The Sentencing of Offences Involving Stalking in Scotland: Literature Review

• Stalking and associated behaviours are complex. They can cover a wide range of conduct of varying seriousness and raise questions in terms of meeting the needs of victims, managing risks, reducing reoffending, etc.

• In many cases the victims of stalking and associated behaviours are female and the perpetrators male. Often these offences occur within a context of domestic abuse or violence against women and girls more generally (VAWG).

• Internationally, the literature reveals a wide range of stalking behaviours (including by abusers) that may result in significant harm to victims. Indeed, even seemingly conciliatory behaviours such as messaging an ‘apology’ can surreptitiously be intended to place victims in a state of fear or distress and further coercion or control. In the literature (and perhaps to an increasing extent to the public) such surreptitious behaviours may be known as ‘love bombing.’

• Without context, acts associated with stalking can appear benign. However, the evidence base shows these behaviours can cause victims significant harm and this may even be the intent – reflecting higher culpability on the part of the offender. Thus, the VAWG context of many stalking offences can, depending on the case, have implications for both harm and culpability. Any prospective guidance would have to address this.

• A key utility of a guideline in this area might be in expressing disapproval of offending behaviour. By making it clear (to victims, the public, and offenders) that factors such as VAWG are considered in sentencing, a guideline could fulfil an important communicative aim.