stalking.
48. The Istanbul Convention provides a definition of stalking
as “repeatedly engaging in threatening conduct directed at another
person, causing her or him to fear for his or her safety”. Its explanatory
report complements this definition.
8 Police response
49. The consequences of stalking can be serious, with
a high rate of psychological sequelae and violence, occasionally
fatal. However, the level of police response and degree of investigation
often appears to be disproportionately limited. This in turn leads
to a problematic level of under-reporting of stalking to the police. Until
recently, stalking was not taken seriously by the police and many
public officials. The only European, cross-national comparison of
attitudes of front-line police officers to stalking and their recognition
of the behaviour was conducted by the Modena Group.
Note The study involved Belgium, the Netherlands,
Italy and the United Kingdom. It found that awareness and understanding
of the problem of stalking was relatively poor in the countries
under study. In addition, understanding of what constituted stalking
might vary from country to country. The conclusion was that there
remains an important need for training police officers in recognising stalking
and the dangers it can bring. However, such training is generally
uncommon across Europe.
50. To a degree, the lack of appreciation of the dangers of stalking
is not surprising. In the United Kingdom, for instance, stalking
has been dealt with by domestic violence teams, although the majority
of stalking cases have nothing to do with domestic violence and
the risk factors are different. Dealing with stalking cases involves an
important prevention role, whereas the police are more used to responding
to cases where physical violence is used. They have a more limited
margin of appreciation. The traumatic consequences of stalking on
its victims are chronic and, where there is no physical violence,
psychiatric injury is often undetectable to the untrained eye. A
court cannot readily see the emotional scars left on victims’ minds
and neither can police officers. This has a tendency to make stalking
an invisible crime.
51. The principles of the European Convention on Human Rights
(ETS No. 5) would suggest that the level of intrusion and interference
with citizens’ rights by the police should be proportional to the
matter being investigated and to its seriousness. However, this
does not occur consistently in stalking cases. In the majority of
such cases, stalking is regarded as a contributory factor or particular
facet of another substantive crime, rather than being regarded as
the substantive crime itself. The pattern of persistent, fixated
and intrusive behaviour which characterises stalking and distinguishes
it from other types of antisocial behaviour, is not recognised as
an indication of high risk. By contrast, in cases where there is
a robust police response with the risks, patterns and offence of
stalking having been adequately identified, there is a greater opportunity
to prevent a serious and possibly fatal outcome for the stalking
victim, thereby fulfilling the State’s duty in respect of the Convention.
52. Effective stalking investigations by the police consistently
have the same qualities: a robust, multi-agency approach, early
arrest of the suspect, psychiatric assessment of the offender, effective
identification, assessment and management of risks, intensive police
supervision and strong strategic leadership policy subject to independent
scrutiny.
53. In the United Kingdom, some screening tools have been developed
to help the police in identifying high risk cases, such as the Stalking
Assessment Screen
Note and the Risk Checklist for Stalking
Cases.
NoteNote However, such instruments are inconsistently
applied within the United Kingdom.
54. In the United Kingdom, there appear to be pockets of good
police practice responding to reports of stalking. Yet, despite
national and local best practice advice and specific policies and
procedures, many victims report that the service they receive from
their local police force is a matter of luck. Similar issues have
been described in the Netherlands, with police response being affected
by the attitudes of individual officers to stalking, and by limited
resources, stalking not being considered a priority.
Note
9 Support services
for victims
55. There are victim support services in most countries
aimed at helping people who have been victims of crime. Victim Support
Europe, a network of 26 non-governmental victim support organisations
in 21 European countries, aims to help victims of crime in general.
In addition, there are specialised anti-stalking charities and help
organisations in a number of European countries, such as Italy and
the United Kingdom.
56. In a 2009 study of 1 964 stalking victims in the United Kingdom,
participants were asked what they would like to see provided for
victims of stalking. The main findings were that victims wished
to be believed, they wanted a Helpline to provide practical advice
and they wanted members of the public to be more aware of stalking.
The National Stalking Helpline was set up in the United Kingdom
in April 2010 after a campaign by the charities Suzy Lamplugh Trust,
Network for Surviving Stalking, and Protection Against Stalking.
