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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-06-15 Daily Xml
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Motions

Stalking Victims

The Hon. S.L. GAME (16:00): I move:

That this council recognises that—

1. According to the 2016 data from the Australian Bureau of Statistics, one in 15 men and one in six women are victims of stalking in Australia;

2. The stalking figures are likely an under-representation of the true scope of people affected by stalking;

3. Stalking victims are often reluctant to report the behaviour of the perpetrator for fear of retaliation by the perpetrator;

4. Police are not resourced adequately to deal with stalking in South Australia and victims are often left to prove their own case at their own expense such as fitting CCTV cameras, installing car cameras or paying for a private investigator;

5. It can be difficult to prove a case of stalking due to the wording in the legislation that requires proof of intent to frighten or harm the victim;

6. The fear of violence is among the most common and debilitating concerns faced by stalking victims;

7. Many abusers use stalking to intimidate and control their victims;

8. There is a real and frighteningly significant connection between stalking and violent assault;

9. There is a significant connection between stalking and intimate partner homicide;

10. In many cases victims are stalked for years with no resolution; and

11. More needs to be done to assist victims of stalking in South Australia.

There is no such thing as a typical stalker. According to a 2012 study, stalking is a behaviour that falls under the umbrella of symptoms for various disorders. This study listed motivations for stalking to include a delusional belief in romantic destiny, a desire to reclaim a prior relationship, a sadistic urge to torment the victim or a psychotic over-identification with the victim and the desire to replace him or her.

Obsessive behaviours come via a host of mental health disorders and disabilities. The same study also noted that stalkers can fall under a variety of diagnoses including psychotic disorders, personality disorders, such as narcissistic personality disorder, and delusional disorders such as erotomania, which is a belief that another person—often a prestigious or famous person—is in love with you. A 2018 study which interviewed over 300 prosecuted stalkers noted that over half had a substance disorder, which again notes to the addictive personality traits often exhibited.

The stalking itself can take multiple forms and is often unpredictable. A stalker can change tactics suddenly, escalate or de-escalate, it can be active and aggressive, it can be subtle and creepy. Current legislation is not equipped to keep up with the random and changing nature of stalking and, most importantly, it cannot protect victims from future harm.

The current legislation is reactive, not able to pre-empt or to enforce upon initiative. In some cases, horrendously, people need to be physically hurt or even killed before police are able to take action. Alarmingly, we found 17 journal articles, all published within the last 15 years, that describe the ongoing psychological impact all this pressure has on the victims. The studies report high rates of post-traumatic stress symptoms, anxiety, depression and suicide ideation, as well as a higher than average presentation for specialist assistive psychological services than the general population.

The current legislation is very difficult to enforce due to the key wording of 'requiring proof of intent to frighten or harm the victim'. If the stalker's current modus operandi involves stuffing hundreds of pages of love letters into a letterbox there is no clear intent to frighten or harm. Again, flurries of text messages, sometimes over 30 within the space of minutes, declaring how someone cannot live without you, is not displaying an intent to cause harm or an intent to frighten them.

But it is frightening and it is distressing. I know this because I have a stalker. Due to the current legislation, the burden fell on me to prove that this was happening and that my family's life was under threat. For victims of stalking without access to resources or the ability to borrow money to obtain those resources, they have next to no hope of ever bringing the nightmare to an end under the current system.

The Legal Services Commission of South Australia admits in their online law handbook that there has been 'considerable concern over the inability of the police to intervene where a person "stalks" someone', and that:

It is very difficult to prove a person is guilty of stalking as the police will have to show that these behaviours occurred on at least two separate occasions…

And also that:

In some instances the mental element of the stalker is more squarely focused on 'possessiveness' and 'love' rather than any intention to cause serious physical or mental harm or serious apprehension or fear.

Thousands of stalking victims do not have the resources, energy and self-advocacy to push for systemic reform. They feel a true fear that taking action would incentivise the stalker into retaliating with violent and damaging behaviour. I intend to utilise my position of great privilege here in the Legislative Council to represent all victims of stalking and to advocate for systemic change to the legislation, to better protect victims and to prevent future harm, and to believe the victims first and foremost.

These situations cannot be allowed to drag on for years, destroying confidence and quite literally putting a halt to victims' lives. South Australian families deserve better and I promise I will bring this matter back to the chamber with actionable legislative proposals. I commend the motion to members.

Debate adjourned on motion of Hon. N.J. Centofanti.

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