Transcript
When does repeated contact, messages, or following someone turn into a crime? That’s where stalking and harassment charges apply.
In Victoria, stalking offences relate to a course of conduct or behaviour that cause another person to feel fear or distress. This can include following someone, repeatedly contacting them, monitoring them online, or even attending their premises unannounced. It doesn’t have to involve violence — the repeated behaviour itself can be enough. Penalties can be serious, including jail, especially if there is threats or violence involved. Courts treat stalking cases carefully because of the impact on victims.
This is general information. If you’re accused of stalking or if you’re a victim, it is important that you seek legal advice.
Understanding Stalking Laws in Victoria
Repeated messages, unwanted contact, or online monitoring do not always start as crimes — but under Victorian law, they can quickly become one. This video explains when repeated contact becomes stalking, how police and courts assess patterns of behaviour, and why even non-violent conduct can lead to criminal charges. It clarifies the legal risks around persistent texting, social media contact, and turning up uninvited, and outlines why stalking allegations attract serious court attention in Victoria.
Legal Definition of Stalking Under Victorian Law
In Victoria, section 21A of the Crimes Act 1958 (Vic) defines stalking as an indictable offence. Prosecutors must prove a course of conduct directed at another person, together with the required mental element set out in the section. The law does not criminalise a single incident. Instead, it targets repeated behaviour and requires courts to assess that behaviour in its full context.
What Constitutes a Course of Conduct?
Section 21A identifies a course of conduct that includes one or more specified types of behaviour. These include following a person, contacting them by any form of electronic communication, publishing material relating to them, keeping them under surveillance, attending places they frequent, interfering with their property, or engaging in other conduct that could reasonably cause physical or mental harm, or arouse apprehension or fear for safety. The conduct must occur on more than one occasion.
Stalking Without Violence or Threats
Stalking does not require physical violence, threats, or confrontation. In practice, courts assess the overall pattern of behaviour and its impact on the complainant. For example, repeatedly messaging an ex-partner after a relationship ends may amount to stalking. Turning up at someone’s workplace after they ask you to stop can also qualify. Persistent monitoring of social media activity may satisfy the offence when it forms part of a pattern.
How Police Investigate Stalking Allegations
Police investigate stalking allegations by gathering digital and physical evidence. This often includes phone records, screenshots, call logs, social media data, CCTV footage, and witness statements. Police also assess the broader context. They consider the history between the parties, any warnings given, and whether intervention orders already exist. If police believe they can prove the elements of section 21A, they may lay criminal charges.
Penalties and Court Process
Maximum Penalty for Stalking
Section 21A of the Crimes Act 1958 (Vic) classifies stalking as an indictable offence and sets a maximum penalty of 10 years’ imprisonment.
How Stalking Cases Proceed in Court
Proceedings commonly commence in the Magistrates’ Court. There, the court may hear the matter summarily if the statutory criteria apply, or the case may proceed by way of committal. If the court does not determine the charge summarily, it may transfer the matter to the County Court for trial or sentence.
Intervention Orders and Related Legal Action
Stalking allegations often arise alongside intervention orders. Where the parties share a family or intimate relationship, police may act under the Family Violence Protection Act 2008 (Vic). Police may issue a safety notice or apply to the Magistrates’ Court for an interim Family Violence Intervention Order that restricts contact. In non-family situations, police may seek a Personal Safety Intervention Order under the Personal Safety Intervention Orders Act 2010 (Vic). A breach of an intervention order constitutes a separate criminal offence.
Common Mistakes Accused People Make
Accused people often make damaging mistakes early. Many continue contacting the complainant to explain themselves. Others delete messages or social media accounts, believing this helps their case. Some assume online behaviour carries less legal weight. These actions often strengthen the prosecution’s case instead.
What to Do If You Are Accused of Stalking
If police contact you about stalking allegations, stop all contact with the complainant immediately. Seek legal advice before answering questions or providing a statement. Early advice allows a lawyer to assess intent, identify weaknesses in the alleged course of conduct, and determine whether defences apply.
What to Do If You Are Experiencing Stalking
If you experience stalking behaviour, document everything early. Save messages, keep a timeline, and report incidents promptly. Early action helps police identify a course of conduct before the behaviour escalates. Legal advice can also assist with safety planning and intervention orders.
Final Thoughts on Stalking Cases
Stalking cases turn on evidence, intent, and context. Because the penalties are severe and the consequences long-lasting, early and informed legal guidance remains essential.