It is the only national helpline in the world specifically dedicated
to providing expert guidance, information and support to stalking
victims and those close to them. The Helpline is managed by the
Suzy Lamplugh Trust, a charity with over 25 years’ experience supporting,
educating and campaigning to promote a safer society.
57. The Helpline offers expertise and guidance on topics including
criminal and civil legislation, how to gather evidence, personal
safety and what to do when reporting harassment to the police. The
Helpline also has a single point of contact officer in all police
forces in the United Kingdom to whom it can refer high-risk cases,
if a victim is not receiving an adequate response. Early intervention
in stalking cases is vital and gives victims the best chance of
protection. Helpline staff talk to victims about possible strategies
for dealing with stalking, thereby reducing their risk of serious
psychological or physical harm.
58. The Helpline has been able to build a unique database which
reflects the problems, needs and difficulties faced by victims of
stalking in the United Kingdom. The National Stalking Helpline provides
support to both men and women. Their current statistics show that
78% of the victims who turn to them are female and 20% are male.
As has been found in other stalking studies, only a minority of
stalkers are ex-partners (38%), emphasising that this is a separate
issue from that of domestic violence. Between April 2010 (when the
Helpline launched) and October 2012, guidance and assistance was
provided to more than 4 700 victims of stalking.
10 Rehabilitation
programmes for stalkers
59. Measures for the protection of the victim, criminal
sanctions and treatment for the stalker complement each other. Legal
sanctions alone may be ineffective in preventing stalking because,
in the absence of treatment, the fundamental problems driving the
stalker remain unresolved. Incarceration of the stalker may provide
only temporary relief for the victim as, in most jurisdictions,
this form of offence typically results in relatively brief periods
of imprisonment, often of less than a year. This leaves the victim
dreading a resumption of the harassment when their tormentor is
released back into the community. Such fear is often warranted,
as few stalkers receive any treatment whilst in custody which could
lead them to stop stalking.
60. A substantial minority of stalkers are suffering from psychotic
illness, most commonly schizophrenia. Where the victim is a public
figure, such cases may form the majority. When mental illness is
present, treatment of stalkers involves pharmacotherapy by psychiatric
services. However, the mainstay of treatment for non-psychotic stalkers
are programmes of psychological intervention.
Note These
depend on the accurate assessment of a range of different risks
and on the identification of psychological deficits in the stalker.
61. Stalking behaviour is influenced by internal factors in terms
of core beliefs or schemas about the way the world works, by skills
deficits and by contextual factors. Distorted beliefs and biased
cognitive operations typically include an exaggerated sense of entitlement,
a belief that the stalker is owed something by the victim and a
belief that their own rights are paramount. This is often accompanied
by a conscious disregard for the victim, or a lack of concern as
to the consequences of their behaviour. Skills deficits may make
the identification of alternative strategies difficult or make accurate
perceptions of, and reactions to, problems more difficult: such deficits
include poor verbal or social skills, difficulties with conflict
resolution or problem solving, and problems with emotional regulation
or coping with stress. Contextual factors may contribute to, or
maintain, the stalking behaviours: victim response, continued enforced
contact (for example custody arrangements, legal disputes), shared
interests or employer, police responses, peers and family supportive
of the stalking behaviour, unemployment allowing time for stalking,
or homelessness leading to a return to the victim’s location. Identification
of these factors is important in the management and treatment of
stalkers.
62. A modular treatment programme is tailored to an individual
stalker’s needs. “Stages of change” form a useful framework for
shaping the delivery of treatment, which is best undertaken within
the problem behaviours model. In most cases, treatment needs to
take place, at least initially, on a compulsory basis, for instance
as a condition for a parole or bail. Treatment requires personnel
with special training in stalking risk assessment and treatment.
This is best accomplished in specialist settings, and the establishment
of specialised stalking clinics involving psychiatrists and psychologists,
with close links to the criminal justice system, is generally advocated,
with examples of such clinics being the Melbourne Problem Behaviours
Clinic
Note in Australia
and the National Stalking Clinic in the United Kingdom.
