Lack Of Anti-Stalking Law In Scotland Has Left Women Without Adequate Protection

Scotland’s justice system is failing to protect the growing number of women who are victims of stalking, an investigation by The Scotsman can reveal. Ten years after a specific law on stalking was introduced south of the Border, Scotland still has not introduced an equivalent piece of legislation.

Now a new report by the Scottish Executive and seen by this newspaper raises concerns that women at risk are not getting the protection they need through the legal system.

The report, based on a two-year evaluation of a domestic abuse court in Glasgow, identifies weaknesses in current legislation that makes it difficult for women to obtain legal redress.

And women’s groups are now warning that stalkers are walking free from court to pursue their victims because of a consistent failure to secure non-harassment orders. The result is that victims have to take out private prosecutions through the civil courts at a personal cost of up to £4,000.

The Executive report says there has been disappointment in the “small number of Non-Harassment Orders granted” and says “there was … a general concern expressed about the protection of victims at the end of a case”. It continues: “At this point, bail conditions would generally be removed and there are limitations to the use of Non-Harassment Orders.”

The Scottish Executive faced fierce criticism for failing to introduce a specific law against stalking when one came into force in England and Wales in 1997. Instead, ministers insisted women’s rights would be adequately protected by existing laws on breach of the peace.

Anti-stalking laws in England result in around 40,000 arrests each year, but in 2001 the Executive again resisted calls for specific legislation. There are about 4,000 prosecutions in Britain every year for stalking. An estimated one in five women and one in 20 men will be affected by stalkers; the majority of victims are professional women aged 20-40.

Louise Johnson, from Scottish Women’s Aid, said: “Non-harassment orders are an effective tool if used properly, but women are not being protected because the court orders are not being used properly. Why have the law if it’s not going to be enforced?”

Mark Thorley, a family lawyer in Edinburgh, agreed urgent reforms are needed. He said cases are strung out for up to a year and stalkers are escaping with little more than a slap on the wrist. “Men are not really being prosecuted properly and women are not getting the protection they need,” he said. “Even with an interdict and power of arrest, there are problems. The police should arrest these people … but it doesn’t always work like that.”

Critics point to the murder of Marilyn McKenna following a campaign of stalking, harassment and violence. She was battered to death with a claw hammer in September 1998.

The interim interdict ordering her tormentor to keep away did nothing to protect Ms McKenna, who was stalked for a year before her death. Her family claimed at least 64 police officers were involved in reporting a lengthy string of threats.

A Crown Office source admitted that obtaining an harassment order is “quite difficult”. “The legal interpretation is very narrow,” the source said.

Dr Lorraine Sheridan, a forensic psychologist, said: “Stalking is a persistent crime and putting in court orders will not stop the offender. They are psychologically committed to stalking [their victim]. It’s a serious crime.”

A spokesman for Strathclyde Police said: “If people report crimes to us we will always investigate them thoroughly, regardless of the nature of the crime.”

A spokesman for the Scottish Executive said: “If people are wishing a review [of the law] that’s a matter for the next administration.”