The Stalking Protection (Scotland) Bill has gone out to public consultation from Holyrood until July 21. The MSP for Strathkelvin and Bearsden, from the ruling Scottish Nationalist Party (SNP), Rona Mackay, proposed the Bill to give police the power to apply for a stalking protection order (SPO) on behalf of victims. Breaching an SPO would be a criminal offence.
As she pointed out, the UK Parliament has recently passed the Stalking Protection Act 2019, which provides the police with powers to apply for SPOs for victims in England and Wales. She said it was imperative that victims who are stalked in Scotland have access to a similar level of protection.
She said: “My proposal aims to give victims greater protection, and access to justice, by allowing the police to apply directly to the court for a Stalking Protection Order (SPO). The police will have to show that there is evidence of stalking behaviour and that they believe that there is a risk to the victim.
“An Order would then prohibit the stalker from continuing this behaviour. This proposal goes further than recently introduced legislation in England and ensures that no matter the relationship between the victim and stalker, that an SPO could be granted.”
For more about her proposal, visit the Scottish Parliament website.
As the consultation document says, in Scotland someone being stalked can apply to the court to have a Non-Harassment Order (NHO) taken out against a stalker; but few ever do, as it’s stressful.
Her argument that being a victim of stalking is frightening, distressing, often relentless, and can cause severe damage to victims’ mental and physical well-being, was echoed by recent academic research.
Katy Proctor, lecturer in criminology and policing at Glasgow Caledonian University (GCU) asked some 128 stalking victims from across Scotland to detail their experiences. The actions of their stalker had an impact on all aspects of their lives, from their mental and physical health to employment and social life. She said: “There’s a danger that by focusing solely on the physical risk posed by violent stalkers, it allows those who cause emotional damage to continue their behaviour.
“If we are to support and protect victims of stalking effectively, the justice system needs to recognise the potential of non-violent offenders to cause significant and long-lasting harm.”
Victims reported suicide attempts, anxiety, depression, a loss of confidence and feelings of isolation. Some changed jobs and moved house after being targeted. Stalking behaviours ranged from sexual assault, harassment, and threats of violence, to spying, remote surveillance, making unwanted phone calls, sending unwanted notes or letters, texts, emails and social media messages. Most, 87pc were stalked by someone who was known to them. Around one in three, 34pc, were targeted by a partner or an ex-partner, 24pc were stalked by an acquaintance and 11pc by a work colleague. Three-quarters, 76pc, were women who were stalked by men.
About half, 49pc, of those surveyed reported their concerns to Police Scotland. While most, 83pc said they felt they may have done something to trigger the behaviour and 77pc said they felt shame, Katy Proctor stressed that victims were in no way responsible. “Non-delusional stalking is about power and control, similar to domestic abuse. It’s a conscious decision made by the perpetrator, they are not out of control. If we accept that power and control are fundamental to stalking, then it becomes apparent why perpetrators deliberately make their targets aware of being stalked.”
