Your Rights Under the Protection Harassment Act 1997

Harassment can cause alarm, fear and distress. Many people who are the victims of any kind of harassment can end up becoming ill, both mentally and physically, as a result. It will almost certainly lead to increased stress which can have a major impact in raising blood pressure which can then result in other physical ailments, many of which can be serious and even life-threatening.

It can lead to insomnia, anxiety and depression, poor concentration and can dramatically affect your self-confidence and self-respect. It can also often lead victims to excessive intakes of alcohol or drugs to try to alleviate the problem which will, ultimately, only make matters worse.

The Protection From Harassment Act 1997

Under this Act it becomes a criminal offence if you:

• Cause alarm, harassment or distress more than once as a result of an action you conduct against another person. The conduct might be verbal or non-verbal and it doesn’t have to be the same type of action on each occasion – if the person feels alarmed, harassed or distressed by your actions, then it’s harassment, plain and simple, even if that was not your intention
• Take any kind of action against another person which causes a fear of violence. This must happen on at least two occasions and the conduct by the alleged offender must be aware, or ought to be aware, that their actions were likely to induce a fear of violence in the other person

Civil Injunctions

The Act also permits you to take out a civil injunction against the alleged offender as a right to protection and possible compensation in cases where a criminal prosecution isn’t appropriate or there is insufficient evidence to pursue a criminal case. This can be very useful as it’s often a civil injunction being put in place which will prevent the alleged offender from persisting with the behaviour.

Police Assistance

If you feel you are at immediate risk of violence as a result of harassment, then you should call the police as, under the Criminal Justice and Police Act 2001, they can force the alleged offender to leave the vicinity of your home or the location where you might be at the time and they have the powers of arrest if the alleged offender fails to comply with this order.

Dealing With Stalkers

Harassment isn’t always about people wanting to cause harm to another. Sometimes, it’s completely the opposite. People who might have a strong admiration and perceived ‘love’ for another person can end up becoming so obsessed that they might end up stalking you. This doesn’t necessarily mean just following you around or calling you on the phone, it would also include where they are writing to you persistently and/or sending you unwanted gifts. And, should this be the case, then they are also guilty of causing harassment for which they can ultimately be prosecuted.

Therefore, whether it’s the intention of the alleged offender to cause harm by their harassment or not, or even if they’re unaware they might be causing alarm or distress, it is still an offence under the Act.