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To stalk someone is a crime in the Australian Capital Territory (ACT). Thus, stalking someone to cause them to fear or feel they are in danger or hurt them directly can attract severe legal penalties.
Typically, the maximum punishment for this crime is two years in jail. However, it may rise to five years in prison if the perpetrator had an offensive weapon or if the crime was conducted against a court order.
The offence of Stalking in the ACT is outlined in Section 35 of the Crimes Act 1900 (ACT).
If you are convicted of a stalking offence in the ACT or Canberra, the offence will show up as a disclosable court outcome (DCO) on a national police check in the ACT.
In the Australian Capital Territory, stalking is a common precursor to domestic violence, especially among divorced and separated partners. As a result, stalking someone to instill terror in them or a third party is prohibited in the Australian Capital Territory (ACT).
It doesn't matter about the offender’s reasons for doing it and whether the victim indeed suffered substantial harm due to the stalking act.
The law will assume a person to have committed a stalking offence if they knew or were reckless to the knowledge in any of the following circumstances:
As a result, stalking someone to instil terror in them or a third party is prohibited in the Australian Capital Territory (ACT).
It doesn't matter your reasons for doing it and whether the victim indeed suffered substantial harm due to the stalking act. Stalking someone to cause them harm is a more severe offence. In the Australian Capital Territory (ACT), there are strict penalties for stalking.
A five-year jail sentence awaits a stalker who:
Otherwise, the stalker can face a two-year prison sentence.
According to Section 35 of the Crimes Act 1900 (ACT), someone is guilty of stalking if, at least twice, they:
It is not essential to establish that a victim or a third party has been threatened with significant harm to prosecute the offender.
Consequently, it is critical to highlight that proof of the following is not required to prosecute an infraction under this section:
When it comes to the law, injury means:
Unconsciousness, pain, deformity, and any physical touch that may be objected to under the circumstances, whether or not that contact was known at the time of the encounter, are all examples of "physical damage".
The term "injury to mental health" encompasses both psychological damage and physical sickness. Irrespective of how long the injury lasted, it's still a problem.
In the Australian Capital Territory (ACT), stalking is a serious offence that carries a significant penalty. The legal system may charge stalkers with stalking if they follow another person to harass, intimidate, frighten, or harm that person or someone else.
The section exempts those that carry acts that are presumed to be stalking within reasonable conduct in line with employment. It is not an offence if the person's act was part of a function of employment or other legally permitted act. It includes actions that are:
It must be ascertained that the person engaged in the course of conduct without malice, and the act was done while in the ordinary course of a lawful business, trade, profession, or enterprise; or for an industrial dispute; or to engage in political activities or discussion or communication concerning public affairs.
The courts can also exempt a person from punishment if you can prove it that;
You might be doing an action without knowing it constitutes a charge for stalking. You can also be a victim of stalking and not be aware. Here are some of the behaviours that can describe stalking.
You are going after your ex-partner, following them, making phone calls at night with the hopes of getting back together. You may think it's romantic, but if the other person feels harassed, you are stalking them.
You are in love with someone and develop an obsession, and you keep tracking and making contact with the person even after they ask you not to.
After a full out with a person, you threaten them or their family, promising to harm them. You send messages through telephone or emails showing that you know the schedules and whereabouts of the victims to make your threat real.
Other examples include and are not limited to the following actions against the will of the victim;
It must be shown that the action in question must have been intended, or if the individual knows that, (or is reckless about) whether stalking the other person would be likely;
The accused must have acted on more than one occasion.
As the name implies, cyberstalking is stalking carried out via the use of the computer or other technological channels. Typical forms of cyberstalking include receiving frightening, harassing, or scary email regularly; other examples include unsolicited communication with a person through a social networking website. It involves the use of electronic devices to:
Before depending on the state enacted laws against stalking to assist you, there are steps you can take to protect yourself. You can;
Court hearings concerning the issue will go on even if the culprit ignores the court order.
A breach of the order will attract penalties, or in the case of a court case, the defendant may be issued with a maximum sentence.
If an individual is convicted in Canberra for the offence of Stalking, the offence will show up as a disclosable court outcome (DCO) on the results of their criminal background check. The offence will get disclosed on a criminal history check in accordance with the Spent Convictions Scheme in the ACT.
Individuals can obtain a criminal background check online via the Australian National Character Check - ANCC® website.
Crimes Act 1900 (ACT) - https://www.legislation.act.gov.au/a/1900-40
Section 35 of the Crimes Act 1900 (ACT) (Austlii Reference) - http://www5.austlii.edu.au/au/legis/act/consol_act/ca190082/s35.html
E-safety commissioner - https://www.esafety.gov.au
Australian Privacy Foundation (Australian Stalking Laws) - https://privacy.org.au/resources/privacy-law/australia/
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