In 1989, Robert John Bardo, an obsessed fan, killed actress Rebecca Schaeffer near her apartment in Los Angeles, U. S. A. He did so after having stalked her for several months, writing numerous letters and travelling from Tucson, Arizona, to Los Angeles, California, three times in attempts to speak with her .
Soon afterwards, five Californian women were harassed and killed by their ex-intimates against whom they had obtained restraining orders .
In both the celebrity stalking case and the domestic violence cases, the police were unable to intervene since the men – until the time of the killings – had not offended any criminal law. Aware of this “inadequacy of current law” the Californian Legislator acted and introduced the first anti-stalking legislation in 1990 .
Similar incidents in other American states soon led to amendments of other legislations. The ‘domino effect’ started, spreading nationwide at first, but then gaining ground and becoming international .
This research paper concentrates on stalking in Australia. Firstly, it will present a general definition of stalking, followed by a short overview of empirical research into this issue. It will then – chronologically – examine the different anti-stalking legislations in this country. After such having gained a grasp of the concept of stalking in Australia, one can start to compare the various legislations.
Moreover, the research paper concerns present threats of stalking and thus bridges from the past (the 1990s) to the present (the 21st century)!
Table of Contents
- Introduction
- What is stalking?
- Anti-Stalking Legislation in Australia
- Queensland
- New South Wales
- South Australia
- Victoria
- Western Australia
- Northern Territory
- Tasmania
- Australian Capital Territory
- Discussion
- The Fault Element of Stalking
- Cyberstalking
- Email Stalking
- Internet Stalking
- Computer Stalking
- Conclusion and Outlook
Objectives and Key Themes
This research paper aims to provide a comprehensive overview of stalking in Australia, tracing its evolution from the 1990s to the present. It examines the legal definitions of stalking, analyzes the various anti-stalking legislations across different Australian states and territories, and discusses the challenges posed by cyberstalking.
- Definition and manifestations of stalking behavior
- Analysis of Australian anti-stalking legislation
- Empirical research findings on stalking patterns and victim-offender relationships
- The challenges of cyberstalking
- Evolution of legal responses to stalking in Australia
Chapter Summaries
Introduction: This introductory chapter sets the stage by referencing high-profile stalking cases in the US, highlighting the inadequacy of existing laws to address this emerging crime. It emphasizes the "domino effect" of legislative changes following these cases and frames the paper's focus on the Australian context, promising a chronological examination of anti-stalking legislation and a comparative analysis. The chapter effectively bridges the historical context of stalking legislation with the contemporary relevance of the issue in Australia, establishing a clear trajectory for the subsequent analysis.
What is stalking?: This chapter tackles the complexities of defining stalking, acknowledging the varied manifestations of this threatening behavior across different jurisdictions. While emphasizing the lack of a universally consistent definition, it distills the common thread as "persistent and unwanted attention." Drawing on empirical research by Mullen, Pathé, and Purcell, the chapter outlines five primary types of stalkers: The Rejected, The Resentful, The Predatory, Intimacy Seekers, and The Incompetents. The chapter highlights the prevalence of male perpetrators and female victims, the high recidivism rate among stalkers, and the correlation between the intensity of the victim-offender relationship and the likelihood of violence. It contextualizes Australian stalking within the framework of domestic violence, noting the underreporting of cases and the limitations of available crime statistics.
Anti-Stalking Legislation in Australia: This chapter delves into the chronological development of anti-stalking legislation across various Australian states and territories. It analyzes the individual laws, noting variations in their approaches and definitions of stalking. While specific details of each state's legislation are presented (though omitted here to avoid exceeding the word count), the chapter’s core function is a comparative analysis of these laws. It explores the Australian legal system's response to the challenges presented by stalking, emphasizing the evolution of legal frameworks designed to address this evolving crime.
Keywords
Stalking, Anti-stalking legislation, Australia, Cyberstalking, Domestic violence, Empirical research, Victim-offender relationship, Legal definitions, Legislative comparison.
Frequently Asked Questions: A Comprehensive Overview of Stalking in Australia
What is the focus of this research paper?
This research paper offers a thorough examination of stalking in Australia. It traces the evolution of stalking legislation from the 1990s to the present, analyzes legal definitions of stalking across different Australian states and territories, and explores the challenges presented by cyberstalking. The paper also examines the evolution of legal responses to this evolving crime.
What topics are covered in the Table of Contents?
The Table of Contents includes an Introduction, a section defining stalking, a detailed look at anti-stalking legislation in each Australian state and territory, a discussion section covering the fault element of stalking and cyberstalking (including email, internet, and computer stalking), and a Conclusion and Outlook.
What are the key objectives and themes of the research?
The research aims to provide a comprehensive overview of stalking in Australia. Key themes include defining and understanding stalking behavior, analyzing Australian anti-stalking legislation across different jurisdictions, examining empirical research findings on stalking patterns and victim-offender relationships, addressing the challenges of cyberstalking, and tracing the evolution of legal responses to stalking in Australia.
What are the chapter summaries?
The Introduction sets the stage by referencing high-profile US cases and highlighting the inadequacy of existing laws. It frames the paper's focus on Australia, promising a chronological and comparative analysis of anti-stalking legislation. The chapter on "What is stalking?" defines stalking, acknowledging jurisdictional variations, and outlines five types of stalkers based on empirical research (Rejected, Resentful, Predatory, Intimacy Seekers, and Incompetents). It also discusses the prevalence of male perpetrators, female victims, and the correlation between relationship intensity and violence. The chapter on Anti-Stalking Legislation in Australia provides a chronological and comparative analysis of anti-stalking laws across different Australian states and territories.
What are the key words associated with this research?
Key words include: Stalking, Anti-stalking legislation, Australia, Cyberstalking, Domestic violence, Empirical research, Victim-offender relationship, Legal definitions, Legislative comparison.
What types of cyberstalking are discussed?
The research discusses email stalking, internet stalking, and computer stalking as forms of cyberstalking.
How does the research address the complexities of defining stalking?
The research acknowledges the varied manifestations of stalking across jurisdictions and emphasizes the lack of a universally consistent definition, highlighting "persistent and unwanted attention" as a common thread.
What is the significance of the research's chronological approach to Australian anti-stalking legislation?
The chronological approach allows for a clear understanding of the evolution of legal responses to stalking in Australia, showcasing how the legal framework has adapted to address this evolving crime and highlighting the "domino effect" of legislative changes following high-profile cases.
- Quote paper
- Dr. Stefanie M. Bausch (Author), 2004, Stalking in Australia - From Past to Present, Munich, GRIN Verlag, https://www.grin.com/document/30907
