Stalking

Debate between Stella Creasy and Elfyn Llwyd

Thursday 21st November 2013 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is pleasure to serve under your chairmanship, Madam Deputy Speaker, for the first time, and I hope it will not be the last.

I rise to speak about a particular issue that follows on from what the hon. Member for Witham (Priti Patel) said about the need to hear victims’ voices in this debate as we evolve the way in which we address stalking within our society. I shall speak about my personal experience of these issues. I thought long and hard about whether it was appropriate to do so and came to the conclusion that it was—even though some might accuse me of abusing my position as an MP in putting these issues to Ministers—because of the concerns I have as someone currently experiencing some of these behaviours.

Before I do that, I want to add my personal tribute to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd)—[Interruption.] The right hon. Gentleman says “10 out of 10” from a sedentary position, so I thank him for that. I am in awe of the work he has done through the independent inquiry into stalking. I add my heartfelt thanks, too, to people such as Harry Fletcher and Laura Richards for their work. In three short parliamentary years, we have seen a powerful advocacy process, with the independent inquiry and changes made to the law. That has, for me, been phenomenal. It is a test for all of us to see whether we can match that.

A year ago, when I was part of the shadow Home Affairs team, I was honoured to work on the changes to the legislation. Never in a million years did I think I would have to know the details of this legislation so thoroughly to deal with something that was happening to me. I was particularly struck at the time by the importance of bringing the victim’s voice into these issues and the need to create an offence in legislation that looked not at the particular behaviours of the offender, but at the experience of victims and the impact the offence had on them.

I was struck by what my hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne)—only nine out of ten for my pronunciation this time—said about obsession, how society should regard the impact of one person fixating on another and what that might mean for the people involved. Impact matters because much of our criminal justice system nowadays is about watching and waiting. The hon. Member for Witham spoke about that, too—that we can see that someone might be at risk, yet we look for escalation. The impact on an individual changes that conversation. The individual voice needs to be heard not just in sentencing, but in the prosecution, in trying to address these issues and trying to understand the risk that someone might face. Having spoken to victims of a whole range of different types of stalking, I know just how important it is for their voice to be heard. A lot of stalking is about control; it is about silencing someone. It is crucial that we now have legislation that makes victims’ voices part of the prosecution process.

Like many other Members today, however, I am concerned that, a year on, we may not be making as much progress either in prosecuting or in changing the culture, which is what the legislation was designed to achieve, so I want to add my voice to those encouraging the Minister to look at not just what he can do with the police, but at what can be achieved by colleagues across government in dealing with some of these challenges.

Before the legislation was drafted, figures suggested we were looking at about 120,000 cases a year, but I agree with my hon. Friend the Member for Ayr, Carrick and Cumnock that that understates the amount of pressure and the number of cases that need to be dealt with. I agree, too, with the comments of the right hon. Member for Chesham and Amersham (Mrs Gillan)—I am sorry she is no longer in her place—about learning the lessons from Scotland and using this legislation, now that we have it, to prosecute people effectively.

The work of Paladin is truly transformative. I encourage the Minister to go and sit with Paladin, to listen to the cases, go through them and hear about the experiences people are having, now that the legislation is enacted. It is not just the volume of cases that is important because we need to be able to address the different kinds of issues and different kinds of behaviour that come up and their impact on victims.

I would particularly encourage the Minister to sit with the independent advocates. I have worked with one of those advocates not just in supporting victims of stalking generally, but in respect of my own case after my experiences. I cannot over-emphasise how important it is to have such a person with you. However strong someone is, this kind of behaviour is distressing; it is designed to take out of people the fight and the fortitude that might help them to deal with the problem themselves. The independent advocates are vital. We have been talking about the work done by Harry and Laura and others with the legislation, but we also owe them a debt of gratitude for putting in place a support process for victims. We must ensure our police are able to work with that, and Members have highlighted the low take-up of police training on these issues. It is crucial that the police understand the new legislation and how to enforce it.

I must tell the Minister that my personal experience of this and my experience over the summer of trying to support people who were being victimised online has been very mixed. That is reflected in the conversations I have had with the police and those in the criminal justice system; there was a lack of awareness about the powers they now have and the nature of this crime, such as the concepts of escalation and control and how to respond to them. I am talking here about practices such as treating incidents in isolation, issuing lesser cautions, and minimising behaviour rather than addressing it and thereby keep victims safe. That lack of training leads to a lack of understanding of just how serious this issue can be.

