A person found guilty of stalking risks a maximum sentence of three years in prison, or five years in prison if there is either a breach of an order (such as an intervention order or a Family Court injunction), or the individual carried an offensive weapon while stalking.
A person accused with stalking is presumed to have been charged with offensive behavior in the alternative. This implies that if the court determines that the allegation of stalking is not proven but is satisfied that the lesser charge of offensive behavior is established, the individual may be convicted of that crime.
What Are The Different Types Of Stalking?
Stalking behavior is classified into six broad categories: rejected stalker, resentful stalker, predatory stalker, intimacy seeker, inept suitor, erotomania, and morbidly obsessed.
Is Cyberstalking Considered A Crime In South Africa?
South Africa does not have particular legislation dealing with cyberbullying, which would normally be classified as harassment. As a result, victims of cyberbullying must rely on remedies provided by criminal and/or civil law.
Is It A Criminal To Stare At Girls?
Staring at someone in a distressing manner may be deemed inappropriate and unacceptable as social etiquette, but it is not criminal anywhere. However, it might be a violation of sexual harassment statutes or a “outrage of modesty.”
How Do You Establish Harassment?
The defendant has chosen a path of action. The behavior amounted to harassment of another individual. The defendant was aware, or should have been aware, that his actions constituted harassment.
What Does A Victim Frequently Experience When He Or She Is Stalked?
Victims of stalking may feel vulnerable and dangerous, and many report that they are constantly looking over their shoulders. Many victims fear the stalking will never cease, which can rise to emotions of isolation, anger, frustration, melancholy, and hopelessness.