The investigation and prosecution of cyberstalking in Australia
Creators: name: O'Shea, Brianna
Publisher: name: University of Tasmania
Year: 2023

description: The role of technology in enabling stalking is a growing area of concern for police. Until recently the primary focus has been on traditional offline stalking, however cyberstalking is an equally serious and harmful problem. Electronic or Internet capable devices are used to harass victims of cyberstalking and their daily routines can be monitored with tracking software, listening devices, 'stalker apps', global positioning systems (GPS) and so forth. Cyberstalkers can covertly monitor current or former intimate partners with very little risk of detection. The purpose of the current study is three-fold: to use the perspectives of criminal investigators and prosecutors to define cyberstalking in Australia, outline any similarities and differences between online and offline stalking, and to explore how cyberstalking is policed across different Australian jurisdictions. Definitional differences have implications on what cyberstalking is and, consequently, how the police respond.This study employs a mixed-methods research design, which is the first of its kind to interview police with high levels of experience in the policing of cyberstalking. The study comprises three phases: (1) preliminary interviews with five police investigators and prosecutors in one jurisdiction, (2) an analysis of 39 reported criminal cases and judges' sentencing remarks in two jurisdictions, (3) follow-up interviews and focus groups with 23 police investigators, prosecutors, digital forensic examiners, and family violence policy officers in three jurisdictions. The findings in this study map out the process from the initial report of the incident to the preparation of the prosecution brief.Key findings of the study indicate that there are definitional, procedural, legislative, evidentiary, and victim safety challenges for police in the investigation and prosecution of cyberstalking. The study notes that the definition of cyberstalking varies across jurisdictions, among relevant stakeholders (e.g., police investigators, prosecutors, digital forensic examiners, policy officers and researchers) and individuals within these groups. Definitional challenges result from trying to capture an exhaustive list of computer or other Internet-capable devices and their associated criminal activities. Procedural challenges stem from the initial reporting stage of cyberstalking investigations, and accurately recording a pattern of behaviour and not isolated incidents. Whereas legislative challenges reflect the need for adaptation to new technology under existing frameworks. Several evidentiary challenges are present in the investigation and prosecution of cyberstalking including difficulties of social media companies and Internet service providers not cooperating with police, and the subsequent impact of police relying on evidence gathered by victims. Victim safety challenges show signs of rushed implementation of proactive policing measures.Additionally, the study reveals that the majority of cyberstalking cases are perpetrated online and offline, and that even those cases that appear to be wholly online include situated aspects of the offending. Iterative and reflexive mapping should be adopted for cyberstalking investigations to facilitate continuous risk and safety planning online and offline. The court records in multiple jurisdictions indicate that 91% of cyberstalking is perpetrated by a current or former intimate partner. Court records also indicate that the majority of cyberstalking offenders are men (93%), and that most victims are women (87%). In the remaining 13% of cases, up to four victims are reported, which include a combination of both men and women.This analysis positions cyberstalking investigations as an interesting case study in the midst of the National Summit on Women's Safety in Australia, and increased scrutiny about the way that police investigate technology-facilitated abuse. On the basis of the findings in this study it is suggested that police departments consider training frontline officers on technology-driven changes to criminal behaviour as they are responsible for taking the initial report and collecting evidence. The role of police education is pivotal as police understandings of technological advancements differ between pre-digital ('digital immigrants') and post digital ('digital natives'). Overall, to address reoccurring problems (here: cyberstalking) this study is supplemented by an in-depth longitudinal program evaluation highlighting the need to enhance police-academic partnerships.