A ‘tough’ new law, but still the stalkers prey…

THE number of people being stalked in Scotland has not fallen, despite new laws introduced to tackle it, according to a survey.

One in 20 people questioned said they had been stalked or harassed in 2010-11, the same as in the previous year and 1 per cent fewer than in 2008-9.

Young people aged 16 to 24 were the most frequently targeted, with 11 per cent saying they had been victims last year.

Campaigners fear this is partly down to increasing use of the internet and social media websites, and warned that people should be more careful about the amount of personal information they put online.

A new offence of stalking came into force in December last year, which has seen 69 people convicted and – in Lothian and the Borders, and Grampian – the number of complaints to police has doubled.

That appears to show victims are more confident about coming forward, but the Scottish Crime and Justice Survey 2010-11 indicates actual stalking levels remain constant. The survey is often held up as a more accurate reflection of crime levels in Scotland, because not all incidents are reported to the police.

Campaigners nevertheless hope that the new law could act as a deterrent to some stalkers.

Ann Moulds, who successfully led a campaign for the legislation after being stalked herself, said: “I’m hoping that the new law will send out the message that stalking carries a criminal penalty, and that will make people think twice before continuing their behaviour.

“But there’s also going to be an element with personality disorders and mental health problems, and I’m not sure they will be deterred in the same way.”

She urged both website giants such as Facebook, and the people who use them, to take more steps to protect themselves from online stalkers.

“I think because of the internet, and Facebook, more young people are now being targeted,” said Ms Moulds, who is founder of Action Scotland Against Stalking. “Young people use these sites to communicate every day, it’s part of their lives.

“There has to be collective responsibility, and that includes Facebook and social network sites, but also personal responsibility. We are not guarded enough at all, there’s a severe lack of personal awareness, responsibility and understanding.”

The survey of 13,000 Scottish adults also found that women were slightly more likely to be targeted, with 6 per cent saying they had been stalked, compared with 5 per cent of men.

Almost two-thirds of the victims knew the offender, while 12 per cent had seen them before, but did not know them. A further 23 per cent did not know the stalker at all.

Fourteen per cent of victims had been stalked by a partner, 11 per cent by someone they had gone out on a date with, and 7 per cent by someone with whom they had a brief sexual encounter.

The survey classed stalking or harassment as obscene or threatening correspondence; obscene, threatening, nuisance or silent telephone calls; someone waiting outside the home or workplace; or being followed around or watched.

A spokeswoman for Scottish Women’s Aid said: “That the risk of stalking has remained static is disappointing but unsurprising, as the stalking legislation has been in place for only a year.

“We are working hard as part of the Scottish National Stalking Group to raise awareness of women’s rights and the strident approach taken by the police since the introduction of the legislation. We would hope to see a decrease in future surveys as a result.”

The new stalking offence, which was part of the Criminal Justice and Licensing (Scotland) Act 2010, criminalised a pattern of behaviour, which could seem innocent in isolation but would be likely to cause fear and distress in certain circumstances, such as persistently turning up at someone’s workplace with gifts.

Since it came into force, Prime Minister David Cameron has admitted there is a “gap” in English and Welsh law on stalking, and indicated that a similar law could be introduced south of the Border.

The Scottish Government is determined to continue to crack down on stalking. Justice secretary Kenny MacAskill said: “Everyone has the right to live in safe communities without fear of harassment or victimisation.

“Scotland is the only part of the UK with a specific stalking offence following legislation which came into force last year, and specialist training on dealing with stalking is now in place for police.”

The survey also revealed that 8 per cent of adults had suffered at least one sexual assault since they were 16, including 13 per cent of women, and 3 per cent of men. Three per cent had experienced a serious sexual assault since they were 16, rising to 5 per cent among women.

“This government takes sexual offences very seriously and we have taken tough action to ensure that anyone who commits these dreadful crimes will feel the full force of the law and victims are given justice,” Mr MacAskill said.

“We have passed legislation to make sex offence prosecutions simpler, the Crown Office has established a National Sexual Crimes Unit which is led by a dedicated team who direct criminal investigations from the earliest stages, and we have allocated over £55 million over 2008-12 to tackle violence against women, including specialist support services for victims of sex crime.”

Labour justice spokesman Lewis Macdonald said: “The fact that one in 20 Scots has been subjected to some form of stalking or harassment in the last year highlights the scale of the challenge we face in tackling this inexcusable crime.

“With levels of domestic violence remaining stubbornly high and victims still scared to speak out, it is clear the SNP government must redouble its efforts to tackle and encourage more people to report these callous crimes to the police.”