Note However, there appear to be no specialist
facilities for the treatment of stalkers in Europe, other than the
National Stalking Clinic, although there is a walk-in advice centre in
Berlin.
Note
11 Awareness-raising
amongst the general public
63. The Council of Europe launched its “No hate speech
movement” on 21 March 2013, a campaign with the objective to raise
awareness of hate speech online and the risks it poses for democracy
and young people. It also aims to reduce the levels of acceptance
of online hate speech. The campaign, which will continue until April
2014, is against hate speech online in all its forms, including
those that most affect young people, such as cyber-bullying and
cyber-hate, and could therefore also complement awareness-raising
efforts on stalking.
Note
64. A number of non-governmental organisations have been set up
with a view to supporting victims, advocating the strengthening
of the legal and policy framework and raising awareness on stalking
amongst the general public. In Italy, the Foundation Double Defence
(Doppia Difesa) conducts awareness-raising campaigns.
In the United Kingdom, the Network for Surviving Stalking (NSS)
was set up in 2000 by a high-profile victim of stalking. The NSS
contends that the most common phrase heard from victims is “If only
I had realised what was happening earlier”. From the NSS’s experience
dealing with stalking victims over the past ten years, there is
a significant time delay before someone seeks help. It usually takes
a while before a victim identifies the behaviour they are experiencing
as stalking. This delay puts lives at risk.
65. Everyone agrees that appropriate early intervention in any
stalking case is likely to result in the best outcome for all involved.
But there is a considerable amount of work to be undertaken before
victims recognise and report stalking behaviour as soon as it arises.
There is a need to educate, change attitudes and break down the
myths about stalking. Educating the public will save lives.
66. Listening to a stalking victim or their relative tell their
story goes a long way to educating anyone about this crime. People
realise that stalking can happen to anyone, anywhere. It could be
their daughter, son, sister, brother, wife or husband who is affected.
Some victims are not ready to speak about it – almost everyone wants to
be anonymous.
Note Warning the public about the dangers
of stalking is complex. Often recipients of stalking behaviour will
feel paranoid that they are “making a fuss over nothing”. Many initially
feel embarrassed or ashamed about what is happening as opposed to
frightened or terrified – those feelings come later. Unlike other
crimes, where someone is physically assaulted for example, it takes
time to realise one is the “victim” of stalking and what the person
is doing could be against the law. Consequently, the most efficient
awareness-raising campaigns aim at targeting people who do not think
of themselves as “stalking victims”.
67. The NSS has targeted all its awareness-raising campaigns at
the general public, in the belief that this is the best way to reach
potential victims and the individuals who help them: police officers,
probation officers, social workers, court staff, etc. The NSS also
aims to get family, friends, neighbours and co-workers to recognise
stalking and understand how serious it is. Raising awareness is
an enormous task; it means changing society’s attitudes towards
stalking.
68. The NSS has produced “Trust Your Instinct” – a web-based campaign
that acknowledges people’s natural tendency to downplay the seriousness
of a situation. Most people do have an “instinct” that something is
not right. “Trust Your Instinct” is about getting people to listen
to their “internal alarm bell” or survival instinct, as it could
save their life. The campaign website
Note features
a short film and details of the Stalking Risk Checklist produced
by Drs Lorraine Sheridan and Karl Roberts. It encourages people
to identify stalking behaviour, assess how serious the situation
is (a victim’s own fear is often the best indicator) and then, if
appropriate, report it to the police.
69. There is no denying the media has a crucial role to play in
raising awareness about stalking and “human stories” are often the
best way to convey the horrific reality of the crime. However, unhelpful
reporting spreads myths about stalking that can add to the suffering
of victims and even put lives at risk. Some journalists can fail to
appreciate that anyone speaking out about their stalking case could
be putting their safety at risk. Journalists should carry out a
proper risk assessment – disguising a victim’s identity where possible.
They also need to understand that, for many victims, stalking is
never “over” – the fear never disappears.
