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
I. Introduction
II. What is stalking?
III. Anti-Stalking Legislation in Australia
1. Queensland
2. New South Wales
3. South Australia
4. Victoria
5. Western Australia
6. Northern Territory
7. Tasmania
8. Australian Capital Territory
IV. Discussion
1. The Fault Element of Stalking
2. Cyberstalking
a) Email Stalking
b) Internet Stalking
c) Computer Stalking
V. Conclusion and Outlook
Research Objectives and Topics
This paper examines the legal framework surrounding stalking in Australia, tracing its development from the 1990s to the present day. The primary objective is to analyze and compare the diverse anti-stalking legislation across Australian jurisdictions, specifically focusing on the varying definitions of stalking, the role of intent, and the emergence of cyberstalking as a modern challenge.
- Historical context and evolution of anti-stalking laws in Australia.
- Comparative analysis of legislative definitions and penalties across states.
- Evaluation of the "fault element" and the requirement of intent in criminal proceedings.
- Addressing the contemporary threat of cyberstalking and its legal implications.
- Challenges in balancing individual privacy with the protection of victims.
Excerpt from the Book
II. What is stalking?
It is difficult to define stalking because there are so many ways in which this threatening behaviour can manifest itself. Which actions can be subsumed under this criminal offence varies from legislation to legislation. Therefore, stalking cannot be easily described like most other crimes. But in deriving the smallest common denominator of all of the anti-stalking laws one can overall conclude that stalking is “persistent and unwanted attention” of one person towards another.
Unlike the United States, especially California, where a high number of victims are still celebrities, in Australia stalking is commonly related to domestic violence and as such rarely reported to the police. Hence, surveys and crime statistics are not extensive with regard to the number of stalking cases but can give a general hint of this criminal offence’s dimension. The following findings of empirical research on stalking must therefore be considered against this background.
Paul Mullen, Michelle Pathé and Rosemary Purcell after having researched on issues of stalking came to the conclusion that there are five primary types of stalkers:
- The Rejected who respond to an unwelcome end to a close relationship.
- The Resentful who respond to a perceived insult or injury by conduct aimed not just at revenge but at vindication.
Summary of Chapters
I. Introduction: This chapter provides a historical context for the emergence of anti-stalking laws, initiated by high-profile cases in the United States, and outlines the paper's focus on the Australian legislative landscape.
II. What is stalking?: This section establishes a general definition of stalking as "persistent and unwanted attention" and presents empirical research regarding stalker typologies and the relationship dynamics between offender and victim.
III. Anti-Stalking Legislation in Australia: This chapter provides a comprehensive, state-by-state breakdown of the specific legal provisions and penalties governing stalking in every Australian jurisdiction.
IV. Discussion: This analytical section compares the differing legal approaches to the "fault element" (intent) and addresses the modern expansion of stalking into cyberspace via email, internet, and computer-based activities.
V. Conclusion and Outlook: The final chapter summarizes the need for evolving legislation to effectively address cyberstalking while maintaining protection for victims of traditional domestic violence stalking.
Keywords
Stalking, Australia, Anti-Stalking Legislation, Criminal Code, Cyberstalking, Domestic Violence, Fault Element, Intent, Victim Protection, Internet Stalking, Email Stalking, Computer Stalking, Law Enforcement, Recidivism.
Frequently Asked Questions
What is the primary focus of this research paper?
This paper focuses on the legal definition and legislative handling of stalking within the Australian jurisdiction, bridging the gap between historical developments in the 1990s and modern digital threats.
What are the key themes explored in the text?
The core themes include the definition of stalking, comparative legislative analysis across Australian states, the legal requirement for intent (fault element), and the classification of cyberstalking.
What is the main objective or research question?
The paper aims to evaluate how different Australian states define and penalize stalking, compare their legal approaches—particularly regarding the requirement of intent—and assess the necessity for new legislation to cover cyber-related threats.
Which scientific methods or approaches are used?
The author employs a comparative legal analysis, reviewing specific criminal codes, legislative amendments, and empirical research findings regarding stalker behavior and demographics.
What topics are covered in the main section?
The main section details the specific anti-stalking statutes of Queensland, New South Wales, South Australia, Victoria, Western Australia, the Northern Territory, Tasmania, and the Australian Capital Territory, followed by a critical discussion of the "fault element" and cyberstalking.
Which keywords best characterize this work?
Key terms include Stalking, Australian Legislation, Criminal Code, Cyberstalking, Intent, Domestic Violence, and Victim Protection.
How does the author define cyberstalking in the context of the paper?
Cyberstalking is defined as analogous to traditional stalking, incorporating threatening behavior or unwanted advances, but utilizing modern technology—specifically through email, internet communication, or unauthorized computer control.
Why does the author prioritize the "fault element" in the discussion?
The author focuses on the fault element because jurisdictions differ significantly in their requirements for proving intent, which has direct consequences for the effectiveness and reach of anti-stalking laws.
- Quote paper
- Dr. Stefanie M. Bausch (Author), 2004, Stalking in Australia - From Past to Present, Munich, GRIN Verlag, https://www.grin.com/document/30907
