Stalking a criminal harassment

                                                                                         

Stalking is a criminal offence related to harassment and intimidation. It describes unwanted attention by an individual (individuals) to other individuals. Stalking is a terrifying experience for victims, placing them at risk of psychological trauma, and possible physical harm. Generally the stalkers are classified in two categories psychotic and nonpsychotic. The studies of stalkers identify five types of stalkers basing on their goal. The first type are the rejected stalkers, they pursue their victims in order to reverse, correct, or avenge a rejection (for example a divorce). Second - Resentful stalkers who pursue a vendetta because of a sense of grievance against the victims, they are motivated by the desire to frighten and distress the victim. Third type - Intimacy stalkers seek to establish an intimate, loving relationship with the victim. This type is a bit romantic and the offenders have no bad intentions, but still it can end up not very well. Fourth type - Incompetent suitors, usually have a fixation, or in some cases a sense of entitlement to an intimate relationship with those who have attracted their amorous interest. Fifth type - the Predatory stalkers, are the most dangerous, they spy on the victim in order to prepare and plan an attack (very often a sexual attack).

In the Canadian Criminal Code stalking is officially titled criminal harassment and it is described in section 264.The section came into force in 1993 and was at first intended to strengthen the laws protecting women in Canada. This offence can be punished upon summary conviction or as an indictable offence, and the punishment can reach up to ten years. The police practice in Canada also indicates that in 2006 of the 10,756 incidents of criminal harassment reported to police, 1,429 had more than one stalker involved. The numbers in the United States are also close. It means that approximately one case of eight involves multiple stalkers, while usually the stalker is presumed as a single criminal.

Another new form of stalking is Cyberstalking. It is defined as the use of information and communications technology, particularly the Internet, by an individual or group of individuals, to harass another individual, group of individuals, or organization. This can include false accusations, monitoring, the transmission of threats, identity theft, damage to data or equipment, the solicitation of minors for sexual purposes, and gathering information for harassment purposes. Still the harassment must be that a reasonable person, in possession of the same information, would regard it as sufficient to cause another reasonable person distress. While in real life most stalkers are mentally disturbed the online stalkers are often usual people that just use the anonymity that the internet provides.

Cyberstalking is a relatively young crime it already has some regulations. Australia has the Stalking Amendment Act (came into force in 1999) that includes the use of any form of technology to harass a target as forms of "criminal stalking." The United Kingdom has the Malicious Communications Act (came into force in 1998) that classifies cyberstalking as a criminal offence. In the United States the first anti-cyberstalking law came into effect in 1999 in California, a bit later other states also prohibited cyberstalking and classified it as crime.

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