What Is The Definition Of Criminal Harassment admin, February 26, 2024April 10, 2024 Understanding Criminal Harassment Clarifying what constitutes criminal harassment In this post we ask ‘what is the definition of criminal harassment?’ Criminal harassment can occur in various scenarios. A spouse separated from their partner will sometimes resort to this type of intimidating behavior. Harassment can also occur in public institutions or in the workplace. Criminal harassment is a serious offense that involves a pattern of behavior intended to intimidate, threaten or harm another person. This behavior can take many forms, including repeated phone calls, text messages, emails or social media messages, following someone, showing up at their home or workplace uninvited or spreading rumors or lies about them. Here is section 264(1) of the Criminal Code of Canada that defines criminal harassment. The full section setting out the penalties on a conviction is reproduced at the bottom of this post. Criminal harassment 264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. Prohibited conduct (2) The conduct mentioned in subsection (1) consists of (a) repeatedly following from place to place the other person or anyone known to them; (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or (d) engaging in threatening conduct directed at the other person or any member of their family. It is important to note that a single incident, no matter how upsetting or offensive, does not typically constitute criminal harassment. Instead, there must be a clear pattern of behavior that demonstrates a deliberate attempt to cause fear or harm. If you believe you are being subjected to criminal harassment, it is important to document the behavior and report it to the authorities as soon as possible. Remember, no one has the right to make you feel unsafe or threatened and there are laws in place to protect you from this type of behavior. Implications and Impact of Criminal Harassment The psychological and emotional effects on victims Criminal harassment is a serious offense that can have lasting psychological and emotional effects on its victims. The constant fear and anxiety that comes with being targeted by a harasser can lead to a range of mental health issues, including depression, anxiety disorders, and post-traumatic stress disorder. Victims may experience a sense of powerlessness and helplessness, as well as a loss of trust in others. They may also develop a heightened sense of vigilance and hypervigilance, constantly on edge and anticipating the next attack. This can have a significant impact on their daily lives, affecting their ability to work, socialize and engage in activities they once enjoyed. In extreme cases, victims may even experience suicidal thoughts or self-harm as a result of the trauma they have endured. It is important for victims of criminal harassment to seek support from mental health professionals, as well as law enforcement, in order to address the psychological and emotional toll of being victimized in this way. Challenges in law enforcement and prosecution Criminal harassment poses significant challenges for law enforcement and prosecution due to its complex nature and the difficulty in gathering evidence. Unlike other crimes that may leave physical evidence or witnesses, harassment often occurs in private settings or through digital means, making it harder to prove in court. Perpetrators of harassment may use tactics to evade detection, such as changing their online identities or using anonymous communication channels. This can make it challenging for law enforcement to track down and apprehend the offenders. Furthermore, victims of harassment may be hesitant to come forward and report the crime due to fear of retaliation or a lack of trust in the justice system. Prosecuting cases of criminal harassment can also be challenging, as the burden of proof is high and there may be limited resources available for investigating and prosecuting these cases. Despite these challenges, law enforcement agencies and prosecutors are working to improve their methods for addressing and preventing criminal harassment, including increasing awareness, providing support for victims, and utilizing technology to track and prosecute offenders. For your options if you are charged with criminal harassment or any other criminal offence see September 4, 2023 post: Charged With an Offence? What Are My Options? Prevention and Response: Taking Action Against Criminal Harassment Educational programs and awareness campaigns In order to combat this issue, educational programs and awareness campaigns have been implemented to educate the public about the signs of harassment and how to report it. These programs aim to raise awareness about the impact of harassment on individuals and communities, as well as to provide resources and support for those who have been affected. By educating the public about the importance of recognizing and addressing harassment, these programs seek to prevent future incidents and create a safer environment for everyone. Awareness campaigns help to reduce the stigma associated with being a victim of harassment and encourage individuals to speak out and seek help. These initiatives play an important role in combating criminal harassment and promoting a culture of respect and safety for all. The role of restraining orders and legal protection In order to protect individuals from being subjected to ongoing harassment, restraining