Stalking: Final Report (html)

4. Understanding and responding effectively to stalking

Overview

• The community needs education about stalking, harassment and similar conduct, and how to respond to disclosures.

• Education should make it clear that stalking is a serious criminal offence.

• Education should address myths about stalking and emphasise that people who experience stalking are not responsible for it.

• People working in the justice system need to understand stalking and how best to respond to it.

Stalking requires a community response

4.1 Research suggests stalking is widespread (see Chapter 2), but as a community we appear to be ignoring the problem. This means that:

• people who engage in stalking may not know that what they are doing is a crime or fully understand its impacts

• people who are experiencing stalking may not know how to name what is happening to them, how to get support or access the justice system.

4.2 Education is required so that the community can respond appropriately to stalking.

4.3 A community that understands stalking may help:

• meet victim survivors’ justice needs, including needs for information or to be believed (see Chapter 1)

• overcome the barriers to reporting stalking (see Chapter 2).

4.4 Education may also play a role alongside early intervention to prevent stalking behaviour.^[1]

4.5 Targeted education is required for people working in the justice system, so they can respond appropriately.

4.6 In our interim report we made recommendations to improve police understanding of stalking.^[2] In this chapter we discuss improving the understanding of everyone who works in the civil and criminal justice systems.

What information about stalking needs to be common knowledge?

4.7 Guided by existing and ongoing research, education should challenge and correct common myths about stalking. We identify some of these myths below (see Table 9).

4.8 On the basis of the available research, everyone in the community should be able to:

• identify stalking and know it is a criminal offence

• know the different forms stalking can take, including in a family violence context and cyberstalking^[3]

• know how stalking is different from harassment and similar conduct^[4]

• know what people can do to protect themselves if they experience stalking, and who to speak to about safety planning and collecting evidence.^[5]

4.9 Education should help people who experience stalking to make informed choices about:

• getting help and accessing victim support

• reporting and what this involves, including what will happen if the police charge someone with a criminal offence.^[6]

4.10 Education should help family, friends, and others in the community know how to:

• support someone who is being stalked

• respond if they become aware of behaviour that might involve stalking.

4.11 Education should make it clear that people who stalk are accountable for their behaviour (see Chapter 1).

4.12 One member of the public told us:

Women should not have to have their awareness ‘raised’. Quite simply, men should not stalk women. With whatever education campaign you create, please ensure that women are not seen as somehow responsible for the actions of others.^[7]

4.13 People who stalk, or whose behaviour could turn into stalking, should be able to recognise what they are doing, know that it is wrong or illegal, and know where they can get help to prevent or change their behaviour.^[8] In Chapter 8 we discuss improving treatment and support for people who stalk.

4.14 In Chapter 3 we discuss what public education on cyberstalking should cover.

4.15 It may be useful for information sources to provide clear summaries of how to recognise and respond to stalking.^[9] For example, the ‘rules’ below are used in Germany. After suitable evaluation, they could be adapted to suit the needs of people who experience stalking in Victoria (see box).^[10]

Stalking is not well understood

4.16 Victim survivors told us about gaps in knowledge and information, including:

• how to identify stalking and the different types of stalking^[14]

• that stalking is against the law^[15]

• how to stay safe^[16]

• how to take action.^[17]

4.17 These gaps were also identified by other submissions and consultations. The Centre for Forensic Behavioural Science told us:

there is a need to provide information and support to victims of stalking, particularly those who experience non-family stalking, for which very few resources exist.^[18]

4.18 Stalking behaviours are sometimes viewed as normal or romantic.^[19] Popular culture can perpetuate the myth that ‘the stalker was actually the right person all along’.^[20]

4.19 As a male victim of stalking told us:

4.20 We summarise what appear to be common myths about stalking in Table 9 below.

Table 9: Common myths about stalking

People who experience stalking may feel alone

4.21 People who are stalked may feel alone. They may not understand what is happening to them. They may be unsure whether they will be supported if they tell someone about it.

4.22 People who are stalked should not have to deal with the situation on their own, nor be made to feel they have brought it on themselves. Yet the myths about stalking that we identified above appear to be widespread, and it is common for people who are stalked to feel responsible.

4.23 This means that their justice needs are not being met, such as the need for information or to be believed (see Chapter 1).

Current sources of information are limited

4.24 The Victorian Government’s Victims of Crime website and the national 1800RESPECT website have information about stalking and the justice system’s response to it.^[35]

4.25 This information is clear and practical, but people may not know it exists or where to find it. While both websites appear at the top of an online search using the phrase ‘stalking get help’, this will not help people who do not know that what they are experiencing is stalking. Nor does the Victims of Crime website emphasise that people who experience stalking are not responsible for the behaviour.^[36] This important point is highlighted on the 1800RESPECT website.^[37]

4.26 The information is found in different places and does not give people a complete picture of their options. For example, information about personal safety intervention orders (PSIOs) is available on Victoria Legal Aid’s ‘Violence, abuse and personal safety’ webpage, but this page does not include information about the criminal offence of stalking.^[38]

4.27 Other information, while helpful, may not be clear enough for people who experience stalking. As we discuss in Chapter 3, certain forms of technology-facilitated abuse, including cyberstalking, can be reported to the eSafety Commissioner who can take action. But the information on its website about these options and what a person should do (for example, collect evidence) does not make it clear that it applies to people experiencing stalking.^[39]

4.28 These websites have information in a variety of languages. But aside from the eSafety Commissioner’s website, they do not address the needs of people who face additional barriers to justice. For example, they do not provide links to Aboriginal service providers.

There should be a commitment to public education about stalking

4.29 The Victorian Government should fund public education to strengthen the community response to stalking, challenge mistaken beliefs about it, and help meet the justice needs of people experiencing stalking.

4.30 Public education should highlight the information that is already available and fill the gaps.

4.31 In the feedback we received, many people emphasised the need for education: people who had experienced stalking,^[40] other members of the public,^[41] advocacy and peak bodies,^[42] lawyers and others working in criminal justice,^[43] and researchers.^[44]

4.32 As we discussed in Chapter 2, most people who experience stalking do not report it. But people who identify behaviours as stalking are more likely to seek support and to report it to the police than those who are unclear about what is going on.^[45]

4.33 People who receive a supportive response when they first disclose stalking may also be more likely to recognise its seriousness and report it to police.^[46]

4.34 In Chapter 3 we discuss the need for public education to include education on cyberstalking.

Education about stalking should be guided by the latest research

4.35 As we discussed in Chapter 2, the research and data currently available on stalking is limited. Because our knowledge is limited it may be difficult to appropriately educate people about stalking or identify mistaken ideas.

4.36 In Chapter 2 we made recommendations to strengthen stalking data and research. However, where the research and data are inadequate, this should be openly acknowledged.