I must also put on record my concern about the increasing evidence that police forces are moving away from the DASH—domestic abuse, stalking and honour based violence—risk assessment in respect of domestic violence. I am exceedingly troubled by that as a constituency MP who has used that assessment method myself in working in particular with women who are victims of domestic violence. As somebody who has been a victim of stalking in a non-domestic violence case, I am also concerned about the lack of training and understanding of what such behaviour could mean.

I have spoken previously about Caroline Criado-Perez receiving 50 rape threats an hour. We did not know whether they were coming from one person, 50 different people or several different people. Each incident would require a different level of risk being applied based on the person involved. I have to be honest with the Minister: an understanding and comprehension of that range of scenarios was not there within the police force. I believe this kind of training will help police forces understand the different levels of risk people might be facing, and help to prevent, rather than just monitor, these offences.

I also recognise that the training of the police is only 50% of the story. I am deeply distressed by the delay in the CPS picking up this issue and understanding its role in making sure this legislation is effective.

[Mr Llwyd]

The hon. Lady is making a powerful speech, and it is very interesting to hear her personal perspective.

This morning I was interviewed on a radio programme. The interviewer said, “Well, let’s be fair: it’s only been 12 months since the law’s come in, so you can’t really expect the police to be au fait with it just now.” I replied, “When I was a law student we were expected to know new laws within a month of their coming in, so that’s no possible excuse.”

[Stella Creasy]

I agree with the right hon. Gentleman and he will have heard the voices of other victims. People have said to me, “The only reason there is police interest in your case is that you are a high-profile person.” I think that is an honest assessment, and I have said that that should not be why there is interest in any case.

We heard from the family of Clare Bernal and the Clough family during the inquiry, and Sam Taylor, who was a victim of stalking, is an amazingly inspiring woman for her fortitude in dealing with this. The police need to understand the range of behaviours and identify the different types of risk people face.

I will talk about online activity shortly, but first I want to point out that victims must also be asked about what they think should happen. When people are under this sort of pressure, we should not flinch from saying that the impact on the victim is paramount. Therefore, if someone is distressed, that is reason enough for the police to act and the CPS to be involved.

We also recognise that insufficient resources are put into this. There is a fear that we might open the floodgates, but if there are floodgates to be opened, we need to address that. That is one of the challenges we face.

I feel I can add a little insight in terms of online forms of behaviour, and I am very mindful of the fact that 50% of stalking cases involve both online and offline behaviour. That is part and parcel of modern life because we now spend our lives both online and offline. Our freedoms are involved in that, too, and, as I have said, stalking and harassment is about curtailing people’s freedoms and inciting distress in them, and therefore making it impossible for them to lead their lives as before. I direct the Minister to the work of Claire Hardaker, at Lancaster university, who is trying to understand online harassment and stalking. She was recently commissioned to do such research, and it would send an incredibly powerful message if the Home Office looked at it.

In my own case, the difficulties the current legislation has in dealing with the world online became powerfully obvious. The legislation refers to a “course of conduct” or a consistent type of behaviour, and the question is whether the same metrics for that course of conduct can be applied to the online and offline environments. When the Opposition were scrutinising the legislation, we tried to get the Government to think about a list of types of behaviour that we, the CPS and the police might be looking out for, because we recognised that as life evolves and people have a life online and a life offline it is important to ensure that we are not missing particular types of behaviour.

Although the legislation refers to sending e-mails, it does not even begin to deal with the very different types of behaviour that occur in the social media that are now so much part of the modern world, such as the ways in which and ease with which people can be contacted, and the ways a victim can express concern and displeasure about the messages they are receiving and behaviour they are experiencing. My concern is that the attempt is being made to apply the “course of conduct” test to the online and offline worlds in a similar way. There is the sense that if someone is experiencing serious alarm or distress online, it is somehow less serious. Instead, we need to understand that, if that person is experiencing such pressure, and if it is coming from someone whom they have told—whether online or offline—they do not want to have contact with, we should not see it as being any different.

The course of conduct deadlines need to be updated for both the CPS and the police, so that the different ways in which the online world works are recognised. One example is the different time periods relating to a course of conduct. Offline, we might be talking about a contact period of days or even weeks; online, an hour is a long time. Both Caroline and I experienced people setting up accounts in order to send us rape and death threats, causing us harassment and severe distress. We publicly said that this was causing us severe distress, and they had their accounts suspended, although they started new ones. However, the question whether each incident is seen as a separate course of conduct, or something that took place over the course of an hour, cannot be dealt with under the current legislation. That example makes a powerful case, which my right hon. Friend the shadow Home Secretary has also made, for cyber-awareness within the police force—for understanding that these are the ways in which online behaviour works.