| In 1997 the Protection from Harassment Act came into force; the Act quickly became known as the "stalking law", although it was not limited to stalking. Section 4 of the Act, which perhaps has the most relevance to stalking, dealing with the offence of "causing a fear of violence" is often the section applied the least - its criteria is that the individual incidents must cause a fear of violence; any victim of a stalker will tell you that it is the whole behaviour that causes the fear, not " individual incidents". For a stalking victim, the Act therefore offers little protection. |
Our view is not that of a lawyer, nor would we presume to act as a legal authority, however we do see an increasing number of stalking victims coming to us for practical help, often with little recourse to law and stalking law in the UK. While Section 4 of the Act ("fear of violence") does not seem able to be easily applied, it appears all too easy to obtain a conviction under Section 2, however the criteria in Section 2 is vague, with no necessity for the accused to be warned that their behaviour may lead to a conviction. This has led to the Act being drawn into marital disputes - as a weapon - and even into disputes between next-door businesses. One example of apparent misuse is a father's conviction after he attempted to see his daughter when his wife refused access. |
If you are, then talk to us. We may be able to suggest practical steps, or help you in a suitable direction. We do not charge for telephone consultation. One of the key factors is feeling back in control, even if it is to the extent of feeling you are doing something positive. Whatever happens - You are not alone. |
