In Scottish law, stalking is legally defined as a “course of conduct” or a repeated pattern of behaviour occurring on two or more occasions that causes another person to experience fear and alarm. The stalker may have intended to cause this fear and alarm, or they should have reasonably recognised that their actions would result in such feelings. Stalking often occurs within the context of domestic abuse, where a perpetrator seeks to exert power and control over a partner or ex-partner. However, it can also occur in other relationships or situations, such as with friends, acquaintances, colleagues, or even strangers. Stalking can also be a form of honour-based abuse, where perpetrators may include family or community members, that use controlling and intimidating behaviours to enforce perceived cultural or familial expectations. Stalking behaviours can manifest in various forms, including sending unwanted communications (such as texts or emails), following the victim, sending unsolicited gifts, or loitering near the victim's home or workplace. These behaviours aim to intimidate, harass, or exert control over the victim, causing them distress and concern for their safety.
Stalking can affect individuals of any gender, and both men and women can be victims or perpetrators of stalking. However, research indicates that the majority of stalking victims are women, and in many cases, stalking is associated with gender-based violence and domestic abuse. Stalking behaviours may be driven by societal attitudes and norms surrounding gender roles and entitlement, where perpetrators feel entitled to control or possess their victims. While stalking affects people of all genders, it is important to recognise and address the gendered dynamics that can contribute to and exacerbate stalking behaviours.
If you are experiencing stalking behaviour and wish to report it to the police, the Scottish Women's Rights Centre has produced a helpful document outlining your rights when making a report which can be found here.
If you are experiencing stalking and harassment from a partner or ex-partner you can seek advice and support from a specialist domestic abuse services, details of which can be found on the domestic abuse database. Even if the individual is not a partner or an ex-partner domestic abuse services may still offer some guidance and support. You may also wish to consider contacting the National Stalking Helpline for support. The Scottish Women’s Rights centre provide information on legal options to stop stalking and harassment, they have published a legal guide which can be accessed here.