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    Calls To Make Stalking A Criminal Offence

    The law to protect stalking victims is "not fit for purpose" and must be fundamentally reformed, an independent parliamentary inquiry has concluded.

    New legislation should be brought in without delay to make stalking a criminal offence in England and Wales, as it is in Scotland, the inquiry into Stalking Law Reform has said.

    It also wants a national register of stalkers, with a duty on police to inform new partners who may be at risk, a bill of rights for victims and mandatory training for police and prosecutors.

    Stalking is not currently a specific offence under English law and is dealt with under harassment legislation instead.

    The inquiry found victims overwhelmingly had little confidence in the system and training within the criminal justice system was "woefully inadequate".

    Harry Fletcher, of the National Association of Probation Officers (Napo) , an adviser to the inquiry, told Sky News: "Figures in the report show that last year over 50,000 complaints were recorded as crimes, but just 2% resulted in a custodial sentence.

    "It is essential that rehabilitation programmes are developed for perpetrators in both a health and criminal justice setting to ensure that stalking behaviour is dealt with as early as possible.

    "There was ample evidence given to the inquiry that, unless this happens, behaviour escalates and can result in serious injury or even death."

    Laura Richards, who set up the UK's first Homicide Prevention Unit at New Scotland Yard and now campaigns for the charity Protection Against Stalking , said: "It is time to recognise the physical and psychological harm and terror that stalking causes.

    "This is about murder prevention. Stalking should be a criminal offence in its own right."

    Stalking victim Tracey Morgan has spoken to Sky News about how she was relentlessly pursued by a work colleague, who broke into her car and her home and even put listening devices in her sofa and bed.

    In the end, he was jailed for life for the attempted murder of another woman.

    Ms Morgan campaigned for better protection for victims, which resulted in the Protection from Harassment Act 1997. But, 15 years on, she feels little has changed.

    She said: "Even now victims are faced with misunderstanding and indifference to this crime.

    "I say stalking is mental rape - victims still get, 'Aren't you lucky to have this attention, you should be flattered.' Would you say that to a rape victim?"

    The mother of Clare Bernal, who was shot dead by her ex-boyfriend at the Harvey Nichols department store where she worked in September 2005, said attitudes need to be changed as well as the law.

    Tricia Bernal told Sky News: "Clare didn't understand what was happening and it was only afterwards we realised - neither did the professionals."

    These calls were backed up by Claire Waxman, who wants better treatment for offenders. 

    She told Boulton and Co she became "hypervigilent" during a decade-long stalking campaign from Elliot Fogel.

    "For nine years I've had to look over my shoulder all the time, it has affected me going to work because he turned up there, he turned up at my daughter's nursery [posing as a parent]," she said.

    Fogel was jailed for two years last week for again breaching a court order designed to stop the harrassment.

    Ms Waxman has successfully sued the Crown Prosecution Service for failing to prosecute Fogel when he tried to bring legal action against her - which allowed him to hoard more information about his victim - in case it breached his human rights. 

    But Hamish Brown, former Head of Stalking at New Scotland Yard , believes the present law works well as it gives police the flexibility they need to deal with a "unique" crime.

    "I am concerned there should not be whole scale change but would agree to a little 'tweaking' such as creating a power to search a suspect's house," he said.

    He added: "The current law is excellent, the best in the world in my opinion. It is not broke, so there is no need to fix it."

     

