“Bait-and-switch” stalking bill would “water-down” protection from harassment

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Source: Auckland Women’s Centre

The government is set to “water-down” protection from harassment in a new law supposed to keep people safer from stalking, say violence-prevention experts.
“While we support the bill overall, the government’s plan would make it harder to free some whānau from the terror of serious intrusions into their lives,” said Leonie Morris, chair of the Coalition for the Safety of Women and Children.
The Crimes Legislation (Stalking and Harassment) Amendment Bill would make it illegal to carry out three stalking actions in a year but it would also repeal the related offence of criminal harassment, which is defined as two acts of serious harassment in a year.
“Making it legal for stalkers to harass their victims twice a year in certain ways is counter-productive and uncalled for, and possibly unprecedented internationally,” said Morris. “We are angry at this bait-and-switch move.”
Stalking actions can include harassment, surveillance, unwanted contact, threats, and life damage. Some people stalk their partners or ex-partners and/or their primary target’s loved ones such as children, while others stalk strangers or acquaintances.
“We hope the bill will lead to better awareness and early intervention, both for whānau targeted by stalking and whānau at risk of using stalking behaviours,” said Awatea Mita of the Aotearoa Free From Stalking campaign. “We know early support can be vital, so it’s disappointing the government plans to water down already inadequate protections for harassment.”
Aotearoa Free From Stalking is urging people to make submissions on the bill asking for stalking to be defined as two acts within any time period, rather than three acts within 12 months. AVA (Anti-Violence Action) community organiser Layba Zubair said young women are at higher risk than others of being stalked, and early support is required “to stop this insidious harm from potentially derailing the rest of their lives.”
Similar countries – such as Australia, the US, England and European Union members, who have had stalking laws for years if not decades – require only two provable acts for unwanted, distressing intrusions to be considered a crime, and do not specify a timeframe.
“The arbitrary year limit means victims whose experiences may go over a number of years will find it harder to receive support than others,” said Zubair. “For example a victim who is stalked whenever she moves house by a stalker wanting her to know he knows where she lives regardless of what she does to avoid him.”

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