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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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I have had a visit from the Police who say that my letters

Resolved Question:

I have had a visit from the Police who say that my letters to a former fiancee, constitute "harassment". Most are Bible verses. Mostly comments and questions.

I do not consider this harassment (there are of course - no threats involved).

What is the definition of harassment.
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I have never heard that postcards or letters can be conseidered as harassment where they do not contain threats.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is she responding to your contact?
Customer: replied 3 years ago.

No

Expert:  Jo C. replied 3 years ago.
Thats a problem I'm afraid.

How many times have you made contact with her?
Customer: replied 3 years ago.

I am not sure at least one e mail per day I would say .


 

Expert:  Jo C. replied 3 years ago.
Thanks.

That is harassment I'm afraid. The contact only has to be such that the reasonable person would consider it amounts to harassment. It does not need to be threatening. There is a separate offence covering threats of violence under s4 harassment.

S2 harassment is just defined as making vexatious contact. More than two incidents are sufficient.

Its fair to say that the harassment legislation is over used by the crown but I'm afraid the reasonable person would consider this amount of contact of this nature without response amounts to harassment.

The fact that its not threatening just goes to mitigation.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 3 years ago.

OK then what is considered as "reasonable" contact with someone who you were close to (in fact we were engaged to be married - hence the shock !)

Expert:  Jo C. replied 3 years ago.
If you were not together at that time then there should have been no contact at all unless she was responding.

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