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So what is stalking, anyway?

As with lots crimes, when it comes to stalking there can be a mismatch between what the crime actually is, and what we think it is. Decades of sensationalised stories and soap opera plots of mysterious men lurking in the shadows have had a big influence on how we imagine stalking, and unless it’s happened to you, or to one of your loved ones, why would you know the ins and outs of actual stalking legislation?

 

image of fearful woman looking out window

© Copyright Laura Dodsworth

Scots Law says that the crime of stalking is a course of conduct - this means an incident that takes place two or more times - that places another person in a state of fear or alarm. That means that non-criminal acts, for example sending a text message that says ‘your hair looks nice today’, become criminal and can therefore be reported when they happen twice or more and when they cause the victim to feel afraid. The above text could easily make someone feel afraid, because this is intended to let them know that they are being watched. There are no rules about who can and can’t be a stalker; it can be a friend, acquaintance, or even a total stranger, but most of the time it is a partner or ex-partner and stalking is often experienced as part of domestic abuse.

Stalkers use a wide range of behaviours and tactics to make their victim afraid. This can include unwanted calls, texts, emails or messages and comments on social media. It can mean turning up unexpectedly, following, loitering and giving verbal abuse, with some stalkers installing monitoring software on their victims’ phones or laptops to track their every move. It can even include leaving unwanted gifts or cards in places where they shouldn’t be, behaviours designed to make sure the victim is aware and scared, but feeling powerless to do anything about it. To the outside world, a bunch of flowers on your desk means nothing, it could even be interpreted as a nice gesture, but in the context of stalking and domestic abuse, it’s a crime and it is unacceptable.

Many women who experience stalking tell us that they are concerned they won’t be taken seriously by police and other agencies. To other people, the persistent behaviour of a stalker might be seen as irritating, even flattering, but not a danger of any real sort. Stalking might even be overshadowed by other forms of abuse, and dismissed as lesser of the evils. It is often underestimated.

Stalking is obsessive behaviour, and the product of this behaviour for victims is very real and often very severe anxiety and fear. To know someone is watching you, monitoring you and contacting you without your consent, and to feel as though there is nothing you can do, strips you of the personal power and control that we all have a right to have over our own lives.

The Scottish Women’s Rights Centre are committed to and passionate about supporting women to reclaim their power. With a new mobile app that we are developing in partnership with media coop we have an opportunity to change the landscape for stalking victims, to put power back in their hands and to continue our work towards a Scotland where victims of violence and abuse have equal access to justice. We intend to seize it.

Want to find out more about our app? Get in touch: coordinator[at]scottishwomensrightscentre.org.uk.

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