CPS includes ‘love-bombing’ in prosecution guidance on stalking or controlling behaviours

The Crown Prosecution Service (CPS) says this is where a suspect will intermittently carry out loving acts, for example, sending flowers, between other behaviour to “confuse the victim and gain more control”.

The guidance emphasises the need for prosecutors to “closely scrutinise” the actions of a suspect, who can often take steps to disrupt or mislead criminal proceedings.

Once an investigation is underway, the CPS warns a suspect may then make counter-allegations of abuse, argue their actions were in self-defence, actively mislead the investigation with their behaviour and even apply for non-molestations orders or ask courts to vary restraining orders to exert more control over the victim.

“By looking at the evidence surrounding a suspect’s actions, prosecutors can help inform and support investigators in building a robust case,” says the CPS. “This evidence will also enable an accurate assessment of the risk, so that the necessary support can be put in place for a victim.

The CPS prosecution guidance on controlling and coercive behaviour and stalking or harassment  has been published to coincide with National Stalking Awareness Week.

Chief Crown Prosecutor Kate Brown, national lead for domestic abuse at the CPS, said: “We do not underestimate the impact of stalking or controlling or coercive behaviour on victims who can be forced to change their daily routines, left in fear of their life and totally consumed by this offending.

“Our prosecutors consider all the evidence, including how a suspect’s actions have impacted the victim, to build a picture of their manipulative behaviour and present a robust case in court.

“These controlling offences can quickly escalate and that is why we’re absolutely committed to prosecuting wherever our legal test is met and will always seek out relevant orders to protect victims.

“Bringing offenders of violence against women and girls to justice is our priority and we are working hard to drive improvements for victims of these crimes.”

London’s Victims’ Commissioner Claire Waxman, herself a victim of stalking for 20 years, said: “I welcome this action from the CPS and I have worked closely with them throughout this process to update important prosecution guidance so that we can better identify and help victims who are experiencing stalking or controlling and coercive behaviour.

“This was always going to be difficult guidance to clarify, as we do see similar behaviours of suspects with these offences.

“That’s why it’s critical that this guidance is supported with specialist training for both police and prosecutors to help them better identify the behaviour of suspects, the risk to victims, and ensure the right charges are being applied in these complex cases.”

Ms Waxman added: “As a victim of stalking for two decades, I know first-hand the devastating impact it can have on the lives of victims, friends and family.

“Tragically, as seen in many cases, stalking is only the beginning and can escalate to serious sexual and physical violence and even murder if not identified and dealt with swiftly.

“This National Stalking Awareness Week, I am fully supporting the call to stand together with young people impacted by stalking so that their experiences are understood and they can access specialist support, particularly within schools and higher education institutions. I am also pleased to see a focus on prevention as we know education plays a key role in tackling some of these unwanted behaviours.

“It’s vital that our criminal justice system and our police forces take stalking with the utmost seriousness it requires and provide all victims with the protection, support and services they need, and that offenders are brought to justice swiftly.”

Suky Bhaker, chief executive officer of the Suzy Lamplugh Trust, said: “Stalking is a high-risk crime, underpinned by a fixation and obsession which is relentless in its nature and often encompasses all aspects of victims’ lives posing a serious risk to their wellbeing and safety.

“It is therefore critical that stalking behaviours are correctly identified by criminal justice professionals in order to appropriately manage perpetrators and mitigate risks to victims.

“We look forward to working with the CPS to ensure victims of stalking are protected and can achieve the justice they deserve.”

Under the updated CPS guidance, prosecutors are asked to consider how an offender’s actions have impacted a victim’s behaviour when making a charging decision as people may respond to abuse in several ways.

When assessing the impact of offending, the guidance sets out how prosecutors should look for evidence showing changes a victim has made to their lifestyle.

“The updated guidance emphasises the importance of considering stalking, harassment and controlling or coercive behaviour alongside other available charges, in that order, when dealing with conduct which overlaps these offences,” said the CPS.

“This is because stalking or harassment offences have greater sentencing powers and for stalking there’s also the ability to apply for additional protective orders by way of Stalking Protection Orders.

“For example, monitoring a person’s movement or social media may constitute both stalking and controlling or coercive behaviour, while controlling who they meet and when they leave the house may constitute both harassment and controlling or coercive behaviour.”

The Suzy Lamplugh Trust reports an increasing number of 16 to 24-year-olds contacting its helpline to seek support in dealing with stalking and unwanted behaviours.

But Detective Chief Inspector Dan Thompson, the Metropolitan Police Service’s (MPS) lead for tackling stalking, said only 24 victims under the age of 18, reported stalking offences to the force in the past year.

“This constituted just over 0.3 per cent of all reported stalking offences,” he said. “This supports the view that stalking is misunderstood or under-reported in this age group.

“In this digital age we now see online stalking and I imagine a lot of young people see stalking as ‘real world’ behaviour.

“As this can be an incredibly difficult and anxious time for young people, it is vitally important for our officers to be aware of what stalking can look like in this age group, as it may differ from typical stalking behaviours.”

In the run-up to National Stalking Awareness Week, officers from across London carried out a four-week operation to target 240 named suspects who were wanted for stalking offences. They were either arrested, circulated as wanted or eliminated from inquiries. MPS officers also arrested offenders for breaching Restraining Orders and Stalking Protection Orders.

The MPS says it has seen its detection rates against our highest harm stalking offenders increase to more than 17 per cent.

Throughout National Stalking Awareness Week, specialist officers from the MPS’s Stalking Threat Assessment Centre (STAC) will be delivering training sessions to all safer schools officers, youth engagement officers and cadet leaders to improve their response to identifying stalking in young people.

Through this training, officers are able to precisely identify if the potential suspect’s behaviour is obsessive and fixated, said the MPS.

STAC officers, along with a clinical psychologist will also be delivering stalking awareness training to partners within the CPS. Additionally, in South West London, officers will be holding stalking awareness sessions at local universities to help students understand and identify stalking.

Commander Kev Southworth, head of Public Protection, said: “The Met’s commitment to tackling stalking in all its forms is absolute.

“This last year has seen a significant intensification in all our activities, both Met-wide and with our partners, to prevent stalking, to best protect victim survivors from this awful crime, and to bring offenders to justice wherever possible. To this end, we are actively trialling the use of new, innovative technologies to support our investigators and utilising the full legislative toolkit available to us.

“No one in our communities should be subjected to the appalling experience of being stalked. Given the very high proportion of female victim survivors affected in our city in particular, this area of our policing will also remain a central component of our wider approach to tackling violence against women and girls.

“In short, offenders need to know that whilst help is available to divert them away from fixated and obsessive behaviours, ultimately if they do not desist they will face the full force of the law.”