The use of Social media has increased in the last few years, with more platforms and ways to connect than ever. Users can publish, share and exchange photos, texts, and videos with their peers, families and the world, but the rise of so many ways to connect with others, especially anonymously has brought about a new risk: cyberbullying. Cyberbullying occurs when a person engages in offensive, menacing or harassing behaviour using technology. An aspect of this and the focus of this essay is stalking meaning conduct that is intentionally directed at someone, occurs on several occasions and causes the victim physical or mental harm. Conduct is defined as following or watching a person, leaving offensive material where the victim will find it and …show more content…
The Queensland Criminal Code Act 1899's objective is to establish a Code of Criminal law, covers any Queenslander who believes that they have been cyberstalked as stalking is illegal. Section 359B defines stalking as conduct purposefully directed at a specific person and that the action caused detriment to that person (which means causing them fear, apprehension or violence against them) (Casey, 2018). Under section 359E of the Criminal Code 1899, the person who unlawfully stalks another person is guilty of a crime, and is liable to a maximum penalty of imprisonment for 5 years (Queensland Government, 1899). To convict a person of stalking, it must be proven that the stalker intentionally engaged in the behaviours listed in Section 359B of the Criminal Code 1899. Defences the defendant may plead, include mental impairment, honest mistake of belief impossibility, lack of intent and identification dispute (Doogue & George, 2018). These sentences are long, but depending on the severity of each crime, they are necessary. For example, in 2015, Queensland man Stephen Grott targeted around 20 young …show more content…
Stalking under the Crimes Act occurs when an offender stalks another person by contacting the victim by post, fax, email, telephone, text message or any other electronic communication with the intent to cause mental or physical harm. In Victoria, the prosecution must prove at least two of three things. That the offender (or accused) intended to cause the victim harm, or arouse apprehension or fear, that the accused knew that the activity would cause the victim fear or harm, or that they knew that they were causing the victim to be afraid or harmed (Victoria Legal Aid, 2015). The defences that the accused may use include the conduct was committed in the normal course of business or trade, was a performance of an occupation, that it was in pursuance of industrial dispute or to engage in a political discussion. (Criminal Legal, 2016) Under the Crimes Act 1958 a person convicted of stalking can receive up to the level 5 imprisonment (10 years maximum), depending on many factors in the crime (Victorian Government, 1958). Katalin, a Business Analyst from Victoria claims to have been cyberstalked for 6 years after rejecting the advances of a male colleague who worked in her IT department. Soon after she experienced strange activity including unauthorised desktop control, invasion of her social media networks and software
The National Conference of State Legislatures (2013) defines Cyber stalking as the use of the internet, email or other electronic communications to stalk. It generally refers to a pattern of threatening behaviors or malicious intent. The NCSL considered it the most dangerous of cyber harassments. According to the Louisiana statute, Cyberstalking is the actions of any person to perform the following:
Stalking is extremely dangerous, and most victims of this crime report that their lives are changed forever because they live the rest of their lives in constant fear. This act of crime is commonly underestimated and not seen as threatening as it is. In most cases, stalking can only be stopped with the help of law enforcement. Victims and stalkers are both affected by stalking, and it is in their best interest for both to get serious help as soon as they can.
The Crimes (Computer) Act 1988 (Vic.) outlaws computer hacking (unauthorised access to data stored in a computer) with a new crime of computer trespass. It is also an offence under this act to use a computer to obtain property by deception. The Cyber Crimes Act 2001 (Cth) prohibits access or modification to a computer to commit indictable offences like fraud. It also makes it illegal to gain access to restricted data or to affect connections between computers. This also makes it illegal to modify information on credit cards or any other electronic devices. The Crimes (Stalking) Act 2003 (Vic.) makes it illegal to stalk people over the internet ei...
When people hear the word stalking, they mainly associate the term with a stranger who follows around someone. However, most stalkers are former friends or partners of their victims. Stalking is a criminal activity of someone harassing or threatening another person repeatedly. About 90% of stalkers are men and 80% of victims are women, but 8% of men and 2% of women have been stalked in their lifetime. However, stalking is extremely difficult to prove because it is a case of “he said, she said”. Therefore, stalking is sometimes overlooked. There are many types of stalkers with crazy motivations, outrageous personalities and behaviors and they have forever changed the lives of their victims.
Wolak, J., Finkelhor, D., Mitchell, K. J., & Ybarra, M. L. (2008). Online “Predators” and their Victims: Myths, Realities and Implications for Prevention and Treatment. American Psychologist, 63. Retrieved from http://www.unh.edu/ccrc/pdf/Am%20Psy%202-08.pdf
Stalking has been around since the beginning of time. Men and women alike have been accused of such a crime cause they either can't get it out of their head that the other person does not want to have anything to do with them, or they are just obsessed with a stranger. It is just recent that they United States Government have decided to make stalking a crime in it self. This type of crime was labeled as harassment, annoyance, or domestic violence. It wasn?t until the 80's and 90's that stalking cases were brought to the attention of the media and high political policy makers.
