I am Stalker- But what if I’m a victim?

Posted on 18th March 2024 by McAlister Family Law

I am Stalker – But what if I’m a victim?

“I am Stalker” is a new Netflix documentary about convicted stalkers in the US who talk about their personal experiences. Whilst for some viewers it is an interesting watch about true crime, it is actually an awful reality for victims of stalking. Here, Weronika Husejko looks at how victims of stalking can protect themselves through the family court.

Stalking has a fairly wide definition and some examples of stalking under the Protection from Harassment Act 1997 include: –

Following a person
Watching or spying on a person
Monitoring the use by a person of the internet or email

Stalking is generally considered to be a more aggressive type of harassment. However, it is not always easy to identify a victim of stalking. For example, stalking may include purchasing something in another person’s name without their consent.

The police say that the four warning signs of stalking are:-

Fixated
Obsessive
Unwanted
Repeated

If you are a victim of stalking, you may have recourse to some protective remedies via the Family Court.

Non-Molestation Orders

This is a type of injunction which is aimed at protecting you from a range of behaviours that can include stalking and harassment.

This option is available to those who are being stalked by what we refer to as an “associated person”. This includes people such as family members and ex-partners of the victim.

Injunction under Protection from Harassment Act 1976

Victims of stalking can also apply for an injunction under the Protection from Harassment Act. If granted this is a civil order from the Court which prohibits the stalker from taking steps which are considered to be stalking or harassment. The victim may also be able to seek damages from the Civil Court via this route.

This option is available to all who are being stalked, including those victims who are being stalked by a stranger for example.

It is always sensible to speak to a solicitor about the most appropriate options for you in the first instance as this can of course vary dependent upon your specific set of circumstances.

The police can also apply for a Stalking Protection Order on your behalf which is a civil order. They may also refer your case to the Crown Prosecution Service who may decide to prosecute the stalker via the Criminal Courts in addition to the above Family Court remedies.

If you are indeed being stalked or harassed and you feel that you are in danger, we would always suggest that you contact the police. There is also a National Stalking Helpline that you can contact for help.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Daisy’s Law – New measures to recognise children born as a result of rape

Posted on 23rd March 202323rd March 2023 by McAlister Family Law

Daisy’s Law – New measures to recognise children born as a result of rape

Children born as a result of rape will officially be recognised as victims of crime and receive better support under changes announced by the Government. Here, Rubecca Rahman, McAlister Family Law Paralegal, looks at what the introduction of ‘Daisy’s Law’ will mean for children, victims and survivors of sexual abuse.

On 19^th January 2023 the Government announced that children born as a result of rape will officially be recognised as victims. This follows the Government’s intention to further support victims of such heinous crimes and allow them the opportunity to make the individual accountable for d the crime.

Government statistics suggest that highest ever number of rapes within a 12-month period was recorded by police in the year ending September 2022 and in that same time period, charges were brought in just 2,616 rape cases.[1]

The UK government has announced these changes to the law which will recognise children as victims under the proposal ‘Daisy’s Law.’ England and Wales will be amongst the first countries in the world to bring about such change to their legislation, recognising the horrific circumstances that these children suffer due to no fault of their own.

At present, the lack of explicit reference to people born as a result of rape in the Victims’ Code, which is essentially a code of practice which sets out the minimum standard that all organisations must provide to victims of crime.[2] makes it very difficult for them to claim support and entitlements such as being provided with information about their case. The new laws will allow such children to receive specialist care and support from the criminal justice system which they may have otherwise not have had access to. The change will also allow victims to access counselling and therapy much easier as the government is committed to delivering better outcomes for victims and survivors of sexual abuse.

This landmark piece of legislation follows recommendations from the Justice Select Committee as it seeks to put the needs and voices of victims at the heart of the justice system and increase the accountability of agencies.

