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DEFINING STALKING. HISTORY US Stalking Legislation 1990 Case Study: Stalking and murder of actor Rebecca Schaeffer Australian Stalking Legislation 1993.

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Presentation on theme: "DEFINING STALKING. HISTORY US Stalking Legislation 1990 Case Study: Stalking and murder of actor Rebecca Schaeffer Australian Stalking Legislation 1993."— Presentation transcript:

1 DEFINING STALKING

2 HISTORY US Stalking Legislation 1990 Case Study: Stalking and murder of actor Rebecca Schaeffer Australian Stalking Legislation 1993 Case Study: R v Case

3 HOW TO DEFINE STALKING Repeated Persistent Unwanted Communication/contact

4 AUSTRALIAN LEGISLATION SUMMARY

5 VICTORIA Crimes Act 1958 Section 21A Stalking

6 QUEENSLAND Criminal Code Act 1899 Chapter 33A Section 359 Unlawful Stalking

7 NEW SOUTH WALES Crimes (Domestic & Personal Violence) Act 2007 Section 8

8 SOUTH AUSTRALIA Criminal Law Consolidation Act 1935 Division 5 Stalking Section 19AA Unlawful Stalking

9 AUSTRALIAN CAPITAL TERRITORY Crimes Act 1900 (Australia Capital Territory) Section 35 Stalking

10 WESTERN AUSTRALIA Criminal Code Act Compilation Act 1913 Chapter XXXIIIB — Stalking Section 338D.

11 TASMANIA Criminal Code Act 1924 Section 192 Stalking

12 PERPETRATOR BEHAVIOUR Communications are usually via: Telephone (including answering machine, messages and SMS text messages), letter, notes or graffiti, faxes or , "gifts" or other unwanted material. Unwanted contacts are usually by means of: Direct approaches to the victim, following, loitering outside the victim's home, workplace, or other places the victim frequents, and maintaining surveillance or spying. Other behaviours may be associated with stalking, such as: Interfering with or damaging the victim's property, ordering or cancelling goods and services on the victim's behalf (e.g., cancelling phone or gas accounts, ordering pizzas or taxis), spreading malicious gossip, initiating false legal actions against the victim, contacting family or friends and threats to harm loved ones (particularly the case if the victim moves home)

13 DISTINGUISH FROM? Attempting to develop a relationship??? Trying to re-establish a broken relationship???? Retaliation against the termination of a relationship? Walking the same route??? Being in the same place at the same time – Coincidence or Not???

14 CASE STUDY: TRACEY MORGAN

15 HELPING VICTIMS Evidence Gathering Informing the other party ‘ I ______ advise you _______ that your privilege to contact me by ANY means is revoked. ANY breach of this request will be regarded as harassment and/or intimidation and I will seek legal action against you.’

16 EVIDENCE GATHERING Keeping a diary Disposable Camera Inform trusted others ‘OOO’ Close circuit surveillance camera’s Video Camera’s

17 APPREHENDED VIOLENCE ORDERS MANDATORY ORDERS 1a. The defendant must not assault, molest, harass, threaten or otherwise interfere with the PINOP or any other person whom the PINOP has a domestic relationship. 1b. The defendant must not engage in conduct that intimidates the PINOP or any other person whom the PINOP has a domestic relationship 1c. The defendant must not stalk the PINOP or any other person whom the PINOP has a domestic relationship

18 STATISTICS How common is Stalking?

19 CASE STUDY EVELINA GAVRILOVIC

20 NSW RECORDED CRIME STATISTICS March Quarter 2008 Harassment, threatening behaviour and private nuisance 2007, 2008 Other offences against the person 2007, 2008

21 QUEENSLAND POLICE REPORTED OFFENCES Number of reported stalking cases: 2006/ /2008 Cleared offences in Queensland 2006/ /2008

22 VICTORIAN POLICE STALKING STATISTICS Stalking another person 2006/2007 Stalking another person 2007/2008 Clearance rates of reported stalking cases

23 THANKYOU


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