Around 7.5 million people in the USA alone are stalked every year (statistics on stalking data, 2011). A staggering amount of research has been done over stalking as it is not something that just happens to those in the limelight but can cause an effect on anyone. This discussion examines these issues of stalking is a global phenomenon. The initial term ‘stalking’ has many definitions which has the same meaning, it is a crime and it is portrayed by controlling an individual and gaining power over the victim. “pattern of repeated threatening or harassing behaviours that directly or indirectly communicate a threat or place the victim in fear.”
The World Wide Web and Internet are great places to study, work, or even play. But there is an ugly side of cyberspace. Cyberspace reflects the real world and some people tend to forget that. Cyberstalking and harassment are problems that a large number of people (especially women) are realizing. (Jenson, 1996, p.1)
Cyberbullying is simply the use of technology and its accessible tools to harass, hurt and embarrass the targeted individual repeatedly. Stopcyberbullying.org (n.d.), a dedicated organization to prevent cyberbullying and promote awareness, has defined cyberbullying as the use of the internet and mobile devices or digital technology such as text or instant messaging, e-mail, and/or post blogging by adolescents or teens to repeatedly threaten, harass, embarrass, torment, humiliate, or likewise the targeted adolescent(s) or teen(s). The 21st century has promoted and forced our teens to become very knowledgeable with the use of technology in addition to social media use and access. The array of social media medium includes Twitter, Facebook, and the even low-key Formspring—a medium that offers “total anonymity” to users (Holladay, 2011, p. 5). Even though ...
As we are living in the age of technology, we are seeing our youth being victimized by a new phenomenon of bullying, called cyberbullying. Cyberbullying is defined as the use of information and communication technologies such as email, cell phones and pager text messages, instant messaging, defamatory personal Web sites, and defamatory online personal polling Web sites, to support deliberate repeated and hostile behavior by an individual or group, which is intended to harm others. Cyberbullying can also employ media such as PDAs, blogs, and social networks (Beckstrom, 2008). This form of bullying is progressive because it can happen instantly due to the technology involved, whereas traditional bullying tends to take longer to evolve and happens
This sort of phenomenon makes major headlines regularly in recent times and effects a clear majority of today’s youth. State and local lawmakers have taken steps to prevent this type of bullying by making illegal under several criminal law codes. Michele Hamm, a researcher in pediatrics explained, “There were consistent associations between exposure to cyberbullying and increased likelihood of depression.” Cyberbullying became widespread among students with the rapid growth in use of cellular devices and the Internet. With this kind of technology bullies have the ability to send harmful messages to their recipients at any given time. This type of bullying is the hardest to control because it involves students but often happens off school grounds. However, because the evidence is material, students and parents could bring this evidence to the school and local police departments if a situation were to happen. Parents should be mindful of their child’s use of the internet and electronic messaging, cyberbullying usually takes place in a medium in which adults are seldom present (Mason, 2008). Also, instead of sending direct messages to other students, bullies use platforms such as social media and anonymous blogs to post harmful things for others to see. Educators must understand the significance of social media use to their students, especially
The cons of social media can be very risky, especially when the youth of this society is partaking in it. Children and adolescents are now known for inappropriate content on social media sites or just simply not understanding the concepts of privacy. A nationwide issue that has been addressed is the action of cyberbullying. This action often leads to harmful circumstances such as suicide attempts, with some being successful. In just one state in the U.S., 1,491 high school students that were the “cyber bullies” were related to suicide attempts and about 4,693 students were rel...
Violence against women is not always physical. With the continuing advancements in technology, cyber stalking is an increasing way for predators to attack women. “Cyber stalking is the use of the Internet or other electronic means to stalk someone which may be a computer crime or harassment.” The anonymity of interacting with someone online makes it very easy to stalk someone without even leaving home. Cyber stalkers have a sense of security that since they are not seen, they will not be identified. It is estimated that over 75% of victims are women. This estimated figure is lower than the actual number because a large majority of cyber stalking goes unreported.
messages and images can be posted anonymously and distributed quickly to a very wide audience. It can be difficult and sometimes impossible to trace the source. Deleting inappropriate or harassing messages, texts, and pictures is extremely difficult after they have been posted or sent” (Dealing with Cyberbullying 1). Cellphones and computers are not to blame for online bullying. Social media sites can be used in a positive way, depending on how...
The world would be a better place without you, you should go kill yourself. People often forget that there is somebody else behind the screen on the other side. The twenty-first century led to the development of several innovations, most notably the internet and social media. Despite its numerous benefits, people’s reliance on social media has spawned a new and dangerous concept called cyberbullying. Whether it is spreading rumours or sharing an inappropriate image of someone over the internet, cyberbullying is evident in this newly technology driven world. It is especially worrying when fifty percent of adolescents experience cyberbullying sometime during their lives and ten to twenty percent experience it on a regular basis