In Victoria, the threshold for criminal stalking (section 21A of the Crimes Act 1958) is a "course of conduct" involving repeated, unwanted behavior that causes physical or mental harm, apprehension, or fear. The behavior must be intentional, with the offender knowing it could cause fear or, for reckless offenders, when they should have known it would cause harm.
Key Aspects of the Stalking Threshold:
- Course of Conduct: Must involve at least two occasions of conduct (or a protracted incident) that shows a continuity of purpose.
- Types of Behaviour: Includes following, contacting via any means, loitering near home/work, tracking, or publishing material about the victim.
- Intent/Recklessness: The prosecution must prove the offender intended to cause, or was reckless regarding, harm or fear in the victim.
- Impact: The actions must cause the victim to fear for their safety or the safety of another.
What Doesn't Meet the Threshold:
A single incident is generally not enough to meet the threshold for stalking in Victoria, although it may constitute a different offence.
A single incident is generally not enough to meet the threshold for stalking in Victoria, although it may constitute a different offence.
If you are in immediate danger, call 000. For support, contact the Victims of Crime Helpline at 1800 819 817.