Stalking and the Infliction of Mental Harm (From Stalking: Criminal Justice Responses, P 1-10, 2000, Australian Institute of Criminology -- See NCJ-188298)

• NCJ Number: 188310
• Author(s): Deborah Wiener; Owen D. Chambers
• Date Published: 2000
• Length: 10 pages
• Sale Source: Australian Institute of Criminology
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia
• Note: Paper from the conference, "Stalking: Criminal Justice Responses," organized by the Australian Institute of Criminology, December 7-8, 2000, in Sydney. Downloaded May 14, 2001

Annotation

Victoria's (Australia) stalking laws were enacted just over 5 years ago; this paper examines some areas of difficulty that stem from the legislation: criminal responsibility and what is meant by "physical or mental harm."

Abstract

The legislation aims to proscribe a course of conduct that includes following the victim or any other person; telephoning, sending electronic messages, or otherwise contacting the victim or any other person; entering or loitering outside or near the victim's or any other person's place of business or any other place frequented by the victim or other persons; interfering with property in the victim's or other person's possession; giving or leaving around offensive materials where it will be found by, given to, or brought to the attention of the victim or other person; and keeping the victim under surveillance. The first defect of the criminal-responsibility area of the legislation is that it apparently ascribes intention to a state of mind that is consistent with recklessness, but not intention. Further, there are no definitions of what constitutes mental or physical harm. There is no scale of offense or penalty, and the penalty itself (level 5 or 10 years imprisonment) is particularly high for the type of conduct that is proscribed. 42 notes