Stalking: Defining and prosecuting a new category of offending

The purpose of this paper is to examine the development of anti-stalking laws and the various legal definitions that have been applied to stalking in the United States, Canada, Australia, and the United Kingdom. Specifically, we examine the attempts that have been made to limit the offence to prevent inadvertently making legitimate activities illegal and the relative importance that different jurisdictions have placed on the intentions of the stalker versus the reactions of the victim. Furthermore, the advantages and disadvantages of antistalking legislation are analysed, placing emphasis on the proper application and the potential for misuse of these contentious laws. These laws have, undoubtedly filled a gap in the criminal and civil law that previously permitted effective intervention only after a harasser had caused physical harm to the victim and that largely ignored the enormous potential harm inflicted by inducing persistent fear and apprehension in the victim. Whether these laws prove sufficient to effectively prevent and punish stalking is questionable. This may ultimately depend not only on the motivations and psychiatric status of the offender, but also on the willingness of the criminal justice system to view the offence seriously.