New Zealand criminal harassment reports more than double in last five years

One expert said increased portrayals of stalking in the media may be contributing to the rise in reports. Photo / File

Reports of criminal harassment, a charge commonly used in instances of stalking, have more than doubled in the last five years.

New information provided to the Herald under the Official Information Act shows criminal harassment reports have grown from 759 in 2015 to 1659 in 2021.

After a dip to 676 in 2016, the numbers grew to 1029 the following year, then to 1071 in 2018, 1238 in 2019 and 1491 in 2020.

From January to September 2022 alone, about 1250 reports were filed.

Sasha*, who is one of the many Kiwis who have experienced harassment and stalking in recent years, said she was not surprised by the increase as she believed people felt they could “get away” with it.

“I always had to have somebody walk me to my car when I finished work, I had to always be aware when I was working, like who was in front of me. I couldn’t walk anywhere by myself,” she said.

“It was crazy to me that he knew what I looked like, so he could come to where I was and sit and watch me, but I wouldn’t be able to tell who he was.”

Harassment covers a range of activities, and is a pattern of contacting a victim in person or online in an unwanted way.

Under New Zealand’s Harassment Act, the behaviour must consist of two or more acts of harassment within 12 months, or an act over an extended period of time.

For criminal harassment, the harasser must also intend to either make the victim fear for their or a family member’s safety, or know their actions are likely to make the target have safety fears.

Women’s Refuge principal policy adviser Dr Natalie Thorburn told the Herald several factors were likely driving the increase in reporting.

“The first is the growing media attention on stalking and on family violence more generally in recent years - the more that media portrayal of family violence moves away from the ‘Once Were Warriors’ kind of stereotype and highlights the often subtle and insidious ways that abuse plays out, the more people can identify abuse within their own experiences,” Thorburn said.

Likewise, Thorburn said the more stalking was specifically talked about as a crime and as part of family violence, the more people had the shared language to name it for what it was and know it could be reported.

Stalking was extremely common for women with abusive partners, who were more likely than not to be stalked as one aspect of the abuse.

“Of Women’s Refuge adult clients, over 60 per cent are stalked by their abusers prior to separation, and over 70 per cent are stalked by those partners post-separation.”

Although Thorburn said stalking was much more common than crimes like strangulation, she told the Herald it was much less likely to be reported, or to result in a charge once reported. And even if charges were laid, this was much less likely to lead to a conviction.

“It isn’t just an irritation, it’s one of the most common precursors to homicide, and even aside from the very real physical risks of harm, it represents a level of harm to victims that is disruptive, demoralising, and incredibly distressing. It’s ultimately an assault against someone’s dignity and freedom.”

In New Zealand, Thorburn said to access a restraining order you needed to prove there had been a series of actions that were disruptive and distressing.

“Applications are simple and relatively low-cost, and don’t usually lead to lengthy and expensive court battles.”

However, if you had been in any kind of family relationship with someone, she said you were not eligible to apply for a restraining order against them, and must instead apply for a protection order.

“To access a protection order, you have to prove that the abuser has already been violent towards you, that you fear for your physical safety, and that a ‘reasonable person’ in the same situation would justifiably feel afraid for their safety.

“It can get expensive very quickly if the respondent decides to oppose it and it goes to a defended hearing, and can lead to litigation that takes years, putting women in tens of thousands of dollars in debt.”

Restraining orders are governed by the Harassment Act, she told the Herald, and protection orders are governed by the Family Violence Act.

The unwanted contact toward Sasha, which she said began in 2014, continues to this day and she said on one occasion he even embarked on a trip across the country to try to get to her workplace.

While police were able to intercept him before he arrived, she said he had continued to contact her despite her efforts to block his numerous online personas and reports to police.

“I worried for a long time, and I think it put me in a fight or flight response for a long time and I think, it just has led me to not feeling relaxed and not feeling at ease as one should.”

Police were approached for comment but were unable to provide a response over the holiday period.

* not her real name