Stalking can be defined as communicating, repeated following and contacting a person in an intimidating manner that could cause the person on a reasonable basis to fear for their safety. Stalking is therefore a typical form of criminal activity which comprises a series of actions which if taken on your own, may constitute behavior. A good example of this is; writing love notes, sending flowers and waiting for persons probably in their premises, which are not criminal actions on their own. However, if these actions are attached to other intentions such as causing injury or instilling fear, they could amount to a pattern of illegal behavior (Aa, 2010, p. 152). Common stalking behaviors are; gathering information, following and showing up wherever that particular person is, watching someone from a distance, repeatedly calling a person and other actions that in one way or another infringe one’s right such as monitoring their computer or cell phone. The impact of stalking on victims are quite devastating which include; feeling vulnerable, continuous intense stress, feeling guilty and self blame, loss of trust in the criminal justice system and loss of work productivity.
Domestic violence on the other hand occurs when one is subjected to omissions and acts that directly affect them personally, such as sexual abuse, forced confinement, a reckless, intentional or threatened omission which may cause property damage or bodily harm. Domestic violence is also known as domestic abuse or spousal abuse and it is much evident among spouses and married couples. Domestic violence is a crime that takes many forms. It involves abusive, violent or intimidating behavior that is carried out by a partner or member of a family to dominate, control or instill fear. It is a very emotional, psychological behavior that could affect anyone in the society regardless of their sexual identity, ethnicity, gender, race or economic status. Seemingly, domestic abuse is used for one purpose only; to maintain total control over someone by using fear, shame, guilt and intimidation to keep the victim under her/his thumb. In most cases, domestic violence is much evident in abusive relationships.
Ostensibly, there is a close connection between domestic violence and stalking. It is depicted that the best-publicized cases of stalking involve celebrities; in addition to that, 70% to 80% of stalking cases seemingly happen in a domestic context. Only 10% of these cases involve strangers. Arguably, there is a high percentage of stalking cases particularly in the highest levels of domestic violence. Research shows that ten out of twenty cases of stalking, domestic violence is much involved. Domestic violence is found to involve stalking in a big way and in most cases (Turvey, 2009, p. 87). The two are intertwined and there are laws surrounding each one of these issues as well as any difficulty arising in the prosecution or detection of the two.
Under the law, one has no right whatsoever to abuse. There are laws protecting people from all these abuses, civil law and criminal law offer protection and assistance to a partner, child or spouse being abused. Every branch of the law has various remedies to different cases. Civil law is particularly used to settle disputes among persons; in addition, it can also provide full protection for a person. Criminal law on the other hand is intended to deal with offenders and dissuade offenses from being committed. In selected cases, it could be necessary to incorporate the two systems for the best protection. There are certain laws that are enforced for stalking and domestic violence such as; stalking and domestic violence act, domestic violence and stalking regulations which provide individuals that are subjected to domestic violence and stalking with all the ability inquire and get civil remedies that fully address their particular needs. Under the constitution, the parliament has all the authority to amend laws and determine criminal procedure rules related to domestic violence and stalking which are under criminal law.
References
Aa, S. . (2010). Stalking in the Netherlands: Nature and prevalence of the problem and the effectiveness of anti-stalking measures. Apeldoorn: Marklu.
Turvey, B. E., & Petherick, W. (2009). Forensic victimology: Examining violent crime victims in investigative and legal contexts. Amsterdam: Elsevier/Academic Press.