The Centre for Women’s Justice (CWJ) found that children born as a result of rape were at risk of suffering serious and long-term harm due to the distressing circumstances of their birth, from infancy well into later life.[3]

Daisy’s Law

Daisy was conceived as a result of rape in the 1970’s and her biological father, Mr Carvel Bennet was never brought to justice, despite her mother reporting the report at the time. He was eventually brought to justice in 2021 using Daisy’s DNA.[4]

As a child, Daisy was raised by an adoptive family, shielded from the truth about the circumstances of her birth. Once she turned 18, she requested her adoption file, hoping to learn more about her birth family and was horrified to learn that her birth mother had become pregnant with her at just 13 years of age. Eventually, Daisy was able to establish a contact with her birth mother and campaigned for her biological father to be brought to justice, offering her DNA as evidence that could be used to prove the prosecution case.

Once this matter was brought before the court, the police were able to secure a conviction against her biological father. Under the criminal law proceedings, Daisy had no rights within law to be kept informed of the progress of the investigation or the prosecution as she was not recognised as a victim of the crime. She therefore worked effortlessly to raise awareness in the press of the difficulties she faced by not being recognised as a secondary victim of rape.

Final thoughts

It is hoped that by working together with other countries to develop a recognised framework, children born of sexual violence will not be disadvantaged by the circumstances of their birth. The call to action has already been endorsed by several countries and organisations and it is hoped this change will have a huge impact on the way matters are dealt with in and out of proceedings and to the victims and those affected by it.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

References:

[1] https://rapecrisis.org.uk/get-informed/statistics-sexual-violence/

[2] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/974376/victims-code-2020.pdf

[3] https://www.centreforwomensjustice.org.uk/news/2022/8/15/daisys-law-new-research-commissioned-by-centre-for-womens-justice-demonstrates-why-children-born-from-rape-should-be-recognised-as-victims-in-law

[4] https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/62fa26731a8f4921aef8545c/1660561012202/Daisy%27s+story.pdf

The New Age of Social Media v Children’s Rights to Privacy Online

Posted on 16th March 202323rd March 2023 by McAlister Family Law

The new age of social media v children’s rights to privacy online

The growing popularity of online social media platforms such as TikTok and Instagram has paved the way for a newfound presence of ‘kidfluencers’ – children thrust into the online spotlight by their parents or legal guardian, often becoming the face of a personal brand in return for sponsorship deals and paid promotions, with some pages reported to earn thousands of pounds per post.

Here, Eleanor Drury looks at how the influencer marketing industry may put children at risk, and what other jurisdictions are doing to protect them.

Last year, the House of Commons Digital, Culture, Media and Sport committee raised concerns that children are being used by entrepreneurial parents and guardians to capitalise on the growing market, and that a lack of action to regulate this area will lead to children in the industry being exploited. Whilst the UK has previously implemented child labour legislation, this was drafted some time ago and arguably needs to be to address gaps arising from 21^st century ways of life and provide regulation around two key grey areas; firstly, a child’s right to privacy on social media; namely, how content of them is shared and with whom, and secondly, whether profits are protected for the child’s future benefit.

The courts and legislators are faced with a tricky situation whereby the best interests of the child must be finely considered. There is an argument that children in this industry have a better quality of life, presented with further opportunities and greater financial freedom. Does filming and posting your child unboxing gifts, playing pranks or simply singing and dancing along with the latest trends really trigger the need for intervention? Or does the commercialisation for an online audience negate the defence of it simply being ‘play time’?

Given the overwhelming popularity of technology and social media, and the fact that of course not every child posted online is subject to a huge following of strangers on the internet, the courts will likely be keen to avoid a situation in which the floodgates are opened to excess claims and would therefore need to scrutinize a number of variables such as the age of the child, any safeguards put in place to protect the child and how much time and effort is required is of the child. It must also be recognised that the vast majority of parents and guardians post their children online out of love and parental pride.

In 2020, the French parliament adopted a new law on the commercial use of images of children under 16 years old on online platforms. The law aims to protect child influencers and provide a legal framework to prevent their exploitation online. This legislation requires parents and guardians to seek prior government authorisation to produce videos or imagery of children for online platforms where revenue exceeds certain thresholds, along with protecting any income generated by ensuring that only a percentage of this is received by parents and guardians, with the remainder being placed in trust for the child to access during adulthood.

With influencer marketing rapidly on the rise, perhaps UK legislators will decide soon to follow in the footsteps of other jurisdictions and provide a more modernised and inclusive take on pre-existing child labour law.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.