orders can be obtained through the legal system. A restraining order is a court order that prohibits an individual from contacting or coming near the victim. This legal protection can provide a sense of safety and security for the victim, as well as give them the ability to take legal action if the harassment continues. If the perpetrator is convicted of criminal harassment in criminal court, the terms of probation will include provisions that aim to prevent the offence from recurring. Note that if the terms of the probation order are breached, the perpetrator can be charged with Breach of Probation which is a serious criminal offence in itself and carries significant penalties. Section 733.1 of the Criminal Code is set out below. It is important for individuals who are experiencing criminal harassment to seek help from law enforcement and legal professionals in order to obtain the necessary protection. It is critical for individuals to document any instances of harassment in order to provide evidence for their case. By taking proactive steps to protect themselves, victims of criminal harassment can assert their rights and seek justice for the harm that has been inflicted upon them. Failure to comply with probation order 733.1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or (b) an offence punishable on summary conviction. Where accused may be tried and punished (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province. 1995, c. 22, s. 6 2015, c. 23, s. 18 2019, c. 25, s. 298 Responsibilities of institutions and workplaces It is important for institutions and workplaces to take proactive measures to prevent and address instances of criminal harassment. One of the key responsibilities of institutions and workplaces is to create a safe and respectful environment for all individuals. This includes implementing policies and procedures to prevent harassment from occurring, as well as providing training and education to employees on how to identify and respond to harassment. Institutions and workplaces have a duty to investigate and address any complaints of harassment in a timely and thorough manner. This may involve conducting interviews, collecting evidence, and taking appropriate disciplinary action against the perpetrator. It is also important for institutions and workplaces to support victims of harassment by providing them with resources and assistance, such as counseling services or legal support. By taking these proactive measures, institutions and workplaces can help to create a culture of respect and safety and prevent instances of criminal harassment from occurring in the first place. Support channels and resources for victims There are support channels and resources available to help victims cope with the trauma and navigate the legal process. One such resource is victim support services, which offer emotional support, information on legal options, and assistance in accessing other resources. These services can help victims feel empowered and supported as they seek justice. There are also organizations and hotlines specifically dedicated to supporting victims of harassment, providing a safe space for them to share their experiences and seek guidance. It is important for victims to know that they are not alone and that help is available to them. By reaching out to these support channels, victims can take steps towards healing and reclaiming their sense of safety and security. The link to the New Brunswick Directory of Services for Victims of Abuse PDF is set out below: https://www.legal-info-legale.nb.ca/en/uploads/Domestic%20Violence%20Guide-Mar%206%202017.pdf I hope you have found this content useful. If you have questions please ask in the ‘Leave a Reply’ section below. Finally, stay connected to Family Law Woodstock and receive notification when updates are made to the content on this platform. Grant Rayner* *Grant is a member of the Law Society of Ontario. He has permission from the Law Society of New Brunswick to practice as a visiting lawyer with the firm Langdon Law pending the transfer of his membership with the Law Society in Ontario to the Law Society of New Brunswick. If you are separating from your spouse in the Upper St. John River Valley, call Grant at Langdon Law: 506.497.2560. Offices in Woodstock, Hartland and Florenceville-Bristol to serve you. Grant has been in practice for more than 39 years and has the experience, sensitivity and maturity to guide you through this difficult period in your life. Criminal harassment 264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. Prohibited conduct (2) The conduct mentioned in subsection (1) consists of (a) repeatedly following from place to place the other person or anyone known to them; (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or (d) engaging in threatening conduct directed at the other person or any member of their family. Punishment (3) Every person who contravenes this section is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction. Factors to be considered (4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened (a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or (b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a). Reasons(5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision. R.S., 1985, c. C-46, s. 264 R.S., 1985, c. 27 (1st Supp.), s. 37 1993, c. 45, s. 2 1997, c. 16, s. 4, c. 17, s. 9 2002, c. 13, s. 10 2019, c. 25, s. 91 Criminal Law courtpolice
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