Stalkers could soon face stiffer penalties and technological tracking as the Government considers ways of empowering victims.
The Sunday Times of Malta recently reported the experience of a woman who received up to 600 calls a day from an aggressive and obsessive stalker who the courts let off with a fine.
The story sparked the interest of Minister for Civil Liberties Helena Dalli and Parliamentary Secretary for Justice Owen Bonnici.
Dr Dalli said the article showed that the perpetrator in the case was not deterred by the court from continuing to harass the victim.
“We need a debate to consider a review of the legislation to strengthen the prevention and protection aspects in such situations also within the context of a sentencing policy.
“Harsher penalties would also be in order,” she said.
Dr Dalli added, however, that a wider debate should also address measures that could be introduced to empower victims to seek help.
“These may include the use of technology to constantly monitor the perpetrators on the one hand while giving the victim quicker access to help and assistance.”
Meanwhile, Dr Bonnici said he had spoken personally to the victim and consulted the Attorney General and Police Commissioner on the present legal situation.
He pointed out that the Criminal Code made no reference to the term ‘stalking’ but articles 251A and 251B about harassment were used in such cases.
The current penalty for harassment, he said, was a maximum prison term of three months and a fine of not more than €4,658. In the UK, harassment referred to situations where there was a degree of alarm and distress and stalking referring specifically to situations where a person follows another, spies on them and contacts them.
“I have been given advice that if we decide to introduce stalking as an offence with its legal specificity we would be simply creating a bigger barrier for the prosecution to surmount in the question of evidence required,” he said, adding that the current law covers stalking.
The issue therefore rests with whether the penalties should be increased and what can be done to alleviate the ordeal that victims of this sort of crime often go through.
“Increasing the severity of the punishment contemplated to, at least, a maximum punishment of six months imprisonment is a must in my opinion,” Dr Bonnici said.
The victim who spoke to The Sunday Times of Malta was disappointed that after an 18-month court case, her stalker received a €2,400 fine payable to the court and that she was left to cover her legal fees.
“I don’t feel more protected in any way,” she said. “If this were to happen to me all over again, I would probably try to avoid court and if I am thinking this way, many other victims of stalking would be doing likewise – meaning that we have nowhere to turn to.”
cperegin@timesofmalta.com