4.37 Public education about stalking should be guided by the latest research and data, and educational resources should be continually updated.

How should public education be delivered?

4.38 Suggestions we received about how to deliver public education included:

• providing a central information point (for example, ‘Stop Stalking’ in Germany)^[47]

• an information campaign including annual events (for example, a National Stalking Awareness Week and the ‘FOUR’ campaign in the United Kingdom, which encourages people to identify stalking on the basis it is Fixated, Obsessive, Unwanted and Repeated)^[48]

• local community outreach^[49]

• community legal education^[50]

• a stalking resource centre.^[51]

4.39 In Chapter 3 we discuss potential models of public education for cyberstalking.

4.40 These are potential models to explore for educating the public about stalking. We do not endorse a particular model here. However, in our report Improving the Justice System Response to Sexual Offences (2021) we noted that successful community education needs an ongoing commitment and enough resources. As we stated in that report, it is important that education strategies:

• use community-level strategies as well as mass media

• tailor communications for diverse audiences

• build on positive behaviour rather than focusing only on what is going wrong

• use peers and leaders to champion good behaviour.^[52]

What groups and settings should be a focus?

Families and friends

4.41 Research indicates that people who experience stalking are more likely to seek help from friends or family than report the matter to police.^[53] This finding was supported by the Sexual Assault Services Network and others:

Victim survivors are most likely to tell friends and family first—trusted people. They may tell work colleagues if the behaviour is occurring in that environment.^[54]

4.42 Many people who had experienced stalking told us that they chose to tell a friend or family member before approaching anyone else for help.^[55] While most friends and family responded positively, there were also negative responses. One person told us about her experience disclosing her experience to her parents:

4.43 Advocacy and peak groups for young people said:

[an] underlying theme for young people experiencing stalking, particularly when it is online, is that some families struggle to understand what is going on and undermine what is really happening and the implications of it.^[57]

4.44 It is important that friends and family members know how to identify stalking and where people can get help, and that publicly available information is accurate and comprehensive.

4.45 If friends and family members do not respond positively or know how to help children or young people who report stalking, this can place too much reliance on teachers and schools.^[58] Everybody in the community should know what stalking involves and where someone who is being stalked can go to get legal and other forms of support.^[59]

Schools and higher education

4.46 Schools and universities are important settings for education about stalking because of how common it is among young people (see Chapter 2) and its effects on them. The Sexual Assault Services Network told us that ‘The pursuit mentality begins in primary school (“girls like the chase”) and this is where interventions need to begin.’^[60] The Alannah and Madeline Foundation emphasised the negative effects on children and teens including reduced ‘physical and mental health, school disengagement and/or suicidal ideation’.^[61]

4.47 Some children and young people may feel more comfortable disclosing to a trusted adult in schools and universities than elsewhere.^[62]

4.48 We were told that there are no stalking-specific teaching resources in the Victorian public education curriculum, although teachers may cover stalking as part of respectful relationships education.^[63]

4.49 The Alannah and Madeline Foundation stressed the need for:

comprehensive, evidence-based, well evaluated education for children and teens about respectful relationships (including online) and digital intelligence.^[64]

4.50 Advocacy and peak bodies representing young people said young people need tailored education about stalking.^[65]

4.51 The Office of the eSafety Commissioner has developed cyberbullying resources that address the needs of young people using relevant and age-appropriate scenarios (see box).

4.52 School programs and educational resources should be developed in collaboration with young people:

Young people want to be involved and they want to hear presentations from people about their experiences, rather than receiving a Powerpoint presentation about the law.^[67]

4.53 Several people suggested that information on stalking for children and young people could be introduced into the respectful relationships curriculum.^[68] In our sexual offences report we recommended that the government review the content and implementation of Victoria’s respectful relationships and sexuality education.^[69] Considering the need for teaching resources about stalking could be part of this review process. Stalking education could also be included in programs introduced in response to the Royal Commission into Victoria’s Mental Health System. The Royal Commission recommended that the government fund anti-stigma and anti-bullying programs to help schools support students’ mental health and wellbeing.^[70]

4.54 It is important that schools know what to do if they identify stalking or a student discloses stalking at school. We heard about schools not doing enough to respond to stalking. One young person told us:

4.55 A person describing the experience of their school friend said:

4.56 In Chapter 6 we discuss alternative pathways to the justice system for children and young people.

4.57 Universities play an important role.^[73] As noted in Chapter 2, studies in the United States indicate higher rates of stalking among enrolled college students compared to the general population.^[74]

4.58 One LGBTIQA+ young person with a disability told us:

4.59 For one international student, the university was able to stop the stalking without it needing to reach the justice system:

4.60 On the other hand, we also heard about the need for improved and more consistent responses to stalking by universities.^[77]

Health providers

4.61 Health providers such as maternal and child health services and general practitioners are widely accessible. Submissions from Forensicare and the Centre for Forensic Behavioural Science emphasised that if people working in these sectors can identify stalking they will be able to help victim survivors who interact with them.^[78]

4.62 The attitudes held by health providers influence their behaviour.^[79] If they are informed about stalking and recognise the dangers they will be more likely to help anyone who discloses it. It also makes a difference if they consider stalking ‘an appropriate area for intervention on their part’.^[80]

4.63 Service providers need to respond to the needs of diverse communities.^[81] The Victorian Pride Lobby said staff should be informed and aware about LGBTIQA+ issues and should include people from diverse backgrounds.^[82]

Education about stalking for people working in the justice system

4.64 We heard about gaps in knowledge about stalking in the criminal and civil justice systems, including amongst:

• police

• prosecuting lawyers in criminal cases

• judicial registrars^[83]

• court staff such as registrars

• judicial officers such as magistrates or judges.

4.65 This is not surprising given the limited data and research on stalking (see Chapter 2) and the general community’s lack of knowledge about it. Also, because stalking may involve acts that would be legal in other contexts, it can be hard for people working in the justice system to identify it and know how to respond (see Chapters 1 and 2).

4.66 People who have experienced stalking have diverse needs. They may have experienced significant trauma from the stalking behaviour (see Chapters 1 and 2). The response of people in the justice system can sometimes ignore their experience.

4.67 We recommend providing education and training about stalking for people working in the justice system. This is critical to ensuring their response to stalking is effective.^[84]

4.68 Research suggests that education helps people working in the justice system:

• understand stalking

• identify it

• know what legal options are available for victim survivors.^[85]

4.69 Education may have other benefits, such as:

• correcting myths about stalking

• ensuring the law is interpreted and applied well

• meeting the justice needs of victim survivors (see Chapter 1)

• reducing the likelihood of the justice process being traumatic

• making sure the response to stalking keeps the victim survivor safe and addresses the stalking behaviour.

