Challenges in Policing Cyberstalking: A Critique of the Stalking Risk Profile in the Context of Online Relationships

O’Shea, Brianna; Julian, Roberta; Prichard, Jeremy; Kelty, Sally F.

doi:10.1007/978-3-030-12633-9_14

Cited by 4 publications

(6 citation statements)

References 16 publications

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“…With regards to the justifications for the non-criminalisation of cyberstalking in Malaysia, the findings confirm the well-known fact that law is perpetually lagging behind technology (Todd, Bryce & Franquire, 2020). Moreover, the findings showed that the preference for a technological solution as opposed to the law when dealing with cyberstalking is in line with recent studies on cybercrimes (O'Shea et al, 2019). Also, the findings revealed that self-regulation or individual responsibility is present, in which computer users need to manage their risks against cyberstalkers and to assume some portion of the blame for their failure to manage such risks.…”

Section: Discussionsupporting

confidence: 84%

Non-Criminalisation of Cyberstalking and Its Impact on Justice for Victims: Some Evidence from Malaysia

Rosli¹,

Hamin²,

Rani³

et al. 2021

IJARBSS

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In the digital era, some real-world crimes have now transcended into cyberspace. Cybercrime such as cyberstalking is one of them and is considered as an emerging threat in Malaysia. Its prevalence in the reported statistics is merely a tip of an iceberg as many cases may not be reported. Cyberstalking may lead to a chain of psychological trauma and more severe crimes such as identity theft, rape, and even murder. However, despite its serious ramifications, the absence of any specific law to curb such criminality is regrettable and glaring in the Malaysian legal landscape. Hence, this paper aims at examining the technological and social factors contributing to such illegality, the rationales for the non-criminalisation and its implication for the victim's sense of justice. This paper adopts a qualitative methodology, of which the primary data is generated from semi-structured interviews with relevant respondents. The data triangulation is obtained from experts at two relevant ministries. The secondary data are the relevant cyber law, the Penal Code, books, academic journals, online databases and library-based sources. The findings revealed that the catalysts for cyberstalking are varied and that such crime has not been specifically criminalised in the Malaysian cyber laws or traditional legal framework. Such a legal lacuna calls into question not only the adequacy of the current law in dealing with such crime but also the availability of legal protection and nondenial of justice for cyberstalking victims as envisaged by the National Cyber Security Policy 2006 and the Sustainable Development Goals No.16.

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Section: Discussionsupporting

confidence: 84%

Non-Criminalisation of Cyberstalking and Its Impact on Justice for Victims: Some Evidence from Malaysia

Rosli¹,

Hamin²,

Rani³

et al. 2021

IJARBSS

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show abstract

“…The third theme showcases how existing assessment (and to a lesser extent safety practices) are perceived to require further amendments to account for the risks of digital technologies. This perspective adds to prior criticism of possible omissions in standardised tools (O'Shea et al, 2019;Robinson et al, 2016) and calls for more needs-led approaches (Women's Aid, 2020). Whilst interviewees often welcomed modifications to, for example, the DASH or their respective service's recording practices, there were concerns that additional items including tick boxes would further complicate the evaluation process.…”

Section: Discussionmentioning

confidence: 87%

‘I feel like we’re really behind the game’: perspectives of the United Kingdom’s intimate partner violence support sector on the rise of technology-facilitated abuse

Tanczer

López-Neira

Parkin

2021

Journal of Gender-Based Violence

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Technology-facilitated abuse or ‘tech abuse’ in intimate partner violence (IPV) contexts describes the breadth of harms that can be enacted using digital systems and online tools. While the misappropriation of technologies in the context of IPV has been subject to prior research, a dedicated study on the United Kingdom’s IPV support sector has so far been missing. The present analysis summarises insights derived from semi-structured interviews with 34 UK voluntary and statutory sector representatives that were conducted over the course of two years (2018–2020). The analysis identifies four overarching themes that point out support services’ practices, concerns and challenges in relation to tech abuse, and specifically the Internet of Things (IoT). These themes include (a) technology-facilitated abuse, where interviewees outline their experiences and understanding of the concept of tech abuse; (b) IoT-enabled tech abuse, focusing on the changing dynamics of tech abuse due to the continuing rise of smart consumer products; (c) data, documentation and assessment, that directs our attention to the shortcomings of existing risk assessment and recording practices; and (d) training, support and assistance, in which participants point to the need for specialist support capabilities to be developed within and beyond existing services. Key messages <ul><li>UK statutory and voluntary support services do not feel well equipped to respond to tech abuse.</li> <li>Shortcomings in documentation and assessment practices make it difficult to estimate the full scale and nature of tech abuse.</li> <li>Tech abuse training and other support mechanisms are needed to amplify the UK sector’s ability to assist IPV victims/survivors.</li></ul>

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“…Preliminary interviews were conducted to initiate a discussion of the investigative process and explore legislation and victim safety protocols in use in each jurisdiction. The procedure for understanding this process was described in detail by O'Shea et al (2019). A total of 23 highly experienced investigators and prosecutors from three Australian jurisdictions participated in the study.…”

Section: Methodsmentioning

confidence: 99%

“…During this study, we found that criminal exploitation of digital technologies is a constant challenge for police (see O'Shea et al 2019).…”

Section: Legislative Challengesmentioning

confidence: 97%

“…Given that cyberstalking necessitates new types of criminal investigation processes, we conducted a four-year study in Australia to determine how police investigate and prosecute cyberstalking cases. This forms part of a larger exploratory study, which is the first of its kind to interview police with high levels of experience in the policing of cyberstalking (see O'Shea et al 2019). The larger study involves preliminary interviews, analysis of reported criminal cases and judges' sentencing remarks, as well as follow-up interviews and participant observations.…”

Section: Introductionmentioning

confidence: 99%

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Mapping Cyber-Enabled Crime: Understanding Police Investigations and Prosecutions of Cyberstalking

O’Shea

Asquith

Prichard

2022

Int J for Crime, Justice & Social Democracy

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Stalking is one of the main types of abusive behaviour facilitated by technology. The purpose of the current study was twofold: to identify the challenges of cyberstalking investigations and prosecutions in Australia and determine how best to investigate these types of offences. A qualitative analysis of four years of interviews, focus groups and participant observations with police departments provides an overview of the cyberstalking investigative process. The findings map out the process from the initial report of the incident to the preparation of the prosecution brief. This analysis positions cyberstalking investigations as an interesting case study in the midst of increased scrutiny about the way that police investigate technology-facilitated abuse.

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Challenges in Policing Cyberstalking: A Critique of the Stalking Risk Profile in the Context of Online Relationships

Cited by 4 publications

References 16 publications

Non-Criminalisation of Cyberstalking and Its Impact on Justice for Victims: Some Evidence from Malaysia

Non-Criminalisation of Cyberstalking and Its Impact on Justice for Victims: Some Evidence from Malaysia

‘I feel like we’re really behind the game’: perspectives of the United Kingdom’s intimate partner violence support sector on the rise of technology-facilitated abuse

Mapping Cyber-Enabled Crime: Understanding Police Investigations and Prosecutions of Cyberstalking

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