Coronation Street has addressed stalking behaviour and the impact it can have on victims in a recent storyline addressing the topic.
The storyline has followed character Daisy Midgeley as she struggles to cope with Justin’s obsessive and relentless behaviour towards her following a chance meeting in a hospital.
Justin’s behaviour towards Daisy ranges from bombarding her with unwanted attention, gifts and texts as well as cyberstalking her to know where she will be constantly. Viewers have watched as Daisy reached crisis point as a result of this behaviour, her confidence crumbling and she desperately tries to seek help through the justice system.
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We watch as Daisy is turned away when she reaches out for help, being told there is nothing that can be done despite the evidence she had to offer against Justin.
Many who have watched the storyline unfold may have found the role of the justice system in providing protection to Daisy concerning, given she recently applied for but was refused a Stalking Protection Order against Justin by the Court.
This has undoubtedly given rise to concerns about how much protection a person can access in law against stalking behaviours.
What protection is there against stalking in Northern Ireland?
In Northern Ireland, we now have new legislation making stalking a criminal offence.
The Protection from Stalking Act (Northern Ireland) 2022 came into force in April 2022 and allows for a person to be arrested for stalking if they have engaged in a course of conduct that causes their victim to suffer fear, alarm, or substantial distress.
This legislation also makes it a criminal offence for a person to behave in a threatening or abusive manner towards a victim which would reasonably cause them to suffer fear and alarm.
If a person is convicted of the offence of stalking, the maximum sentence is imprisonment of up to 10 years.
What is a Stalking Protection Order?
In Coronation Street’s storyline, Daisy applied for a Stalking Protection Order. The new stalking law in Northern Ireland includes provision for a Court to grant a Stalking Protection Order though this part of the legislation has not yet come into effect.
A Stalking Protection Order once in force would prohibit a person from carrying out acts associated with stalking, such as entering certain locations where the victim resides or frequently visits, contacting the victim by any means or approaching the victim. A Stalking Protection Order may also impose requirements for attendance at a perpetrator intervention programme.
How can I protect myself if I am being stalked?
If you are being harassed or stalked, it is vital that you report matters to the Police as soon as possible. Under our new stalking laws, the police will be able to take steps to investigate bringing criminal charges against your stalker for their behaviour against you.
Can I apply for Orders if I am being stalked?
You may also seek to ask the Court to make Orders against your stalker to protect you from any further harassing or stalking behaviour.
If you and the person stalking you are family members or if you have lived together in a familial relationship or have a child together, then you can apply for a Non-Molestation Order against them. If a Non-Molestation Order is granted, this individual is restrained from being able to molest, harass, pester, use or threaten violence against you or contact you at all. If they breach this Order they can be charged with committing a criminal offence.
If you and the person stalking you are not related to one another via blood or marriage and indeed if the person stalking you is not known to you, you may be able to apply to the Court for a Civil Injunction against that person if there is evidence of two separate incidents of harassment.
Having a stand-alone criminal offence of stalking has undoubtedly given greater powers to the Police in NI in tackling complaints of stalking. This law will allow for more appropriate penalties to be imposed on perpetrators through our criminal Courts. This is a significant development in the law governing domestic abuse and harassment in Northern Ireland
If you require advice regarding stalking, contact Family Law Solicitor Emma Stratton on estratton@fhanna.co.uk or call 028 9024 3901 for further advice and assistance.
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