4.70 Clarifying the law relating to stalking (see Chapter 7), and introducing the other reforms we recommend in this report and in our interim report,^[86] will not achieve meaningful change unless the people who apply the law also change their attitudes and understanding. Education is needed to support cultural change.^[87]

4.71 We identify how best to provide education and specific areas to focus on in the next section. As we discuss in Chapter 3, it is important that this education includes cyberstalking.

Education for police

4.72 Police are a critical part of the response to stalking. As well as providing emergency responses they act as a gateway to the criminal justice system and can facilitate access to the civil justice system (see Chapters 6 and 7). If they do not identify and record stalking, investigate it and file charges, or prosecute personal safety intervention order (PSIO) breach offences, stalking will be ignored by the justice system.

4.73 In our interim report we made recommendations to improve the ways that Victoria Police identifies and responds to stalking, including through education and training

(see box).

Education for other people working in the justice system

4.74 Everyone who works in the justice system should receive some education. We discuss these general areas next. Later in the chapter we identify specific areas of focus for prosecutors and judicial officers, judicial registrars and court staff.

Awareness of barriers to justice and victim survivor needs

4.75 Most people face barriers to reporting and disclosing stalking (see Chapter 2) and cyberstalking (see Chapter 3). However, it is important that people working in the justice system understand that some groups or communities face additional barriers to justice.

4.76 We were told that ‘the whole court system’ could benefit from an improved understanding of the barriers faced by people from culturally and linguistically diverse backgrounds.^[90] Concerns included a lack of empathy for victim survivors and ‘a failure to understand … cultural mannerisms’ on the part of people working in the justice system.^[91]

4.77 People who have experienced stalking may have also suffered serious trauma (see Chapter 2). Yet we heard that the responses they received from people working in the justice system were not sensitive to their experience.

4.78 One young person told us about her experience in court:

4.79 Another, who had engaged with the courts to get a civil justice response in the last 1–2 years, said:

4.80 We heard similar complaints about prosecuting lawyers. Derryn Hinch’s Justice Party reported hearing ‘repeatedly from victim-survivors that their interaction with the Office of Public Prosecutions (OPP) has been deeply unsatisfying, unrewarding and even retraumatising’.^[94]

4.81 It is important that people who work in the justice system understand:

• the impact of trauma on victim survivors

• how victim survivors might present as a result of the trauma

• how best to respond to the trauma.^[95]

4.82 The Office of the eSafety Commissioner explained the impact of trauma in a cyberstalking context:

Victim survivors are in a state of high stress, so it is important to be able to recognise trauma, when people are coming to you to report, and to actually sit and listen and believe them by default—because they often can’t string together an actual story, but they don’t necessarily recognise everything that’s happening either. They just know that someone is following them and knows something about them…^[96]

4.83 The Victims of Crime Commissioner stated that the justice system ‘should adopt a trauma-informed approach’.^[97]

4.84 In our Committals report we said:

A trauma-informed approach recognises the barriers that [victim survivors] who have been through traumatic events may confront during their participation in criminal proceedings, such as difficulties discussing the traumatic events, impaired recollection, fear of being blamed or not believed, and distrust of authority figures.^[98]

4.85 We continue to think that a ‘trauma-informed’ approach in the justice system could:

• reduce further trauma for victim survivors

• build victim survivors’ trust in the justice system

• empower victim survivors to participate in the system.^[99]

4.86 While we make this recommendation in relation to stalking, we note that education about barriers to accessing justice and responding to trauma will likely help improve the justice system response to all victim survivors of crime.^[100]

The nature of stalking

4.87 People who respond to stalking need to understand its nature and dynamics to respond in an effective and supportive way.

4.88 A small study in the United States found that people who had received training about stalking were less likely to believe myths about it than before they received the training.^[101]

4.89 In Chapter 6 we recommend that guidance should be developed to support courts to identify stalking. This should be the subject of education when the guidance is in place. Being able to recognise stalking may help people in the justice system respond to it.^[102]

4.90 Education on the nature of stalking should include information about:

• technology-facilitated abuse related to stalking (cyberstalking),^[103] including its nature and impacts.^[104]

• other behaviours connected to stalking such as intimate image-based abuse and cyberbullying.^[105]

4.91 Education on these topics could improve:

• how people in the criminal justice system apply and understand the stalking offence (see Chapter 7).^[106]

• how protection order conditions are crafted, including conditions on the use of technology (see below).^[107]

Options and pathways in the justice system

4.92 As there are both civil and criminal legal responses to stalking, it might be difficult for people working in the justice system to decide which option is most suitable in a particular case. Education should cover the different options and pathways in the justice system and give people enough information to make a decision.

4.93 This should include:

• support and justice options for stalking victim survivors, including for cyberstalking (see Chapter 3)

• when mediation should be used in cases of harassment or other behaviour instead of applying for an intervention order (see Chapter 6)

• what treatment or support is available for people who stalk and how to refer people to these services (see Chapter 8)^[108]

• when an assessment for people who stalk might be appropriate^[109] (see Chapter 8).

Education about dropping stalking charges

4.94 The stalking offence and its ‘course of conduct’ element is commonly described as complex and difficult to apply in practice (see Chapter 7).

4.95 We heard that charges for stalking may be discontinued because of plea-bargaining and negotiation. Victoria Police prosecutors or the Director of Public Prosecutions (DPP) may withdraw or downgrade charges during negotiations with the defence or as a result of their own case review.^[110]

4.96 The Sentencing Advisory Council explains how these negotiations may play out in practice and why:

The decision of which charges to apply to stalking-like behaviour turns on a combination of prosecutorial discretion and plea negotiations … even if stalking charges are laid by police and prosecutors, those charges are often the focus for defence lawyers in plea negotiations, given the high maximum penalty for the stalking offence (10 years’ imprisonment), and often are dropped by prosecutors, given the comparative ease of proving incident-based offences or breaches of intervention orders.^[111]

4.97 Derryn Hinch’s Justice Party told us that there is:

at least a basic obligation for the OPP to actively prosecute offenders to the full extent of the law—and we are frustrated by the regular downgrading of charges and early settlements of cases in Victoria.^[112]

4.98 There can be valid reasons for dropping stalking charges, such as revised assessments of the evidence or new evidence coming to light. Early resolution of cases may be welcomed by some victim survivors. But the practice of discontinuing or withdrawing stalking charges in plea negotiations may also have negative outcomes:

• It may be traumatic for victim survivors who feel the harm is not being taken seriously or is being dismissed.^[113]

• It may limit the availability of treatment or rehabilitation programs (see Chapter 8).^[114]

4.99 The Sentencing Advisory Council noted the need to ‘improv[e] awareness of the consequences of negotiating away stalking charges’.^[115]

4.100 Given the potential negative outcome of negotiations, this should be a focus of education for prosecutors.

4.101 In previous reports we have discussed charging practices, plea negotiating processes, and the benefits of consulting with victim survivors about decisions to withdraw or discontinue charges.^[116] In our Committals report we recommended charging training for police officers and earlier involvement of the DPP in charging decisions.^[117]

4.102 Education for prosecutors should include the DPP’s obligations under the Victims’ Charter Act 2006 (Vic) to seek the views of, and provide reasons to, victim survivors about any decision to substantially modify the offences charged, discontinue charges or accept a plea of guilty to a lesser charge.^[118]

4.103 These obligations do not currently apply to other prosecuting agencies such as Victoria Police. We have previously recommended that they should apply to all prosecuting agencies.^[119] Regardless of their legal obligation to consult with victim survivors, prosecutors should be educated about the benefits for victim survivors of doing so.

