In our previous article we briefly discussed the concept of stalking, the behaviours which accompany the commission of the offence and previous statistics with regards to this offence. 

In this article we will briefly mention the provisions of the recently enacted Cyprus legislation regarding harassment and stalking, focusing particularly on the provisions of stalking. The general public need to be made aware of these provisions who have every right to the protection of their physical and mental integrity free from any kind of harassment including stalking.  

What led to the implementation of legislation for the protection from stalking? 

State’s obligations – Republic of Cyprus

The implementation of legislation for stalking in Cyprus was mandatory as Cyprus is a Contracting Party to the Istanbul Convention signatory which obliged Member States to take the necessary legislative measures for the criminalisation of stalking. [1] 

Europe

Implementing legislation regarding stalking was a matter of discussion in some countries, and in 1997 the United Kingdom was the first member state of the European Union (then) which enacted an anti-stalking legislation, with the exception of Denmark as its Criminal Code of 1933 already included a stalking provision (always a step forward). Of course today other countries also enacted such legislation such as the Netherlands, Germany, Ireland, Austria, Italy and Malta. [2]

Harassment and stalking are often used as identical terms, yet they are associated with similar but different offences.

The Protection from Harassment and Stalking Law of 2021 

According to the recently published Law of Protection from Harassment and Stalking Law of 2021 (the” Protection from Harassment and Stalking Law“):

Although the present article primarily refers to legal provisions of stalking  a brief reference will be made regarding the offence of harassment. 

The offence of Harassment

According to the Protection from Harassment and Stalking Law when a person, engages in a behaviour (course of conduct) which causes harassment, whilst that person knows or ought to know that his/her behaviour is causing harassment, is guilty of a criminal offence. [4]

On conviction, such person is subject to imprisonment for a term not exceeding two (2) years or a fine not exceeding five thousand euro (€5.000) or both.*

In case that the above harassment caused consists in causing fear to the victim that violence will be used against the victim and/or against a member of the victim’s family and/or against the victim’s property, the person engaging in such behaviour in case of conviction is subject to: 

imprisonment for a term not exceeding five (5) years and/or a fine not exceeding ten thousand euro (€10.000) or both **[5]

The offence of Stalking

The Protection from Harassment and Stalking Law provides that:

when a person, engages in a behaviour which constitutes stalking and cause harassment,whilst that person knows or ought to know that such behaviour causes harassment is guilty of a criminal offence, and upon conviction,such person is subject to imprisonment with a term not exceeding two (2) years or to a fine not exceeding five thousand euro (€5.000) or to both **[6]

In case the harassment cause, causes fear to the victim:

• that violence will be used against the victim and/or against a member of its family and or against its property or,
• consists in causing serious alarm or distress which has , which has a substantial adverse effect on the victim’s usual day-to-day activities:

the offender, is upon conviction subject to imprisonment for a term not exceeding five (5) years or to a fine not exceeding ten thousand euro (€10.000) or to both, provided that the act is not more severely by the provisions of any other Law in force [7].

What do we mean by the phrase the offender ‘ought to know’?

A person is considered that he/she ought to know that he/she is engaging in a behaviour which is causing harassment, when a reasonable person a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other. [8].

Behaviours which constitute stalking

A behaviour deemed to constitute stalking is:

⚫following another person;

⚫contacting, or attempting to contact, a person by any means;

⚫monitoring the use by a person of the internet, email or any other form of electronic communication or

⚫sending material on social media which relate to the personal life of a victim or interfering with the victim’s internet posts / material ;

⚫obstructing the movement of another person towards or from that person’s home and/or professional place and/or from a public or private place in which that person is frequently visiting through wandering or appearing there in those places;

⚫trespassing the property which is under the possession or ownership of another person or threatening to trespass such property;

⚫surveillance and/or spying another person [9]

Τhe accused person may raise in its defence that:

‣the course of conduct was pursued for the purpose of preventing or detecting crime;

‣the course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment; or

‣pursuit of the course of conduct was reasonable under the circumstances.[10]

Civil court proceedings

In addition to criminal proceeding which may be initiated under the Protection from Harassment and Stalking Law, a person who suffered the civil offence of harassment and or stalking may claim damages from the Court through a civil claim.

The Civil offence of Stalking 

A person engaging in a behaviour which constitutes stalking and causes harassment , whilst that person knows or ought to know that such behaviour causes harassment, is committing the civil offence of stalking [11].

In a civil action for the above offence, the damages which may be awarded by the Court are mainly for psychological harm, suffering, alarm, distress, for damage and/or injury caused due to the committing of the civil offence [12].

When issuing a final judgment, the Court may also impose a restraining order, provided that the claim for a restraining order  is pleaded (reference is made in the Statement of Claim or in any other pleading to be taken into account) [13]. 

In our next article we will be discussing our thoughts regarding the provisions of the above Protection from Harassment and Stalking Law.