Cyber Stalking Research Paper

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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

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