4.104 In Chapter 7 we discuss the need for research on why stalking charges may not proceed through the justice system.

Specific education for judicial officers, registrars and court staff

4.105 Judicial officers involved in stalking cases include magistrates in civil and criminal jurisdictions of the Magistrates’ Court and Children’s Court.

4.106 Judges of the County Court also deal with stalking in criminal cases, but this is less common due to:

• barriers to reporting (see Chapter 2)

• a drop-off in cases in the justice system (see Chapter 2)

• most stalking charges being prosecuted as summary charges (see Chapter 7).^[120]

4.107 In addition to the areas described above, judicial officers could benefit from specific education and training about:

• the impact of PSIOs on children, given their developmental phases (see Chapter 6)^[121]

• how to frame the conditions of intervention orders to respond to cyberstalking (see Chapter 3).^[122]

4.108 The Judicial College of Victoria told us that judicial registrars may manage PSIO matters, but they cannot access the Judicial College of Victoria’s education programs related to stalking.^[123]

4.109 Court staff, especially registrars, do not receive much training on stalking even though they are a critical part of responding to it:

Registrars play an important role in triaging the court list and identifying appropriate services for referral so they need to be supported to identify stalking and levels of risk within the multitude of matters that come before them.^[124]

4.110 The Magistrates’ Court noted the importance of training on stalking for magistrates, judicial registrars, registrars and court staff.^[125]

4.111 We recommend that judicial registrars and court staff are included in education and training efforts.

4.112 Education for judicial officers on when to order a pre-sentence assessment report could be valuable. Making courts aware of the need for assessments would help people who stalk get treatment and support to address their behaviour. We also recommend guidance be developed for sentencing breaches of PSIOs (see Chapter 8).

What education is available now?

4.113 For judicial officers, the Judicial College of Victoria has education initiatives on stalking and responding to victims of crime (see box).

4.114 There are several Magistrates’ Court professional development days throughout the year, including on family violence stalking. A recent session covered PSIOs.^[131]

How should education be delivered?

4.115 Education and training on stalking could build on the education initiatives that are already in place. The Magistrates’ Court suggested that training could be delivered online and recorded, which would allow for greater participation than if training is held solely in-person.^[132]

4.116 We heard, however, that the non-specialist approach for non-family violence stalking makes it difficult to identify judicial officers who come across stalking matters. It may be difficult to encourage judicial officers who need more targeted education and training to participate. In reality, it might be several years before they come across a stalking offence.^[133]

4.117 Our recommendations in Chapter 6, which call for a specialised approach to stalking, could help address this issue, at least in relation to the PSIO system. The Judicial College of Victoria suggested that a target group for stalking training could be identified based on judicial officers who have the most contact with PSIO matters.^[134]

4.118 As a general principle, education on stalking could be included in non-specialised programs and educational efforts. This would bring knowledge on stalking into the mainstream and would be more resource efficient, given the low numbers of non-family violence stalking cases, especially in the criminal justice system.

4.119 As most stalking matters are in the PSIO system and Magistrates’ Court, we suggest that any education initiatives focus on these avenues first, and on OPP prosecutors who are the gatekeepers for stalking cases heard in the County Court. If prosecutions for stalking offences increase, it would be sensible to expand this education to judges in the County Court.

4.120 Education and training should also cover any other reforms implemented from the interim report and this report.

1. We discuss alternative pathways to the justice system for children and young people in Chapter 6. We discuss early intervention for adults in Chapter 8.

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2. Victorian Law Reform Commission, Stalking (Interim Report No 44, December 2021).

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3. Consultation 8 (eSafety Commissioner).

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4. Harassment can be distinguished from stalking because it is not necessarily ongoing, the intention of the person harassing is irrelevant to establishing the harassment, and it may be suitable for mediation or conciliation. See, eg, ‘Sexual Harassment’, Victorian Equal Opportunity and Human Rights Commission (Web Page) <https://www.humanrights.vic.gov.au/for-individuals/sexual-harassment/>.

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5. Submission 100 (Forensicare). Victoria Police told us about the challenges that can arise if people who experience stalking do not keep details of interactions they have had with the person who is stalking them: Submission 115 (Victoria Police).

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6. Submissions 32 (Centre for Forensic Behavioural Science), 51 (Matthew Raj). Assistant Professor Raj also suggested it would be useful to identify conduct that is counter-productive, such as physically confronting the person stalking you, or blaming yourself for the stalking.

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7. Submission 11 (Anonymous). See also Submission 51 (Matthew Raj).

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8. See generally Submission 100 (Forensicare); Consultation 31 (Roundtable with multicultural and multifaith community organisations). Some people who stalk may not be aware that what they are doing is stalking and illegal: see generally Adrian J Scott et al, ‘International Perceptions of Stalking and Responsibility: The Influence of Prior Relationship and Severity of Behavior’ (2014) 41(2) Criminal Justice and Behavior 220.

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9. The Suzy Lamplugh Trust (a charity that runs the UK’s National Stalking Helpline) has a page on its website, ‘Get stalking advice and help’, with an online tool that can be used ‘to better understand if you are being stalked and what support [there is]’: ‘Get Stalking Advice and Help’, Suzy Lamplugh Trust (Web Page, 2019) <https://www.suzylamplugh.org/Pages/Category/get-stalking-advice-and-help>. ‘Victim Support’ in the United Kingdom also has a ‘Stalking and harassment’ web page, with information about how to identify stalking; practical ideas, including keeping a diary of events; and how to get help from Victim Support. The page has links to other resources, including to information and safety tips for people experiencing cyber-stalking: ‘Stalking and Harassment’, Victim Support (Web Page) <https://www.victimsupport.org.uk/crime-info/types-crime/stalking-and-harassment/>.

