‘My stalker has been jailed and banned from coming near me. None of that stopped him. I am terrified’
Darren Shields could expect jail sentences of up to 10 years in England, while here in Scotland he wasn’t even sentenced to a couple of years, despite repeated offences against the same victim.
“The inadequate sentencing we typically see in Scottish courts simply fails to reflect the seriousness of the crime, the dreadful toll on victims, and does little to discourage predators from continuing their behaviour. While we see police officers and prosecutors doing their best to get cases to court, inadequate sentencing frees stalkers far too quickly. We are now seeking talks on this very issue but despite everything we now know about stalking and the danger to victims, Scotland still does not take this crime nearly seriously enough.
“Where there are indications of a repeat offender or serial stalker like Shields, our criminal justice system must change to take a far more robust and proactive approach.
“They simply cannot continue allowing dangerous stalkers to be unleashed on their victims without effective safeguards in place. Tagging and monitoring repeat stalkers would be an effective way of knowing where they are, which would at least give victims some piece of mind.
“At the moment, far too much is being expected of victims who are already traumatised by the experience, with the onus left to them to seek civil court orders banning a stalker from going near them, something which should be done as a matter of course by the criminal justice system.
“The Scottish Government has spent the last four years talking about stalking. Of course, it is important that they get it right. But it has been four years during which very little has changed.
“We welcome recognition that domestic abuse victims are often also victims of stalking but there are also increasing numbers of stranger stalkers, or what we call intimacy seekers, who can be extremely dangerous predators.”
The latest figures show 1,045 incidents reported to the criminal justice system, with just over half linked to domestic abuse involving a partner or ex-partner.
MSP Rona Mackay’s Private Member’s Bill on stalking aims to give police more powers to act against suspects before conviction, similar to new laws in England and Wales through their Stalking Protection Act 2019.
She said: “The introduction of Stalking Protection Orders, allowing the police to directly apply where they can show evidence of stalking behaviour and believe there is a risk to victims will be helpful, particularly as it takes so long for cases to get to court.
“An Order would then prohibit the stalker from continuing this behaviour. This proposal goes further than recently introduced legislation in England and ensures that no matter the relationship between the victim and stalker, that an SPO could be granted.
“Scotland led the way by making stalking a criminal offence in 2010, and we continue to make this crime a priority along with all the changes being made to domestic abuse laws.
However, I’m very much aware that one in four of young women aged between 16 and 24 have said they have been victims of stranger stalking, so it is clear this crime is very much on the increase.
“While my Members’ Bill is on hold while changes are being made to domestic abuse laws, we will finish what I started. We are still evaluating as we are determined to get this right. I’ve had cross-party support and believe what we’re doing will be extremely helpful to victims. Whenever I hear stories like Leigh’s, it brings it home just how devastating a crime stalking is.”
The Crown Office and Procurator Fiscal Service said stalking victims were now better supported with specialist services in place.
Moira Price, Scotland’s lead procurator fiscal for domestic abuse, said: “Stalking has been a specific offence in Scotland since 2010. It is criminal behaviour which damages the lives of its victims in many ways and will not be tolerated.
In 2020-21, some 1,045 stalking charges were reported to us. More than half of these, 57%, contained a link to domestic abuse.
“Many victims of stalking know their stalker in some way – often as their partner or ex-partner – but many others do not.
“For any victim, the experience of being stalked can be frightening and distressing. We recognise the impact of this crime and are committed to supporting victims through the criminal justice process. Every victim in a stalking case is now referred to our Victim Information and Advice Service (VIA) where specialist staff provide updates and support to victims to help them navigate the prosecution process, and we work closely with police and third sector organisations.
“Staff at the Crown Office and Procurator Fiscal Service have received training on the offence of stalking. I would urge anyone who has been the victim of this type of offending to report it to the police
and seek support. Tackling this crime effectively leads to a safer society for all.”
Detective Superintendent Gillian Faulds said: “Stalking causes fear and alarm and can have a devastating and long-term impact on victims, their families and friends. Whilst there are a number of identified stalking behaviours that are frequently displayed, every stalking situation is unique.
“Stalking is a crime and if you think you are being stalked or know someone who may be a victim, then please report it to Police Scotland. Every report will be fully investigated. You can do this at your local police station, by phoning 101, reporting online or calling 999 if it is an emergency.”
The Scottish Government said: “The Scottish Parliament approved a specific offence of stalking in 2010 with maximum penalties up to five years in prison available. It is for the independent court to sentence in any given case and the Scottish
Government supports courts having these extensive powers.
“More generally, the Scottish Government is committed to putting victims at the heart of the justice system and we are providing £48m over the next three years to enable victim support organisations to provide practical and emotional support. This includes £495,000 of dedicated funding for Action Against Stalking, to enable the provision of specialist support to stalking victims in Scotland.”
Tackling this crime will lead to a safer society