Stalking became a stand-alone criminal offence on 1 November last year but civil-protection orders for people who have not been in a relationship with an alleged perpetrator have yet to be introduced under the Criminal Justice (Miscellaneous Provisions) Act 2023.
When an alleged stalker is a current or former intimate partner, victims can use the Domestic Violence Act 2018 to seek a protection order. Once a case goes to court, the maximum sentence for the offence of stalking is ten years in prison.
Speaking at the launch of Women’s Aid’s Annual Impact Report 2023 (18 June), campaigner and co-founder of Stalking Ireland Eve McDowell said that the civil-protection orders would be of “huge benefit”, as they would not require a criminal prosecution.
Part 5 of the 2023 act provides for these orders, but a date has not been formally set for when they will come into operation.
“The last I heard was it could be September. A final push is needed to get them into effect,” said McDowell, who campaigned with Una Ring for new legislation following their own terrifying stalking ordeals.
Both shared their experiences in the Virgin Media documentary ‘Stalked’, which aired in February.
“Implementing legislation was not something Una and I set out to do on our first phone call. I thought I was one of the only people this had happened to. I didn’t realise it was such a big issue. When I heard Una speaking on the Claire Byrne Show I broke down in tears and got in touch with her,” said McDowell at the Women’s Aid event.
“We couldn’t believe there wasn’t even a website to inform people about stalking; there was no acknowledgement of it in the law and no way to get a restraining order. The legislation is a great improvement, but the introduction of the civil-protection orders is really important for people who haven’t been in a relationship with the perpetrator.”
Harassment versus stalking
McDowell and Ring’s campaigning prompted research into the subject by University College Cork, in partnership with the Sexual Violence Centre Cork.
Published in March 2023, the survey of 892 people who had experienced stalking or harassment revealed that, while mostly the perpetrators were known to them, in a considerable proportion of cases they were categorised as a stranger.
At the Women’s Aid event, McDowell explained the difference between harassment and stalking and why a separate offence was needed: “Harassment is behaviour which is offensive that causes someone to feel upset or distressed. Stalking is defined as a pattern of any behaviours that are fixated, obsessive, unwanted and repeated – so it’s about looking for the pattern and the intent behind it. It involves a disproportionate investment of time, effort and resources by the perpetrator.”
The need for the new civil-protection orders has been further illustrated with an increasing number of cases of political stalking coming to light, according to McDowell.
For example, in early June, the Irish Times reported that a man was arrested on suspicion of stalking a female politician currently serving in Government and that he had been questioned before regarding similar allegations.
Stalker typologies
At the Women’s Aid launch, McDowell noted that the political stalker had been added to the five typologies typically used by practitioners to understand those who stalk. Devised by psychiatric authority on stalking Professor Paul Mullen, and others, in 1999, they are as follows:
- Rejected – The most common type of stalker; 80% male, persistent and intrusive. Pattern follows relationship breakdown or perceived rejection from a former romantic partner,
- Intimacy seeker – 40% female, seeks to establish emotional connection, believes victim loves them. (This type of stalking was featured in the Netflix series ‘Baby Reindeer’),
- Resentful – Wants revenge and to create fear, likely to damage property. This type of stalking usually happens following a dispute or perceived wrong,
- Incompetent suitor – Hopes to establish friendship or short-term romance, involves shorter stalking timeline and poor communication and social skills,
- Predatory – Majority male, stalking motivated by desire to sexually abuse and harm, will “get to know” their victim from afar. Can be a repeat stalker until they find a victim. High likelihood of reoffending even after rehabilitation.