70. Editors often only use stories where the case has been before
the courts and there has been a conviction. Stalking however is
a hugely under-reported crime and many cases investigated by the
police do not proceed due to a lack of evidence. Most stalking cases
are hugely complicated and lengthy – very few make easy feature
pieces or sound-bites for the news. Frustrating for the media it
may be, but the situation severely restricts the number of stalking
cases the public hears about. Perhaps the lack of “straightforward”
cases involving “ordinary people” explains the acres of coverage
of celebrity stalking cases in the mainstream media – perpetuating
the myth that stalking is primarily a problem for celebrities.
12 Conclusions
71. Stalking, which is the repeated unwanted intrusion
of one person into the life of another, is about taking control
over someone else’s life. It is a pattern composed of a repetition
of behaviours which can be difficult to recognise if taken separately.
Cyberstalking is a form of stalking which is increasing with the
development of new technologies.
72. Stalking occurs everywhere, at home, at work or in the street,
but it has not yet been widely qualified as a criminal offence.
It remains a neglected phenomenon since it is minimised and appears
invisible.
73. However, stalking can have dramatic consequences and lead
to further violence, including death. Victims of stalking suffer
devastating psychological trauma and do not yet have access to specific
support services in the majority of Council of Europe member States.
74. Often, victims do not consider themselves to be at risk or
hesitate to report stalking, unaware of the danger and the gravity
of the events.
75. Adopting specific anti-stalking legislation is a first step
to combat stalking. The move to name stalking as a criminal offence
marks a significant cultural and political shift in attitudes toward
this crime. I therefore wish to urge member States who have not
yet done so to qualify stalking as a criminal offence.
76.
76.1 An anti-stalking law
could include the following elements:
- Definition of stalking: A starting point would be the
definition presented in the Istanbul Convention: “The intentional
conduct of repeatedly engaging in threatening conduct directed at another
person, causing her or him to fear for her or his safety” (Article
34). It should stress the intent and the fear of violence for the
person who is the object of stalking or his/her relatives and the
impact on daily life. The definition could be complemented by the
following elements drawn from the explanatory report on the Istanbul
Convention:
- repeatedly following
another person;
- engaging in unwanted communication with another person;
- letting another person know that he or she is being observed
- physically going after the victim;
- appearing at her or his place of work, sports or education
facilities;
- following the victim in the virtual world (chat rooms,
social networking sites).
- Stalking as a criminal offence: The law would foresee
that the offence of stalking/ cyberstalking could be punishable
with a term of imprisonment of up to five years, in addition to
a fine.
- Protection of the victim: A restraining order on the stalker
could be imposed by the law in order to protect the victim.
- Prevention of stalking: The law would also stress the
importance of prevention efforts. Awareness-raising campaigns on
stalking could accompany the entry into force of such law.
77. In addition, there is an urgency to educate and change attitudes
about stalking. One of my main recommendations is therefore to raise
awareness about this phenomenon amongst legislators, police and
the general public, including at school.
78. The media can also play an important role in raising awareness
on stalking. However, too often, victims of violence can face additional
risks when exposed in the media. I would encourage the development
of media guidelines on how to deal with cases of domestic violence
and violence against women, including stalking, in order to ensure
an optimum protection of the victims.
79. There is a gap in research on the prevalence of violence against
women, including stalking, in Europe. Data collection on stalking
remains a challenge, since it is not widely recognised as a danger.
I would therefore also recommend the conduct of research on stalking
in the Council of Europe member States. I am convinced that evidence
of the extent of the problem would be a powerful motivator to governments
and criminal justice agencies to respond to the problem of stalking.
80. Victims should be encouraged to report stalking to the police
in its early stages in order to prevent further violence. In order
to improve the understanding of stalking and the quality of support
provided to the victims of stalking who go to the police, police
officers should undergo specific training.
81. Support services for victims, such as helplines, are essential
and sufficient funding should be allocated for their creation and
functioning. Staff working in these structures should also receive
appropriate training.
82. Rehabilitation programmes for stalkers complement efficiently
legal sanctions, with a view to prevent re-offending. Member States
should start reflecting on how this kind of programme could be implemented
at the national level.
83. Stalking is not a fatality and can be prevented. As parliamentarians,
we have the responsibility to condemn stalking and to increase our
efforts to combat this plight. In doing so, we will be able contribute
to save thousands of lives and make the lives of those who survive
stalking more bearable.
