It’s a good feeling if someone genuinely shows interest in you. However, it becomes troublesome, scary and frustrating when it goes too far for your liking, or the interest comes from someone you don’t want to have any such relationship with.
This unwanted communication can be related to stalking. The pattern of behaviour exhibited by the stalker makes the victim feel nervous, afraid, harassed and in danger, according to The National Centre for Victims of Crime in the United States.
For such behaviour to be defined as stalking it must be repeated over time. The number of repeated incidents varies from country to country.
In many jurisdictions, it’s called harassment.
Some of the crimes we’re witnessing now in T&T where persons are missing, abducted and even killed may contain elements of stalking/harassment. Both males and females can be victims of stalking or harassment but females report such incidents more than males. Stalkers can also be of different ages, social class and ethnicity.
There is no set category of persons who can be a stalker, although hhere are several typologies of stalkers. One simple typology creates three categories of stalkers based on the nature of relationships: former sexual intimate, an acquaintance, or a stranger. A more complex typology shows five categories of stalkers: the rejected stalker, resentful stalker, intimacy-seeking stalker, incompetent stalker, and predatory stalker.
In T&T, such harassment comes under the Offences Against the Person Act (Amendment) (Harassment), 2005 which came into force in 2008. Harassment is defined as alarming a person or causing a person distress by engaging in any of the following seven types of behaviours:
• Following, making visual recordings of, stopping or accosting the person
• Watching, loitering near or hindering or preventing access to or from the person’s place of residence, workplace or any other place frequented by the person
• Entering property or interfering with property in the possession of the person
• Making contact with the person whether by gesture, directly, verbally by telephone, computer, post or in any other way
• Giving offensive material to the person, or leaving where it will be found by, given to, or brought to the attention of the person
• Acting in any manner described in the above ways towards someone with a familial or close relationship to the person
• Acting in any other way that could reasonably be expected to alarm or cause the person distress
For an act to be legally termed harassment, it must be done at least on two occasions? What’s the punishment for such harassment? On summary convictiona fine of $2,000 and imprisonment for six months.
If while engaging in harassment in any of the seven ways listed above, the offender causes the victim to fear that violence will be used, on summary conviction, the fine is $ 5,000 or six months imprisonment. If convicted on indictment , the fine is $ 10,000 and imprisonment for five years.
A court may also make two types of orders: a protection order and a compensation order. The protection order states what type of behaviour the perpetrator shall not engage in as well as other prohibitions and conditions. It also specifies beginning and end dates. If a person fails to comply with a protection order, on summary conviction, he is liable to six months imprisonment. Persons can apply for a variation of such an order. A victim can be compensated for loss of earnings, medical expenses, moving and accommodations expenses, and legal costs under this law. This compensation is to be paid by the perpetrator.
During the Carnival season, citizens should be aware of stalkers and harassers but they can become victims at any time of the year. If someone believes they ae being stalked, they should contact the police and tell a friend or close relative. There are several emergency numbers and telephone help lines to call.
It is important to know what to do, where to go for help, who to call ahead of time, how to escape a violent situation, etc. In fact, self-defence training can be effectively used to keep off attackers.
Let their friends or family know that you are afraid and need help. Always tell others where you are going and when you are expected back. Keep a cell phone handy and remember at all times to keep notes, letters, texts, etc that stalkers send so they can be used in legal matters.
