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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69270
Experience:  Over 5 years in practice
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I have a question relating to the well being of my sister.

Customer Question

I have a question relating to the well being of my sister. She has been falsely accused of stalking by someone who actually does stalk her via proxy, as well as harasses her really viciously. She is afraid of that person. She has spoken to the police, where she was told that she should sort things amicably by means of conversation. Problem is that person is not willing to have any conversations, and I have actually seen many examples of really mean text messages and emails from both the harasser and his proxies. Is there anything she can do? She doesn't believe she can anymore, and I can see that it is affecting her in a devastating way.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Just get her provider to block his number from her phone. They have adapted most models to allow that. Then she will not receive any more telephone contact.
You can also do that with other social media mediums like Facebook, Twitter etc.
In terms of the police, they either will not act because it does not amount to an offence or just basically because the other person got in first and made the first allegation. Some people understand only too well that the first person to call the police will generally become the victim for no other reason than that they made contact first.
She could always seek an injunction but I wouldn't suggest it. It is expensive to do that and if the police will not even issue a harassment warning then probably she would lose at court and she doesn't want to end up paying his costs.
She can also always change her number. There shouldn't be any cost in that.
Can I clarify anything for you?
Customer: replied 1 year ago.

She has already changed her number, but what the proxies do now is they are calling her at work. Social media is also not doable, because she maintains LinkedIn account for example, and that for the sake of her career has to remain open.

She is pregnant now, and this whole situation is affecting her health in a really bad way. Is there absolutely nothing she can do?

Expert:  Jo C. replied 1 year ago.
Yes, I wasn't suggesting she should close it. Just block them. LinkenIn do provide options to bring an end to unwanted contact.
If the police are not willing to even issue harassment warnings then I am afraid that tends to suggest that the report she made either lacks merit or does not amount to an offence. Usually they throw them around like confetti.
Customer: replied 1 year ago.

I certainly wouldn't think she has no merit. If someone threatens you to pretty much make your life a hell for the rest of it. Calls you names (and I'm not talking soft words here) and even threatens to come to you when you will be giving birth just to aggravate you, that's not without merit.

What can she do to actually make it clear to the Police that it is serious?

She has tried to be calm, then she tried normal adult like conversation and nothing happened.

Expert:  Jo C. replied 1 year ago.
You cannot force the police to act if they refuse. They still retain a right to make that decision. Sometimes they do refuse without merit but not with harassments. Usually they are over zealous if anything at all.
If she is genuinely being threatened then there is no point in a conversation at all.
If she has already blocked him and changed her then there should be no furhter contact.
Jo C., Barrister
Category: Law
Satisfied Customers: 69270
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

It is not that they refused, they suggested conversation, but that is not possible, since she has been told she's stalking him, she doesn't want to approach him.

Unfortunately it's not only him, but also his girlfriend, girlfriend's sister and frankly GF doesn't seem stable to me. She has been texting my sister and did it from various different pay-as-you-go numbers. My sister blocked every single number of those, but she keeps getting new ones. This is ridiculous...

I am worried because my sister is pregnant and all these vicious calls endanger her well-being. There has to be something to stop these people!

Expert:  Jo C. replied 1 year ago.
No, I understand but the reality is that if they suggested conversation then they refused to act.
The girlfriend probably isn't stable. Why would a stable woman get involved in this?
Ultimately, if these are different people then that is not harassment unless it is going to be put on the basis that he is instructing others to act.
The other alternative is to change her phone number.
Customer: replied 1 year ago.

Like I said before changing mobile number is ***** an option reason:

She's being called on COMPANY numbers, and these not only will not be changed, but also can't be limited due to the line of her job, she's liaising with contractors, so many "alien" numbers will call her.

So in essence she can't file for a harassment, is that what you are telling me?

Expert:  Jo C. replied 1 year ago.
Not if it is contact from a large number of people but not repeated by any one person.
You could argue that they are all acting at the direction of one person and so that is indirect contact but unless there is some clear evidence of that it isn't usually fruitful.
Customer: replied 1 year ago.

It is repeated. Three persons are contacting here, mostly the GF and BF. Sister occasionally, and we're not bothered with her really.

And it is repeated. Almost daily. Nobody can withstand this type of abuse and stay healthy! Especially not when pregnant.

What kind of evidence is needed?

Expert:  Jo C. replied 1 year ago.
In that case, that is the basis of a harassment allegation. Truth is that I don't know why the police are refusing to act. It is very rare. All I can tell you is that you cannot force them to act.
She could sue them. She will have to bear the cost. I would tread very carefully before acting though. If the police are refusing to act then there is probably a fairly large problem with the evidence.

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