Criminal law (2022): Crimes against the person: Stalking (Part One)

Stalking is unwanted and/or repeated surveillance by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitoring them. The term stalking is used with some differing definitions in psychiatry and psychology, as well as in some legal jurisdictions as a term for a criminal offense.

According to a 2002 report by the U.S. National Center for Victims of Crime, "virtually any unwanted contact between two people that directly or indirectly communicates a threat or places the victim in fear can be considered stalking", although in practice the legal standard is usually somewhat stricter.

Definitions.

In 1995 a research paper titled "Stalking Strangers and Lovers" was among the first to use the term "stalking" to describe the common occurrence of males after a breakup who aggressively pursue their female former partner. Prior to that paper instead of the term "stalking", people more commonly used the terms "female harassment", "obsessive following" or "psychological rape".

The difficulties associated with defining this term exactly (or defining it at all) are well documented.

Having been used since at least the 16th century to refer to a prowler or a poacher (Oxford English Dictionary), the term stalker was initially used by media in the 20th century to describe people who pester and harass others, initially with specific reference to the harassment of celebrities by strangers who were described as being "obsessed". This use of the word appears to have been coined by the tabloid press in the United States. With time, the meaning of stalking changed and incorporated individuals being harassed by their former partners. Pathé and Mullen describe stalking as "a constellation of behaviors in which an individual inflicts upon another repeated unwanted intrusions and communications". Stalking can be defined as the willful and repeated following, watching or harassing of another person. Unlike other crimes, which usually involve one act, stalking is a series of actions that occur over a period of time.

Although stalking is illegal in most areas of the world, some of the actions that contribute to stalking may be legal, such as gathering information, calling someone on the phone, texting, sending gifts, emailing, or instant messaging. They become illegal when they breach the legal definition of harassment (for example, an action such as sending a text is not usually illegal, but is illegal when frequently repeated to an unwilling recipient). In fact, United Kingdom law states the incident only has to happen twice when the harasser should be aware their behavior is unacceptable (for example, two phone calls to a stranger, two gifts, following the victim then phoning them, etc.).

Cultural norms and meaning affect the way stalking is defined. Scholars note that the majority of men and women admit engaging in various stalking-like behaviors following a breakup, but stop such behaviors over time, suggesting that "engagement in low levels of unwanted pursuit behaviors for a relatively short amount of time, particularly in the context of a relationship break-up, may be normative for heterosexual dating relationships occurring within U.S. culture."