What Is Legal Definition of Stalking

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  • Post published:April 15, 2022
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The Criminal Code of the Russian Federation does not have a corpus delicti as independent as harassment. However, lawyers argue that the persecution of a person in Russia can also be seriously punished. The victim of harassment only has to use the sections that are already in the code. Therefore, when the persecutor makes threats, he must refer to Article 119 of the Criminal Code of the Russian Federation “death threats or serious bodily injury”. In this case, the offender is punished with compulsory labour of up to 480 hours or forced labour of up to 2 years. In addition, the persecutor may be arrested for up to six months or sentenced to imprisonment for up to two years. “Violation of privacy” (Article 137 of the Criminal Code of the Russian Federation) can also be part of harassment. This crime manifests itself in the illegal collection of information about privacy and its dissemination (including in public discourse and the media). For this, a criminal can receive a fine of up to 200,000 rubles, go to forced labor for up to 360 hours and even be imprisoned for two years.

In addition, persecutors often violate Article 138 of the Criminal Code of the Russian Federation, violating the secrets of correspondence, telephone conversations, mail, telegraphs and other messages of citizens. The article provides for a penalty ranging from a fine of 80,000 rubles to criminal work of up to one year. [69] Based on eight years of working with victims of stalking in Australia, Mullen and Pathé identified different types of stalking victims, based on their previous relationship with the stalker. This is [12] Criminal harassment is unwanted and/or repeated surveillance by one individual or group against another person. [1] Harassing behaviour is related to harassment and bullying and may involve personally following or monitoring the victim. The term stalking is used with different definitions in psychiatry and psychology, as well as in some jurisdictions as a term for a crime. [2] [3] In the social culture of mainland China, the type of courtship of “harasser” is highly valued, that is, as the saying goes, “good women (martyrs) are afraid of harassers.” [57] [58] Literary works also publicly promote such behavior, and the pursuit between other sexes is thus embellished as a courtship. [59] In real life, this type of behaviour can occur even if the two parties do not know each other and the person being hunted does not know it in advance. Through online platforms and other social media, individuals and institutions directly participate, promote and support various cases of criminal tracing and harassment “like courtships” using the convenience of online communication.

[60] Cyberbullying is the use of computers or other electronic technologies to facilitate harassment. In Davis (2001), Lucks identified a distinct category of stalkers who prefer to commit crimes against their target victims using electronic and online means. [31] Among the students, Ménard and Pincus found that men who had high levels of sexual abuse and narcissistic vulnerability in childhood were more likely to become bullies. Of the women who participated in their study, 9% were cyberstalkers, while only 4% were outspoken stalkers. In addition, male participants showed the opposite, 16% were open stalkers, while 11% were cyberstalkers. Alcohol and physical violence both played a role in predicting cyberbullying among women and men “significantly predicted the relevant attachment to cyberbullying.” [32] More than half classify stalking as a crime after a second (or subsequent) crime if there are “aggravating factors.” Aggravating factors may include possession of a lethal weapon, violation of a court order, violation of probation or probation, harassment of a victim under the age of 16, or persecution of the same victim. Since 2011, criminal harassment has been a crime under section 120a of the Uniform Code of Military Justice (UCMJ). [85] The Act came into force on October 1, 2007. The term stalker, which has been used since at least the 16th century to refer to a vagabond or poacher (Oxford English Dictionary), was coined in the 20th century. Originally used by the media to portray people who harass and harass others, initially with particular reference to the harassment of celebrities by strangers who have been described as “possessed.” [10] This use of the word seems to have been invented by the tabloid press in the United States. [11] Over time, the meaning of criminal harassment and integrated individuals harassed by their former partners has changed. [12] Pathé and Mullen describe stalking as “a constellation of behaviours in which one individual inflicts repeated intrusions and unwanted communications on another.” [13] Criminal harassment can be defined as intentionally and repeatedly following, observing or harassing another person.

[14] Unlike other crimes that usually involve an act, stalking is a series of actions that take place over a period of time. All Australian states passed laws prohibiting criminal harassment in the 1990s, with Queensland being the first state to do so in 1994. Laws vary slightly from state to state, with Queensland laws having the widest scope and South Australian laws having the most restrictive. Penalties range from a maximum of 10 years in prison in some states to a fine for the lowest severity of criminal harassment in others. Australia`s anti-harassment laws have a few notable features. Unlike many U.S. jurisdictions, they do not require that the victim felt fear or distress because of the behavior, but only that a reasonable person would have felt that way. In some states, anti-harassment laws operate extraterritorially, meaning that a person can be charged with criminal harassment if they or the victim is in the appropriate state. Most Australian states offer the possibility of an injunction in cases of criminal harassment, the violation of which can be punished as a criminal offence. There has been relatively little research on australian court findings in criminal harassment cases, although Freckelton (2001) found that in Victoria, most stalkers received fines or community injunctions. Although cyberbullying does not involve physical contact with a victim, it is still a serious crime.

The increasing ubiquity of the Internet and the ease with which it allows others to access personal information in unusual ways has made this form of harassment increasingly accessible. Potential stalkers may find it easier to track down via a remote device like the internet than to confront a real person. Behaviour that does not meet the legal definition of stalking can be a precursor to stalking and must be taken seriously. [3] Under the Violence Against Women Reauthorizement Act of 2005, Congress expanded the federal intergovernmental criminal harassment law to include cyberstalking (18 U.S.C§ 2261 A). According to a 2002 U.S. National Center for Victims of Crime, “virtually any unwanted contact between two people that directly or indirectly communicates a threat or frightens the victim can be considered criminal harassment,”[4] although in practice the legal norm is generally a bit stricter….