Dealing with stalkers

The legislation basically provides for the jailing and fining of any person who harasses another individual persistently, by watching, loitering, hindering their free access in any way, and communicating with them by telephone, computer or any other means. This Act is thus a handmaiden to the legislation related to the provision of restraining orders — a law which is most often used by women in relation to ex-spouses. By the same token, this new legislation will be used mainly by women since they are the ones most likely to be victims of stalking.

In the debate on Monday, the Opposition raised two main objections to the legislation. Siparia MP Kamla Persad-Bissessar argued that this Act would infringe on journalists performing their duties. While the letter of the Act could be so interpreted, we are sure that the courts can make the distinction between stalking as harassment and following someone because there is a news story to be told. Princes Town MP Subhas Panday criticised the legislation as irrelevant, holding that stalking is not a part of our culture because we do not have big celebrities amongst us. It is true that celebrity stalking isn’t an issue here, but Mr Panday’s objection was disingenuous, since the Act is aimed specifically at protecting women in domestic situations which have gone sour.

When women got to the right to take out restraining orders against men they had left, the men often resorted to stalking in order to punish the woman for breaking up with them. While sticking to the letter of the law, some individuals embarked on a deliberate and spiteful campaign of mental torture.

If the restraining order specified that they were not to come within one hundred yards of the woman, the man would follow her constantly outside that distance. The courts have heard cases of men calling women at home or at their workplace, every five minutes, for the entire day. These men would also send a constant stream of abusive and threatening letters, text messages, faxes, and e-mails.

It is because of situations like this that the Stalking Act was necessary. Of course legislation alone is not sufficient. There is no point having a law unless the police are able and willing to support that law. In the case of restraining orders, women too often face indifference from police officers when they report transgressions. This new Act will present certain difficulties in terms of proving the case, if the man is only following the complainant. But at least it may help prevent threatening phone calls and letters, since such material provides clear evidence of law-breaking.

Whatever the practical limitations, however, this kind of legislation is important for sending a message that ours is a society which has respect for women — or, more precisely, which should have respect for women.

These laws help fight cultural traditions which see women as second-class, inferior, even property. Men and women have all kinds of conflicts which always need to be worked out. Such conflicts are best resolved on an equal footing in a culture where the rule of law is respected. We are a long way from that ideal, but this Act is a step further along that road.