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10. The rules are reproduced in: Harald Dressing et al, ‘The Prevalence and Effects of Stalking’ (2020) 117(20) Deutsches Ärzteblatt International 347, 349. One way they could be adapted for use in Victoria would be by recommending calling the Victims of Crime helpline rather than contacting a ‘specialized attorney’ (point 9).

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11. Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

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12. A victim survivor of stalking who identified as having a disability: Ibid.

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13. A victim survivor of stalking who identified as a refugee or migrant: Ibid.

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14. Ibid.

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15. Submission 4 (Name withheld).

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16. Submission 59 (Name withheld).

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17. Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

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18. Submission 32 (Centre for Forensic Behavioural Science). We were told in numerous submissions and consultations that people are often unable to identify they are being stalked and do not know where to go for help: see, eg, Consultations 4 (Sexual Assault Services Network), 17 (Small group meeting on stalking and young people), 30 (Roundtable with multicultural and multifaith lawyers and legal stakeholders), 31 (Roundtable with multicultural and multifaith community organisations). See also Victorian Law Reform Commission, Stalking (Interim Report No 44, December 2021) [2.17]–[2.18]; Tim Boehnlein et al, ‘Responding to Stalking Victims: Perceptions, Barriers, and Directions for Future Research’ (2020) 35(7) Journal of Family Violence 755, 755–6.

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19. Michelle Sibenik, ‘A Critical Analysis of the Applications of Anti-Stalking Legislation in Victoria, Australia’ (PhD Thesis, Monash University, 2018) 49, 57, 61–2.

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20. Consultation 4 (Sexual Assault Services Network).

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21. Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

    ↑

22. Laurence Miller, ‘Stalking: Patterns, Motives, and Intervention Strategies’ (2012) 17 Aggression and Violent Behavior 495, 496; Michelle Sibenik, ‘A Critical Analysis of the Applications of Anti-Stalking Legislation in Victoria, Australia’ (PhD Thesis, Monash University, 2018) 49, 57, 61–2. See also Bronwyn McKeon, Troy E McEwan and Stefan Luebbers, ‘“It’s Not Really Stalking If You Know the Person”: Measuring Community Attitudes That Normalize, Justify and Minimise Stalking’ (2015) 22(2) Psychiatry, Psychology and Law 291, 292–3, 300–1.

    ↑

23. See, eg, Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021); Submission 32 (Centre for Forensic Behavioural Science); Tim Boehnlein et al, ‘Responding to Stalking Victims: Perceptions, Barriers, and Directions for Future Research’ (2020) 35(7) Journal of Family Violence 755, 764; Lise Linn Larsen, Dianna Bomholt and Helle Hundahl, ‘Stalking as a Phenomenon in a Danish Context’ in Heng Choon (Oliver) Chan and Lorraine Sheridan (eds), Psycho-Criminological Approaches to Stalking Behavior: International Perspectives (John Wiley and Sons, 2020) 195, 201–2.

    ↑

24. Submission 32 (Centre for Forensic Behavioural Science); Bronwyn McKeon, Troy E McEwan and Stefan Luebbers, ‘“It’s Not Really Stalking If You Know the Person”: Measuring Community Attitudes That Normalize, Justify and Minimise Stalking’ (2015) 22(2) Psychiatry, Psychology and Law 291, 292; Adrian J Scott et al, ‘International Perceptions of Stalking and Responsibility: The Influence of Prior Relationship and Severity of Behavior’ (2014) 41(2) Criminal Justice and Behavior 220, 221–2.

    ↑

25. Brandt and Voerman point out that ‘The majority of stalking cases do not involve violence … but serious and sometimes fatal incidents of violence happen during a small number of stalking cases’: Cleo Brandt and Bianca Voerman, ‘The Dutch Model: A New Approach to Policing Stalking’ in Heng Choon (Oliver) Chan and Lorraine Sheridan (eds), Psycho-Criminological Approaches to Stalking Behavior: An International Perspective (John Wiley and Sons, 2020) 251, 253. However, Dressing and his co-authors found a higher incidence (over 50%) of physical and/or sexual violence in their 2003 and 2018 studies of stalking in Germany. These studies did not distinguish between family/intimate partner stalking and non-family stalking: Harald Dressing et al, ‘The Prevalence and Effects of Stalking’ (2020) 117(20) Deutsches Ärzteblatt International 347. The Centre for Forensic Behavioural Science points out that ‘both the general community and professionals are prone to misperceptions about the nature, impact, risk and severity of stalking, which in turn influences whether they perceive stalking to be present. In general, people incorrectly rely on extreme behaviours that are crimes in and of themselves (eg threats or physical violence) to determine whether stalking is present’: Submission 32 (Centre for Forensic Behavioural Science).

    ↑

26. Submission 32 (Centre for Forensic Behavioural Science); Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

    ↑

27. Troy McEwan, Paul E Mullen and Rosemary Purcell, ‘Identifying Risk Factors in Stalking: A Review of Current Research’ (2007) 30(1) International Journal of Law and Psychiatry 1, 6. Other researchers have suggested that persistence beyond a period of two to four weeks means the behaviour is then likely to continue for six months or more: Laurence Miller, ‘Stalking: Patterns, Motives, and Intervention Strategies’ (2012) 17 Aggression and Violent Behavior 495, 496. See also Tim Boehnlein et al, ‘Responding to Stalking Victims: Perceptions, Barriers, and Directions for Future Research’ (2020) 35(7) Journal of Family Violence 755, 756.

    ↑

28. Sometimes people who are being stalked don’t want to go to the police because they are worried the stalking behaviour is not serious enough or they don’t have enough evidence to show it is happening: Submission 32 (Centre for Forensic Behavioural Science); Suzy Lamplugh Trust, Unmasking Stalking: A Changing Landscape (Report, April 2021) 9.

    ↑

29. Submission 32 (Centre for Forensic Behavioural Science).

    ↑

30. Jeff Gavin and Adrian J Scott, ‘The Influence of the Sex of and Prior Relationship between the Perpetrator and Victim on Perceptions of Stalking: A Qualitative Analysis’ (2016) 23(5) Psychiatry, Psychology and Law 716, 718; Bronwyn McKeon, Troy E McEwan and Stefan Luebbers, ‘“It’s Not Really Stalking If You Know the Person”: Measuring Community Attitudes That Normalize, Justify and Minimise Stalking’ (2015) 22(2) Psychiatry, Psychology and Law 291, 292, 294; Adrian J Scott et al, ‘International Perceptions of Stalking and Responsibility: The Influence of Prior Relationship and Severity of Behavior’ (2014) 41(2) Criminal Justice and Behavior 220, 221.

