Catholic Women’s League backs stalking law, suggests tweaks

In a submission on the Crimes Legislation (Stalking and Harassment) Amendment Bill, CWLANZ noted that the proposed new offence would make it easier to prosecute offenders.

As well as creating a new offence, the bill would allow courts to make restraining orders and orders in relation to harmful digital communications when sentencing for the new offence.

It would also add new stalking-related aggravating factors at sentencing. And it would ensure that a stalking and harassment conviction in the last 10 years disqualifies an offender from holding a firearms licence.

The definition of psychological violence in the Family Violence Act would be changed to include stalking. And self-represented defendants charged with the new offence would be unable to personally cross-examine alleged victims in court.

The bill lists behaviours like recording or tracking someone, following them or loitering near them as potential offences.

The CWLANZ submission stated its support for punishment of offenders by imprisonment for a term not exceeding five years, as provided for in the bill. But the bill’s definition of illegal stalking as a minimum of three stalking acts within 12 months should be changed, it argues.

“Internationally, two acts [are] sufficient, and we agree with this lesser number of acts. Instead of 12 months, it should be illegal within any timeframe,” the submission stated.

The CWLANZ submission also recommended change in the bill’s requirement that the stalker “knows” their acts will likely cause fear or distress.

“The wording should be changed to ‘the stalker knows or ought to know’ this would cause distress to a ‘reasonable person’ rather than an actual victim.

“This will make it harder for a stalker to avoid accountability by pretending not to know their acts are likely to cause a victim distress.”

The submission also added that “the bill needs to state that the courts must consider one or more rehabilitation pathways for the offender. This would help prevent reoccurrence of stalking”.

Other matters discussed in the submission included future technology, acts done to third parties or at workplaces, firearms and warnings and arrests by Police.

FULL STORY

CWLANZ submission on Bill

Stalking legislation takes first step in Parliament | RNZ News (Radio New Zealand)

Crimes Legislation (Stalking and Harassment) Amendment Bill 107-1 (2024), Government Bill – New Zealand Legislation (NZ Legislation)

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https://www.rnz.co.nz/news/ldr/544609/councillor-opens-up-about-cyberstalking-experience-calls-for-stronger-laws (Radio New Zealand)