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NEWS > WINTER 2003
Keeping up with technology
New developments in technology often lead to the need for new developments in the law. Stalking has long been recognised as a crime and proposed legislation seeks to extend the crime to include electronic stalking via the Internet, commonly referred to as cyber stalking.
Currently, under section 21A of the Crimes Act 1958 (Vic), the offence of stalking carries a penalty of up to 10 years jail. The Act states that a person stalks another person if he/she
- follows,
- telephones, sends electronic messages to, or otherwise contacts another person
- enters or loiters outside a person's home or property or other place frequented by the person.
- gives a person offensive material or leaves it in a place where it will be found,
- keeps a person under surveillance
- acts in a way that could reasonably be expected to arouse fear or apprehension in a person for his or her own safety.
Proposed new laws will expand this definition to cover the more popular ways of electronic communication such as emails, impersonating a person in a chat room, tampering with another person's personal computer, and publishing offensive material on the Internet. While the laws are State laws and will only be enforceable against residents of Victoria, the legislation will apply to people living interstate or overseas if they are found to be stalking a person residing in Victoria. Similarly, the law will apply where a Victorian resident is found using technology to stalk a person interstate or overseas.
One of the problems with the new technological advancements in communication is that the victim of stalking may not actually be aware that they are being stalked and therefore have no apprehension of fear for his/her safety. The Attorney-General has stated that the new legislation will remove the need for the victim to be aware of the stalking behaviour for the offence to be proven. It will be sufficient for the behaviour to be established. The absence of this element of harm or apprehension of fear in the victim represents a significant departure from the traditional law of stalking and has been criticised for its potential to create new victimless crimes with inappropriate penalties attached. Given the nature of the technology and the likelihood that a victim may not be aware of the offences being committed, it is difficult to see how this can be avoided. As with most new laws, the 'wait and see' approach will need to be taken.
The Crimes (Stalking and Family Violence) Bill 2003 is currently before Parliament. The new laws will be welcomed by all of us who have embraced new technology and use it as the main means of communication worldwide. The potential for abuse within the electronic media is high and well known. These new initiatives will provide some comfort as we forge ahead into the 21st century.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from our office. | 