    ↑

31. Tim Boehnlein et al, ‘Responding to Stalking Victims: Perceptions, Barriers, and Directions for Future Research’ (2020) 35(7) Journal of Family Violence 755, 756–7; Troy E McEwan and Michael R Davis, ‘Is There a “Best” Stalking Typology?: Parsing the Heterogeneity of Stalking and Stalkers in an Australian Sample’ in Heng Choon (Oliver) Chan and Lorraine Sheridan (eds), Psycho-Criminological Approaches to Stalking Behavior: An International Perspective (John Wiley and Sons, 2020) 115, 132; Troy McEwan, Paul E Mullen and Rosemary Purcell, ‘Identifying Risk Factors in Stalking: A Review of Current Research’ (2007) 30(1) International Journal of Law and Psychiatry 1, 2–3; Bronwyn McKeon, Troy E McEwan and Stefan Luebbers, ‘“It’s Not Really Stalking If You Know the Person”: Measuring Community Attitudes That Normalize, Justify and Minimise Stalking’ (2015) 22(2) Psychiatry, Psychology and Law 291, 292; Adrian J Scott and Lorraine Sheridan, ‘“Reasonable” Perceptions of Stalking: The Influence of Conduct Severity and the Perpetrator–Target Relationship’ (2011) 17(4) Psychology, Crime and Law 331, 332.

    ↑

32. See Bronwyn McKeon, Troy E McEwan and Stefan Luebbers, ‘“It’s Not Really Stalking If You Know the Person”: Measuring Community Attitudes That Normalize, Justify and Minimise Stalking’ (2015) 22(2) Psychiatry, Psychology and Law 291, 297.

    ↑

33. Lise Linn Larsen, Dianna Bomholt and Helle Hundahl, ‘Stalking as a Phenomenon in a Danish Context’ in Heng Choon (Oliver) Chan and Lorraine Sheridan (eds), Psycho-Criminological Approaches to Stalking Behavior: International Perspectives (John Wiley and Sons, 2020) 195, 201; Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021); Submission 32 (Centre for Forensic Behavioural Science).

    ↑

34. A person with a disability who lives in a rural/regional community: Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

    ↑

35. Victorian Government, ‘Stalking’, Victims of Crime—Victorian Government Support for Victims (Web Page, 10 June 2021) <https://www.victimsofcrime.vic.gov.au/the-crime/types-of-crime/stalking>; ‘Stalking’, 1800RESPECT (Web Page) <https://www.1800respect.org.au/violence-and-abuse/stalking>. There are also Victims of Crime and 1800RESPECT phone lines, and the 1800RESPECT website has an online chat service.

    ↑

36. The Victims of Crime website provides mainly generic information about the traumatic effects of crime under the heading ‘Understanding the traumatic effects of stalking’: Victorian Government, ‘Stalking’, Victims of Crime—Victorian Government Support for Victims (Web Page, 10 June 2021) <https://www.victimsofcrime.vic.gov.au/the-crime/types-of-crime/stalking>.

    ↑

37. Under the heading, ‘Who is responsible for stalking?’ After explaining that stalking can be perpetrated by strangers or people you barely know, as well as by people you have a relationship with (including carers or support workers, and adult children), it states clearly, ‘None of these people has the right to scare and control you with unwanted attention’: ‘Stalking’, 1800RESPECT (Web Page) <https://www.1800respect.org.au/violence-and-abuse/stalking>.

    ↑

38. Victoria Legal Aid, ‘Violence, Abuse and Personal Safety’, Helping Victorians with their Legal Issues (Web Page, 18 May 2022) <https://www.legalaid.vic.gov.au/violence-abuse-and-personal-safety>.

    ↑

39. ‘How to Report Abuse or Content to ESafety’, ESafety Commissioner (Web Page) <https://www.esafety.gov.au/report/how-to-report-serious-online-abuse-illegal-restricted-content>.

    ↑

40. Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

    ↑

41. Ibid.

    ↑

42. See, eg, Submissions 49 (Victims of Crime Commissioner), 93 (Royal Australian and New Zealand College of Psychiatrists); Consultations 4 (Sexual Assault Services Network), 27 (Kulturbrille).

    ↑

43. See, eg, Consultations 13 (Victoria Legal Aid), 30 (Roundtable with multicultural and multifaith lawyers and legal stakeholders); Submission 97 (Federation of Community Legal Centres).

    ↑

44. Submissions 32 (Centre for Forensic Behavioural Science), 51 (Matthew Raj).

    ↑

45. Submission 32 (Centre for Forensic Behavioural Science); Bradford W Reyns and Christine M Englebrecht, ‘Informal and Formal Help-Seeking Decisions of Stalking Victims in the United States’ (2014) 41(10) Criminal Justice and Behavior 1178, 1182, 1189–1192; Bradford W Reyns and Christine M Englebrecht, ‘The Stalking Victim’s Decision to Contact the Police: A Test of Gottfredson and Gottfredson’s Theory of Criminal Justice Decision Making’ (2010) 38(5) Journal of Criminal Justice 998, 999, 1003.

    ↑

46. We know this is the case in relation to sexual violence, however, Reyns and Englebrecht were unable to establish a causal link between informal help seeking and reporting to police among people who experienced stalking: Bradford W Reyns and Christine M Englebrecht, ‘Informal and Formal Help-Seeking Decisions of Stalking Victims in the United States’ (2014) 41(10) Criminal Justice and Behavior 1178, 1190–1. In relation to sexual violence: see Victorian Law Reform Commission, Improving the Justice System Response to Sexual Offences (Report No 42, September 2021) 37 [3.7]; Denise Lievore, No Longer Silent: A Study of Women’s Help-Seeking Decisions and Service Responses to Sexual Assault (Report, Australian Institute of Criminology (Cth), June 2005) v.

    ↑

47. Submission 100 (Forensicare). See also ‘Mission Statement’, STOP—STALKING (Web Page) <https://www.stop-stalking-berlin.de/en/general-information-2/mission-statement-2/>. Forensicare suggested this should be part of a broader service providing victim advocacy and support, and organisational training programs on recognising and responding to stalking. We discuss victim support in Chapter 5.

    ↑

48. Submissions 32 (Centre for Forensic Behavioural Science), 100 (Forensicare). See also ‘Lincolnshire Stalking Campaign’, Crime Stoppers (UK) (Web Page) <https://crimestoppers-uk.org/campaigns-media/campaigns/lincolnshire-stalking-campaign>.

    ↑

49. Consultation 31 (Roundtable with multicultural and multifaith community organisations); Letter from Centre for Multicultural Youth to Victorian Law Reform Commission, 25 November 2021.

    ↑

50. The Victorian Aboriginal Legal Service told us that ‘Community Legal Education is … critical to break down barriers and empower communities. Lack of knowledge about rights, the legal system and access to legal assistance may be one other reason for an individual not to approach police or pursue an issue’: Consultation 10 (Victorian Aboriginal Legal Service).

