Stalking Legal Term

Most of us have heard of situations where celebrities have been victims of harassment activities based on fans obsessed with the object of their attention. Harassment may not make the headlines, but it often happens when a disgruntled lover or spouse is obsessed with their ex-lover or spouse, or when someone is obsessed with a complete stranger or co-worker. Crime is much more than a nuisance for some victims, making their lives full of fear and even leading to stress-based physical symptoms. Recently, states have quickly enacted laws specifically protecting victims from harassment or stalking activities, even if the victim has not yet been physically injured by the accused. The concept is that it is not necessary to wait for an actual physical assault to be committed to protect the victim. This fact sheet on criminal harassment provides a quick guide to harassment, including up-to-date statistical information and a legal overview. The German Criminal Code (ยง 238 StGB) punishes criminal harassment with up to three years` imprisonment, defined as threatening or seeking to get closer or distance from another person and thus seriously affecting his life. The definition is not strict and allows “similar behaviour” to be classified as harassment. Unfortunately, in the current judicial system in mainland China, there is a lack of legal protection for people subjected to unlawful harassment, harassment, surveillance and other harassing behavior. Even public figures may not be able to solve it for a long time when faced with the hunt for illegitimate meals. [54] Numerous cases across China have shown that ordinary people who have been hunted down may still not be able to solve the problem after seeking help from judicial authorities.

Intimate partner stalkers are the most dangerous type. [1] In the UK, for example, most stalkers are former partners, and there is evidence that harassment of the mentally ill reported in the media is responsible for only a minority of suspected cases of harassment. [18] A UK Home Office study on the application of the Protection from Harassment Act states: “The study found that the Protection from Harassment Act is used to address a variety of behaviours such as domestic and neighbourhood disputes. It is rarely used for harassment, as portrayed in the media, as only a small minority of the cases in the investigation involved such behavior. [18] Although harassment is illegal in most parts of the world, some of the acts that contribute to harassment may be legal, such as gathering information, calling someone on someone`s phone, sending text messages, sending gifts, emails, or instant messages. They become illegal if they violate the legal definition of harassment (for example, an act such as sending a text is generally not illegal, but illegal if it is frequently repeated to a non-consenting recipient). In fact, UK law states that the incident should only happen twice if the harasser is to be aware that their behaviour is unacceptable (e.g. two calls with a stranger, two gifts, follow the victim and then call them, etc.). [15] In general, the element of fear is what distinguishes criminal harassment from harassment.

Harassment is usually irritating and annoying, sometimes to the point where a victim feels deeply uncomfortable. However, victims of harassment are generally not afraid of their perpetrators. While this list is not exhaustive, you can become a victim of harassment if someone: The harassment first sparked great public concern when a young actress named Rebecca Shaeffer, who lived in California, was gunned down by a possessed fan who had haunted her for two years. The case received extensive media coverage and showed how widespread stalking was among prominent and non-famous victims. Until anti-harassment laws were passed, the police had little power to arrest someone who behaved in a threatening but lawful manner. Even if the suspect had followed his victim, sent him hate mail or behaved threateningly, the police had no legal recourse. The police could not intervene until the suspect responded to his threats and attacked or injured the victim. People who are characterized as stalkers may be accused of having a misconception that another person loves them (erotomania) or that they need to be saved. [15] Criminal harassment can consist of an accumulation of a series of actions that may be legal in themselves, such as making phone calls, sending gifts or sending emails. [17] Criminal harassment is a crime in all 50 states, the District of Columbia, U.S. territories, the military, and the tribal areas.

Some of the behaviours that make up the crime of harassment are criminal in themselves (such as property damage). Even if the behaviour itself is not a crime (like excessive texting), it may be part of the pattern of harassment behaviour and victims should consider documenting and reporting it. Since 2011, criminal harassment has been a criminal offence under Article 120a of the Uniform Code of Military Justice (UCMJ). [85] The Act came into force on October 1, 2007. According to Sheridan and Blaauw, 70% of false harassment reports were made by delusions, stating that “after excluding eight dangerous cases, the rate of false statements was estimated at 11.5%, with the majority of false victims suffering from delusions (70%)”. [35] Another study estimated the proportion of false reports attributable to delusions at 64%. [36] If you are a teen and you are a victim of stalking or dating violence, the National Teen Dating Abuse Helpline offers 24/7 support and resources at 1-866-331-9474 or through its online chat service. Research also shows that teens are vulnerable to stalking and have difficulty extricating themselves from such situations. Stalkers may include a classmate or an older man with whom a teen has developed a relationship.

When a teenage bully is involved, the victim may have a hard time convincing law enforcement and school officials that the behavior is more than the teens` behavior “boys will be boys.” In addition to Mullen et al., Joseph A. Davis, Ph.D., an American researcher, crime analyst and professor of psychology at San Diego State University, as a member of the Harassment Case Assessment Team (SCAT), a special unit of the San Diego District Attorney`s Office, covered hundreds of cases between 1995 and 2002 involving what he called and typed “terrestrial” and “cyberstalking.” This research resulted in one of the most comprehensive books ever written on the subject. It was published by CRC Press, Inc. in August 2001 and is considered the gold standard as a reference in criminal harassment, victim protection, security planning, security and threat assessment. [27] It is useful to consider how victims can change their behaviour to deal with harassment. Do they change the routes? Avoid certain places? Screening calls? This may indicate that victims are afraid. Or according to Article 245 of the Criminal Code of the People`s Republic of China: Anyone who unlawfully searches the body or home of another person or illegally enters another person`s residence shall be punished by imprisonment for up to three years or imprisonment. Judges who abuse their powers and commit the crimes referred to in the preceding paragraph shall be severely punished. [53] In Wetboek van Strafrecht, Article 285b[68] defines the crime of harassment, a term used for harassment. Stieger, Burger and Schild conducted a survey in Austria that showed a lifetime prevalence of 11% (women: 17%, men: 3%). [42] Other results: 86% of stalking victims were women, 81% of stalkers were men.

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