Stalking

The concept of stalking has taken an innovative evolution from its ordinary connotation to one that that involves animal stealthily and a new form of harassment.   However, harassment and intimidation have been covered by the subject of stalking in some jurisdictions with most of them already incorporating the two in the definition.   Stalking generally involves discrete acts which are performed repeatedly over time.   The element of repetition is therefore important to distinguish stalking from the other forms of offenses involving human behavior.   Psychiatrists and psychologists have differing concepts of stalking but the general definition has already been accepted as controlling[1].   Prosecuting stalking requires proof of its repeated occurrences rather than the purpose of committing the act for otherwise, a single act does not fit the definition.   Behavior is the important factor in the commission of the act with intention merely regarded as secondary in nature.   It is, therefore, immaterial if the victim feels that the first occurrence of the annoying, irritating and fear-instilling behavior is threatening or not.   The repeated occurrence of such behavior qualifies the act as a criminal offense as defined by statute.   The burden of proving that the act was done repeatedly belongs to the prosecutors rather than the defense counsel.
      An example of a statute of recent enactment defines stalking as a personal act intentionally committed knowingly performed without legal justification by following a woman or child, or placing them under direct or indirect or a combination thereof[2]   In the U.S., various states have enacted their own versions of the law on stalking with California the first to criminalize the act in 1990. This has been attributed to the rising of stalking cases which are high profile, particularly the stalking murders committed in 1989 in Orange Country.   Stalking in the U.S. is currently governed by Section 120a of the UCMJ or Uniform Code of...