    ↑

51. Submission 32 (Centre for Forensic Behavioural Science). The submission stated that this should be supported by, or co-located with, advocacy and support services for victims of stalking (see our discussion of victim advocates in Chapter 5). It also said the research centre should partner with university groups ‘who can collaborate on research and service evaluation’. The Victims of Crime Commissioner called for a Centre for Excellence in responses to stalking, which could focus on research and evaluation: Submission 49 (Victims of Crime Commissioner). In response to their finding that public familiarity with stalking legislation is very low in Victoria, Scott et al suggest media coverage should play an important role and ‘provide education regarding the reality of stalking in order to increase the likelihood of victims, as well as their family and friends, identifying experiences as stalking and reporting them to the police where appropriate’: Adrian J Scott et al, ‘Public Familiarity and Understanding of Stalking/Harassment Legislation in Australia, the United Kingdom, and the United States’ in Heng Choon (Oliver) Chan and Lorraine Sheridan (eds), Psycho-Criminological Approaches to Stalking Behavior: An International Perspective (John Wiley and Sons, 2020) 137, 154.

    ↑

52. Victorian Law Reform Commission, Improving the Justice System Response to Sexual Offences (Report No 42, September 2021) 39–40 [3.18]. See also, Pamela Cox J et al, ‘The Rape Prevention and Education (RPE) Theory Model of Community Change: Connecting Individual and Social Change’ (2010) 13 Journal of Family Social Work 297; Maury Nation et al, ‘What Works in Prevention: Principles of Effective Prevention Programs’ (2003) 58(6/7) American Psychologist 449.

    ↑

53. Bradford W Reyns and Christine M Englebrecht, ‘Informal and Formal Help-Seeking Decisions of Stalking Victims in the United States’ (2014) 41(10) Criminal Justice and Behavior 1178, 1179, 1182.

    ↑

54. Consultation 4 (Sexual Assault Services Network). See also Submission 100 (Forensicare).

    ↑

55. Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

    ↑

56. Ibid.

    ↑

57. Consultation 17 (Small group meeting on stalking and young people).

    ↑

58. Ibid.

    ↑

59. Ibid.

    ↑

60. Consultation 4 (Sexual Assault Services Network).

    ↑

61. Submission 104 (Alannah and Madeline Foundation).

    ↑

62. For example, the Harmful Sexual Behaviours Network told us that children often report stalking behaviour to a welfare coordinator or school counsellor with whom they have a good relationship, ‘before reaching out to the parents’: Consultation 5 (Harmful Sexual Behaviours Network).

    ↑

63. Email from Associate Professor Debbie Ollis to Victorian Law Reform Commission, 5 April 2022.

    ↑

64. Submission 104 (Alannah and Madeline Foundation).

    ↑

65. Consultation 17 (Small group meeting on stalking and young people).

    ↑

66. Office of the eSafety Commissioner (Cth) et al, The YeS Project: Workshop Handbook (Report, 2018) 46.

    ↑

67. Consultation 17 (Small group meeting on stalking and young people).

    ↑

68. See, eg, ibid; Consultations 3 (Victoria Police (No 1)), 5 (Harmful Sexual Behaviours Network).

    ↑

69. Victorian Law Reform Commission, Improving the Justice System Response to Sexual Offences (Report No 42, September 2021) Recommendation 2.

    ↑

70. Royal Commission into Victoria’s Mental Health System (Final Report, February 2021) Recommendation 17(1). Information about the Victorian Government’s implementation of recommendation 17 is available on the Department of Health’s website: Department of Health (Vic), ‘Good Mental Health Where People Live, Work, and Learn— Recommendation 17’, Health.vic (Web Page, 17 March 2022) <http://www.health.vic.gov.au/mental-health-reform/recommendation-17>.

    ↑

71. Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

    ↑

72. Ibid.

    ↑

73. A participant in a roundtable with multicultural and multifaith lawyers and legal stakeholders suggested that ‘universities are in a good position to work with local communities’: Consultation 30 (Roundtable with multicultural and multifaith lawyers and legal stakeholders).

    ↑

74. Erica R Fissel, Bradford W Reyns and Bonnie S Fisher, ‘Stalking and Cyberstalking Victimization Research: Taking Stock of Key Conceptual, Definitional, Prevalence, and Theoretical Issues’ in Heng Choon (Oliver) Chan and Lorraine Sheridan (eds), Psycho-Criminological Approaches to Stalking Behavior: An International Perspective (John Wiley and Sons, 2020) 11, 21.

    ↑

75. Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

    ↑

76. Ibid.

    ↑

77. Consultation 17 (Small group meeting on stalking and young people).

    ↑

78. Submissions 32 (Centre for Forensic Behavioural Science), 100 (Forensicare).

    ↑

79. Jan H Kamphuis et al, ‘Stalking—Perceptions and Attitudes amongst Helping Professions. An EU Cross-National Comparison’ (2005) 12(3) Clinical Psychology and Psychotherapy 215, 216.

    ↑

80. Ibid.

    ↑

81. Consultation 30 (Roundtable with multicultural and multifaith lawyers and legal stakeholders).

    ↑

82. Submission 39 (Victorian Pride Lobby).

    ↑

83. Judicial registrars help manage the court’s workload by hearing matters prescribed by the Magistrates’ Court (Judicial Registrars) Rules 2015 (Vic) including matters under the Personal Safety Intervention Orders Act 2010 (Vic).

    ↑

84. Her Majesty’s Inspectorate of Constabulary and Her Majesty’s Crown Prosecution Service Inspectorate, Living in Fear: The Police and CPS Response to Harassment and Stalking (Report, July 2017) 82–4.

    ↑

85. With reference to family violence stalking: see Bethany L Backes, Lisa Fedina and Jennifer Lynne Holmes, ‘The Criminal Justice System Response to Intimate Partner Stalking: A Systematic Review of Quantitative and Qualitative Research’ (2020) 35(7) Journal of Family Violence 665, 668–71, 674, 676. See generally Ronnie B Harmon et al, ‘The Impact of Anti-Stalking Training on Front Line Service Providers: Using the Anti-Stalking Training Evaluation Protocol (ASTEP)’ (2004) 49(5) Journal of Forensic Sciences JFS2003354:1-7; Suzy Lamplugh Trust, Unmasking Stalking: A Changing Landscape (Report, April 2021) 10–1.

    ↑

86. Victorian Law Reform Commission, Stalking (Interim Report No 44, December 2021).

    ↑

87. Nicole Bluett-Boyd and Bianca Fileborn, Victim/Survivor-Focused Justice Responses and Reforms to Criminal Court Practice (Research Report No 27, Australian Institute of Family Studies (Cth), April 2014) 50–1.