    16 comments

    • John  •  3 months ago
      My ex is on the game and she knows that I know what she does, she thinks I will dob on her and has recruited a Pakistani mob to follow me and ride past my home staring at me, they even pulled up pretending to look at a vacant house which is for sale next door. I have had to close all internet accounts Facebook ect and change my bank accounts she has even contacted the CSA for money to pay for a child I cannot see. They have been doing this for over a year but the police say they can do nothing until I get hammered. They have even attemted to harrass me at my place of work, this has cost our company thousands in security officers patrolling our premises. The stalking laws need to sorted very quickly and not just to protect women.
      • Bob 3 months ago
        Exactly, you will receive no justice never mind sympathy and protection because you are male. If they were doing that to a female it would be a VERY different story.
    • annette1212  •  London, England  •  3 months ago
      Stalkers are not just men. This article should have had a male victim have a say too. Men also get stalked by bunny boilers too!
      • nivk 3 months ago
        tell me about it - i would argue that in fact it is mostly men who are the victims. However we are generally aware that laws can't change people's behaviour, so instead of just blaming women generally and running to the police, we move on and get on with our lives.
    • john f  •  Sheffield, England  •  3 months ago
      I am sure that had this been dealt with sooner there would have been less murders,if the stalker cannot get the attention they want from the victim they are likely to lose their temper & attack them.
      • I.W.B.H.I.I.C.S.R. 3 months ago
        who wantED less excitement, I thought that was the point of stalking, and now god gave you the added cherry on the top not knowing his agenda of the final solution..........you spoke too soon!!!!! or is it too late!!!!!!!!!! or is it too soon!!!!!!!! see ya lata.
    • GOPHAR CORFE  •  3 months ago
      what about women who cry rape falsely, and wreck innocent lives??????????????
      • Alex * 3 months ago
        They should pay the same penalty as for a rape sentance - but NOT just if the "attacker" cant be proved guilty - and ONLY when the "victim" CAN be proved to have fabricated the story with the intent to harm the accused.
      • Bob 3 months ago
        ...and if the conviction rate of cry rapists is too low we can always change the laws and burden of proof to make sure convictions rates go up.
      • Casual Commenter 3 months ago
        But the "attacker" under current law, cannot file a counter-claim even when he is proved innocent. And even when the "victim" is known to have pulled similar stunts in the past. I have seen it happen and been mortified that a counter-claim is not allowed.
    • grumpy  •  Barnsley, England  •  3 months ago
      i've got a stalker, a little black #$%$A DOG. see follows me every where.
    • DOBBO  •  Camberley, England  •  3 months ago
      Would this law be applied to every one, even the Mi5/Mi6 intelegence mob, imagine catching a stalker in your garden and dropping them, only to find out they are british intelegence, would that mean that these cowards are above the law.
    • D S  •  London, England  •  3 months ago
      Stalkers are a menace that are sick in the head, they dont care what they say or do to wreck a life the police seem to be indifferent to it as though its a joke so much for British justice, more so when the target is a man
    • GEOF  •  3 months ago
      Some "stalkers" are already undergoing "mental medical treatment" , BUT untill they ACTUALLY HARM SOMEONE, AND IT CAN BE PROVED, NOTHING CAN BE DONE !! Greetings cards can be sent to the VICTIMS SECRET ADDRESS, and the POLICE say "How lucky you are! HE must think a lot about you !" When enquiries are made at "Social Services", the CRIMINAL STALKER is "covered" by the "Information Act" ! They can even get a 3 bedroomed COUNCIL HOUSE (rent paid !!) by claiming the VICTIM (& children !!) are living with them !! ALL whilst the VICTIM is "hung out to dry" for months in a cramped terrace house, "as No. 1 @ the top of the priority rehousing list , whilst enquiries re the CRIMINAL STALKERS FRAUD are made", and past which the CRIMINAL STALKER can walk, en route to a pub 3 miles accross Town from their "fraud home" !!
    • Johnathonmedium  •  3 months ago
      I always thought stalking was against the law therefore in view of the above its apparently not well there you go! and you learn something new every day
    • Andy  •  3 months ago
      This law will never be applied equally between males and females and already sounds like a feminist men-bashing charter. If they do this they should make nagging a crime under domestic violence laws, oh and bring in a National Nagging Register of course.
    • James  •  Watford, England  •  3 months ago
      i don't think stalking should be illegal. It's just a bit of fun. I do it all the time. When I'm not out flashing that is.
      • James 3 months ago
        oh you are going to tell me that flashing should be illegal. Typical!
      • Lynne 3 months ago
        Troll.
    • gene  •  London, England  •  3 months ago
      Stalkers must be Mental'y unbalanced, in some case's they go on to kill there Victims or People they Stalk. so if found Guilty should get 12. Months in a nut house.or there Legs Broken. !!
    • I.W.B.H.I.I.C.S.R.  •  Ilford, England  •  3 months ago
      stalking is a disease that is infectious.
    • Flash  •  3 months ago
      I cant do anything without they bring a law out about it.lololololololololololololololololololol
    • robert l  •  Watford, England  •  3 months ago
      looking at some of the woman who complain i am sure its wishfull thinking
    • The Devils Advocaat.  •  Edinburgh, Scotland  •  3 months ago
      Deer deer deer, no more venison!