Cyberstalking has emerged as a serious societal issue affecting people of all age and gender, particularly women, in this digital age. It is reported that as many as 7.5 million people experience cyberstalking each year around the world, but less than a third of stalking victims report the crimes to the authorities. Cyberstalking often causes substantial emotional distress to the victims and can lead to long-term psychological effects, such as anxiety, depression, and a persistent sense of fear.

Cyberstalking is a form of stalking that takes place in the digital world through electronic communications and interactions. It involves various behaviours such as sending threatening messages, tracking someone’s online activities, or spreading false information about them online. In Victoria, any allegation of cyberstalking is prosecuted under section 21A of the Crimes Act 1958 (Vic), where it is a crime to stalk someone with the intention of causing physical or mental harm, or with the intention of causing the victim to fear physical or mental harm.

Cyberstalking Offence

The prosecution is required to prove a course of conduct beyond reasonable doubt for any allegations of cyberstalking. Section 21 further provides an expansive list of definition that constitutes a ‘course of conduct’. Regarding the establishment of the behavior that constitutes a course of conduct, it must be proven that the alleged offender engaged in a course of conduct with the requisite intent to commit the offence. The requisite intent would also be proven beyond a reasonable doubt that:

The offender knew that engaging in a course of conduct of that kind would be likely cause such harm, or arouse such apprehension or fear; or
The offender ought to have understood that engaging in a course of conduct of that kind would be likely to cause such harm, or arouse such apprehension or fear, and it actually did have that result.

Penalties

The penalties for this criminal offence in Victoria can be severe, where the maximum penalty is 10 years imprisonment. Nonetheless, factors such as the nature and severity of the conduct, the offender’s criminal history, and any other relevant factors will be taken into consideration when imposing the penalty.

Defenses

A factual dispute could be used as a defense in amounting to a course of conduct. Another possible defense would be based on the failure to establish the requisite intent to cause physical or mental harm to the victim.

Conclusion

Cyberstalking is a criminal offence that can lead to severe penalties and can have long-lasting repercussions on both the offender and the victim. Therefore, it is crucial to take proactive steps to prevent and protect oneself against cyberstalking by implementing necessary security measures and be cautious with personal information.

Verge Legal provides legal advice in all states in Australia, contact us today if you need assistance.

This blog post provides general information and is not intended as legal advice. It may not be complete or up-to-date. For specific legal advice, please consult a qualified lawyer.