    ↑

88. Victorian Law Reform Commission, Stalking (Interim Report No 44, December 2021).

    ↑

89. The Whole Story approach is a valuable way to improve the identification of stalking behaviour and enhance the ability of police to respond appropriately. It provides a more complete picture of any identifiable course of conduct. At this point an informed decision can be made about interventions: ibid ch 5.

    ↑

90. Consultation 30 (Roundtable with multicultural and multifaith lawyers and legal stakeholders).

    ↑

91. Ibid.

    ↑

92. Victorian Law Reform Commission, Stalking: Summary of Responses to Online Feedback Form from People with Experience of Stalking (Report, August 2021).

    ↑

93. Ibid.

    ↑

94. Submission 56 (Derryn Hinch’s Justice Party).

    ↑

95. Submissions 49 (Victims of Crime Commissioner), 56 (Derryn Hinch’s Justice Party); Consultation 8 (eSafety Commissioner).

    ↑

96. Consultation 8 (eSafety Commissioner).

    ↑

97. Submission 49 (Victims of Crime Commissioner).

    ↑

98. Victorian Law Reform Commission, Committals (Report No 41, March 2020) [1.53], citing Judicial College of Victoria, Victims of Crime in the Courtroom: A Guide for Judicial Officers (Online Guide, 2019) 4.

    ↑

99. Submission 49 (Victims of Crime Commissioner); Judicial College of Victoria, Victims of Crime in the Courtroom: A Guide for Judicial Officers (Online Guide, 2019) 3–5, note 2 <https://www.judicialcollege.vic.edu.au/resources/victims-crime-courtroom>. See generally Cathy Kezelman and Pam Stavropoulos, Trauma and the Law: Applying Trauma-Informed Practice to Legal and Judicial Contexts (Background Paper, Blue Knot Foundation, 2016); Nicole C McKenna and Kristy Holtfreter, ‘Trauma-Informed Courts: A Review and Integration of Justice Perspectives and Gender Responsiveness’ (2021) 30(4) Journal of Aggression, Maltreatment and Trauma 450.

    ↑

100. Submission 56 (Derryn Hinch’s Justice Party). See also Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process (Report No 34, August 2016) 196–291. The Royal Commission into Victoria’s Mental Health System also recommended education and training to support the mental health and wellbeing workforce to deliver trauma-informed care: Royal Commission into Victoria’s Mental Health System (Final Report, February 2021) Recommendation 2(b).

     ↑

101. The study identified a range of pre-training beliefs held by some participants that were at odds with ‘the prevailing research literature’, such as ‘Stalkers who are strangers to their targets are more dangerous than known stalkers.’ We have referred to these beliefs as ‘myths’. The study found participants were less likely to hold these beliefs following training: Ronnie B Harmon et al, ‘The Impact of Anti-Stalking Training on Front Line Service Providers: Using the Anti-Stalking Training Evaluation Protocol (ASTEP)’ (2004) 49(5) Journal of Forensic Sciences JFS2003354:1–7, 3: see also 3–6.

     ↑

102. Submissions 76 (Australian Association of Social Workers), 97 (Federation of Community Legal Centres), 98 (Law Institute of Victoria).

     ↑

103. Submission 76 (Australian Association of Social Workers); Consultations 8 (eSafety Commissioner), 23 (Cyberstalking roundtable).

     ↑

104. Consultation 8 (eSafety Commissioner).

     ↑

105. Michelle Sibenik, ‘A Critical Analysis of the Applications of Anti-Stalking Legislation in Victoria, Australia’ (PhD Thesis, Monash University, 2018) 201.

     ↑

106. Submission 98 (Law Institute of Victoria).

     ↑

107. Consultation 8 (eSafety Commissioner).

     ↑

108. Sentencing Advisory Council (Vic), Sentencing Stalking in Victoria (Report, March 2022) [8.6].

     ↑

109. Ibid.

     ↑

110. Victorian Law Reform Commission, Committals (Report No 41, March 2020) [8.3].

     ↑

111. Sentencing Advisory Council (Vic), Sentencing Stalking in Victoria (Report, March 2022) xiii.

     ↑

112. Submission 56 (Derryn Hinch’s Justice Party).

     ↑

113. Victorian Law Reform Commission, Committals (Report No 41, March 2020) [8.35]–[8.39].

     ↑

114. Sentencing Advisory Council (Vic), Sentencing Stalking in Victoria (Report, March 2022) [2.26].

     ↑

115. Ibid [8.6].

     ↑

116. Victorian Law Reform Commission, Improving the Justice System Response to Sexual Offences (Report No 42, September 2021) [17.130]–[17.177]; Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process (Report No 34, August 2016) [4.148]–[4.207], [7.10]–[7.60].

     ↑

117. Victorian Law Reform Commission, Committals (Report No 41, March 2020) Recommendations 19–22.

     ↑

118. Victims’ Charter Act 2006 (Vic) s 9B.

     ↑

119. Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process (Report No 34, August 2016) Recommendation 24.

     ↑

120. The Sentencing Advisory Council found that between 2011 and 2020, 95% of stalking cases were sentenced in the Magistrates’ Court, with close to 3% each sentenced in the Children’s Court and higher courts: Sentencing Advisory Council (Vic), Sentencing Stalking in Victoria (Report, March 2022) x. See also Michelle Sibenik, ‘A Critical Analysis of the Applications of Anti-Stalking Legislation in Victoria, Australia’ (PhD Thesis, Monash University, 2018) 94.

     ↑

121. See, eg, Submission 98 (Law Institute of Victoria); Consultation 13 (Victoria Legal Aid).

     ↑

122. Consultation 8 (eSafety Commissioner).

     ↑

123. Consultation 9 (Judicial College of Victoria).

     ↑

124. Consultation 12 (Domestic Violence Victoria and Domestic Violence Resource Centre Victoria).

     ↑

125. Consultation 34 (Magistrates’ Court of Victoria (No 2)).

     ↑

126. Judicial College of Victoria, Criminal Charge Book (Online Manual, 2017) <https://www.judicialcollege.vic.edu.au/eManuals/CCB>.

     ↑

127. Judicial College of Victoria, Personal Safety Intervention Orders Bench Book (Online Manual, 1 September 2011) <https://www.judicialcollege.vic.edu.au/eManuals/PSIO>.

     ↑

128. Consultation 9 (Judicial College of Victoria).

     ↑

129. Ibid.

     ↑

130. Ibid; Judicial College of Victoria, Victims of Crime in the Courtroom: A Guide for Judicial Officers (Online Guide, 2019) <https://www.judicialcollege.vic.edu.au/resources/victims-crime-courtroom>.

     ↑

131. Consultation 34 (Magistrates’ Court of Victoria (No 2)).

     ↑

132. Ibid.

     ↑

133. Consultation 9 (Judicial College of Victoria).

     ↑

134. Ibid.

     ↑