Stalking by law: damaging victims and rewarding offenders

The introduction of anti-stalking statutes throughout Australia and much of the Western world has brought greater protection for the victims of various forms of harassment and intrusions. However, despite these new provisions, the legal system is failing some victims of stalking. This article examines those areas of the justice system that are particularly susceptible to manipulation by stalkers and the impact of these abuses on stalking victims. It also presents ways in which the problems encountered by stalking victims may be frustrated rather than alleviated by specific aspects of the enforcement of anti-stalking laws and of the functioning of certain courts and tribunals. Approaches that prevent or discourage the perpetuation of harassment and damage to victims of stalking within the legal system are discussed.