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Criminal Harassment
Criminal harassment, or “stalking”, as it is commonly referred to, consists of repeated
behaviour that has the intention of harassing, frightening, annoying, or other actions
displaying obsessive and unwanted conduct directed towards another individual “without
lawful authority”. For those facing criminal harassment charges, it is important to hire an
experienced criminal defence lawyer to defend against these types of allegations.
In order to prove a criminal harassment allegation in court, it must be proven that the
accused person has engaged any of the following conduct:
- repeatedly following the complainant or someone known to the complainant;
- repeatedly communicating with the complainant or someone known to the complainant (either directly or indirectly);
- watching or besetting a place where the complainant or someone known to the complainant lives, works, carries on business or “happens to be”; or
- Employing “threatening conduct” towards the complainant or a member of the complainant’s family.
It must be established that the complainant was harassed;
It must be established that the accused who engaged in such conduct knew that the complainant was harassed or was reckless or willfully blind as to whether the complainant was harassed;
It must be established that the conduct caused the complainant to fear for her safety or the safety of anyone known to her; and
It must be established that the complainant’s fear was, in all of the circumstances, reasonable.
It must be established that the accused who engaged in such conduct knew that the complainant was harassed or was reckless or willfully blind as to whether the complainant was harassed;
It must be established that the conduct caused the complainant to fear for her safety or the safety of anyone known to her; and
It must be established that the complainant’s fear was, in all of the circumstances, reasonable.
What does “repeatedly” following or communicating mean?
“Repeatedly” means “many times over”, specifically more than once or twice. The conduct must be overly frequent in all the circumstances. Whether the conduct is overly frequent is a matter of fact to be determined by the court on a case by case basis. There is no hard and fast rule as to what will in every case, numerically at least, constitute conduct which is overly frequent.
“Repeatedly” means “many times over”, specifically more than once or twice. The conduct must be overly frequent in all the circumstances. Whether the conduct is overly frequent is a matter of fact to be determined by the court on a case by case basis. There is no hard and fast rule as to what will in every case, numerically at least, constitute conduct which is overly frequent.
What type of conduct will meet the definition of criminal harassment?
“Harassment” means the conduct must be unwelcome to the complainant, and includes an element of tormenting the complainant; engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment must be something more than simply annoying someone.
“Harassment” means the conduct must be unwelcome to the complainant, and includes an element of tormenting the complainant; engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment must be something more than simply annoying someone.
How does the court assess whether the complainant’s fear is “reasonable”?
The test for reasonable fear on the part of the complainant involves an inquiry into whether a reasonable person, in the particular circumstances of the complainant, would fear for his or her safety or the safety of anyone known to him or her. In considering whether the complainant’s fears are reasonably held, the court must take into consideration the complainant’s gender, and the history and circumstances surrounding the prior relationship between the accused and the complainant.
The test for reasonable fear on the part of the complainant involves an inquiry into whether a reasonable person, in the particular circumstances of the complainant, would fear for his or her safety or the safety of anyone known to him or her. In considering whether the complainant’s fears are reasonably held, the court must take into consideration the complainant’s gender, and the history and circumstances surrounding the prior relationship between the accused and the complainant.
What are the penalties for criminal harassment?
A person convicted of criminal harassment could face up to 10 years in prison. A conviction for criminal harassment may also lead to a criminal record, fines, probation and/or a restraining order being placed against them not to contact the victim of the harassment. In some cases, it is possible to avoid jail and a criminal record even if a person is found guilty of criminal harassment. The nature of the offence and the personal circumstances of the offender will be considered by the judge at the sentencing hearing.
A person convicted of criminal harassment could face up to 10 years in prison. A conviction for criminal harassment may also lead to a criminal record, fines, probation and/or a restraining order being placed against them not to contact the victim of the harassment. In some cases, it is possible to avoid jail and a criminal record even if a person is found guilty of criminal harassment. The nature of the offence and the personal circumstances of the offender will be considered by the judge at the sentencing hearing.
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