Q151: Someone keeps ringing/texting me and waiting for me outside work. I think they are stalking me, what can I do?

Harassment

If someone approaches you or rings/texts you on two or more occasions then they may commit an offence of harassment. The behaviour must form a course of conduct, this means related behaviour on two or more occasions. The further apart the incidents are, the less likely there is to be an offence of harassment. However, all the circumstances of the incident will be taken into account when determining if an offence has been committed.

The law uses a 'reasonable person' test, this means that if it was felt that a person of reasonable firmness, i.e. the average person on the street, would not find the behaviour to be oppressive, alarming or distressing, the offence is not committed. The offender must also be aware that the course of conduct they are pursuing would cause the victim to be alarmed or distressed.

Stalking

If someone pursues a course of conduct that amounts to harassment as described above, then this may amount to an offence of stalking if the conduct involves acts associated with stalking. Whilst there is no strict legal definition of 'stalking', legislation gives examples of acts that could amount to stalking. This includes, but is not limited to:

• following a person;
• contacting or attempting to contact a person by any means;
• publishing a statement or other material relating to a person or purporting to relate to a person or purporting to originate from a person;
• monitoring the use by a person of the internet, email or any other form of electronic communication;
• loitering in any place (whether public or private);
• interfering with any property in the possession of a person;
• watching or spying on a person.

Fear of violence or serious alarm or distress

If someone is threatening you with violence then there is a more serious offence of harassment with fear of violence or stalking involving fear of violence or serious alarm or distress.

For the first offence to be committed, a person must engage in a course of conduct which amounts to harassment and causes another to fear that on at least two occasions, violence will be used against them. The person must know that their behaviour will cause fear of violence on each of those occasions.

In relation to conduct that amounts to stalking, the offence can be committed in two ways. Firstly if the conduct causes a person to fear that on at least two occasions, violence will be used against them; the person engaging in the conduct must know that their behaviour will cause fear of violence on each of those occasions. Secondly if the conduct causes a person serious alarm or distress which has a substantial effect on their usual day to day activities and the person engaging in the conduct ought to know that it will cause serious alarm or distress.

What can be done

If you feel that you are being harassed or stalked then you can contact your local police. If there are any threats of violence towards you, you should always inform the police and they will treat the matter with greater urgency.

In addition to any criminal proceedings, the police are able to apply for a Stalking Protection Order. This is a civil order similar to an injunction, which can impose restrictions on the person engaging in stalking behaviour. The order may prohibit the person entering certain locations or contacting the victim by any means. It can prohibit contacting any family members or friends of the victim or referencing them on social media. The restrictions imposed are tailored to the individual's circumstances. A Stalking Protection Order can be applied for whilst criminal proceedings are ongoing or before criminal proceedings begin to allow early intervention where behaviour could escalate to the committing of a stalking offence. A person who breaches a Stalking Protection Order commits a criminal offence.

There is a Stalking helpline and website which provides advice and support to those who are being stalked. It is run by Network for Surviving Stalking, Protection Against Stalking and the Suzy Lampugh Trust and is part funded by the Home Office.

• 0300 636 0300
• advice@stalkinghelpline.org.

Advice from the website states that you should contact them if -

• You or someone you know are being made to feel harassed or intimidated by the behaviour of another person and:
• You are unsure what can be done about this person's behaviour?
• You feel that you, your friend or family member are at risk of emotional or physical harm?
• You think this person has or will damage personal property?
• You feel you cannot go directly to the police about this behaviour?

For further information, please see the websites in Related Information.

It is possible that this type of behaviour may constitute harassment ,see the related questions in Related Information. However, it would probably be best if you first made contact with your local neighbourhood policing team who may be aware of other incidents and know the identity of the youths involved (if you don't). Police Community Support Officers are a valuable source of information.

The officers may be able to consider applying for civil injunctions or Criminal Behaviour Orders if the same youths are persistently causing a community problem with these types of nuisance activities.

These types of problems may not be solved straight away though, a lot of enquiries, research and observations may be required by both officers and members of the community in order to combat this anti-social behaviour.

It may be a good idea to keep a log of the incidents including the date, time and details of the incidents that have taken place, which may assist officers and local authority staff when investigating these matters.

If you receive two or more nuisance or threatening communications this could amount to an offence of harassment. For harassment to be committed, there must be a 'course of conduct' i.e. two or more related occurrences. The communication does not necessarily have to be violent in nature, but it would need to be oppressive and cause alarm or distress.

The incidents must be related and must not be two isolated incidents. The further apart the incidents are, the less likely there is to be an offence of harassment. However, all the circumstances of the incident will be taken into account when determining if an offence has been committed.

The law takes into account the "reasonable person" test. This means that if it was felt that a person of reasonable firmness i.e. the average person on the street would not be alarmed or distressed, the offence is not committed. The offender must also be aware that the course of conduct they are pursuing would cause the victim to alarmed or distressed.

Example
A and B were partners, A finishes the relationship but B is not happy. B sends 30 communications over the course of a week begging A to reconsider. If A is then distressed by this course of action, an offence of harassment is likely to have been committed. Note however, if A was not distressed and ignored the communications, then no offence of harassment would have occurred.

There are two possible ways of dealing with this type of harassment; through the police or the civil courts. To commence civil proceedings you should contact the Citizens Advice, please see the link in related information to find your nearest one. Alternatively, if you would like police involvement you can contact your local policing team via the non-emergency 101 number.

Depending on the exact nature of the information and how they have posted it (Have they sent the information to someone else? Have they posted it via their own account? Who has access to the information?), an offence may have been committed.

The offence of harassment may apply. For harassment to be committed, there must be a 'course of conduct' (i.e. two or more related occurrences). The information does not necessarily have to be violent in nature but must be oppressive and need to have caused some alarm or distress. See Q497 for further information regarding this offence.

If the information is indecent, grossly offensive, obscene or threatening/menacing, then an offence relating to 'malicious communications' may have been committed. This offence does not require more than one incident. You can report any of these offences to your local policing team and they will then investigate and take appropriate action.

If the information posted does not fall under either of the above offences, then you may wish to consider whether the person has committed 'libel' (defamation of character - publishing a false statement that is damaging to a person's reputation). If this is the case, you would need to take action through the civil courts as this would be a civil matter and the police do not have any jurisdiction to assist with this. You should seek legal advice from the Citizens Advice and/or a solicitor before taking any action regarding this. Please see related information to find your local bureau.

In the first instance, depending on the circumstances and the nature of the information, you may wish to initially make a report to Facebook/Twitter (before contacting the police/Citizens Advice/a solicitor), as these sites have processes in place for such situations, and may be able to simply remove the content and/or close down the person's account.