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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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what is harassment?

Customer Question

what is harassment?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello I am a solicitor with 20 years experience I will try to help you with this.

Customer:

Can you tell me a little bit more please?

Customer :

some one keep sending people to my flat knocking on my door just to annoy me is that harassment?

Customer:

This is the definition of harassment from the leading case of Crrtis ‘To harass as defined in the Concise Oxford Dictionary, Tenth Edition, is to “torment by subjecting to constant interference or intimidation”. The conduct must be unacceptable to a degree which would sustain criminal liability and also must be oppressive. Section 7 of the 1997 Act does not purport to provide a comprehensive definition of harassment. There are many actions that foreseeably alarm or cause a person distress that could not possibly be described as harassment. “Harassment” is, however, a word which has a meaning which is generally understood. It describes conduct targeted at an individual which is calculated to produce the consequences described in s 7 and which is oppressive and unreasonable. The practice of stalking is a prime example of such conduct. It is to be borne in mind that the state of affairs which was relied upon by the prosecution was miles away from the “stalking” type of offence for which the Act was intended. That is not to say that it is never appropriate so to charge a person who is making a nuisance of himself to his partner or wife when they have become estranged. However, in a situation such as this, when they were frequently coming back together and intercourse was taking place (apparently a video was taken of them having intercourse) it is unrealistic to think that this fell within the stalking category which either postulates a stranger or an estranged spouse.’

Customer:

When it refers to section 7 that means to cause alarm or distress. So a course of conduct calculated to cause you alarm or distress would be harassment. Repeated door knocking could certainly count as harassment.

Customer:

I will be away from this site now as I am very tired, But will look in again tomorrow

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