Most people have heard the term “criminal harassment,” but many are not exactly sure what it means, or how serious it can be. Whether you’ve been accused of harassment, know someone who has, or just want to stay informed, understanding the basics can make a big difference.
What Is Criminal Harassment?
Criminal harassment happens when someone repeatedly behaves in a way that causes another person to feel scared, threatened, or unsafe. The repeated behaviour needs can occur in one single incident, but over a longer period.
Here are some common examples of criminal harassment:
- Following someone around in person or online
- Repeatedly calling, texting, or messaging after being asked to stop
- Showing up uninvited at someone’s home, work, or school
- Giving or leaving unwanted gifts or items
- Watching or tracking someone’s movements
- Making threats, directly or indirectly
Even if the person doing these things thinks they are harmless, if the other person feels scared or threatened, and a reasonable person would feel the same way, it could be considered criminal harassment.
How Can You Be Charged?
A charge usually starts with someone reporting the behavior to the police. If the police find enough evidence to believe a crime may have happened, they can lay a charge. The police may contact the individual first and warn them that their behaviour is criminal and to stop. IF the behaviour continues, then charges may be forwarded to the Crown for approval.
Evidence of criminal harassment might include:
- Text messages, emails, or voicemails
- Social media posts or DMs
- Witnesses
- Surveillance video
Police do not need to catch you “in the act” to charge you. They just need reasonable grounds based on what they find during their investigation.
The consequences of a criminal harassment charge are serious. Someone charged with criminal harassment could face restraining orders, probation, a criminal record and even jail depending on the factual circumstances of the offence and the impact on the victim, especially in cases of domestic relationships.
What Should You Do If Police Contact You?
If the police reach out to you about a criminal harassment complaint, follow these simple steps:
- Do not say anything. Lawyer told me not to talk to you. Anything you say can be used against your if charges are ultimately forwarded to the Crown. Take any paperwork the police give you and do not provide any statements or comments without first contacting a lawyer.
- Contact a lawyer. Get legal advice on further steps you should take and your legal rights and responsibilities.
- Immediately cease all contact with the alleged victim. Do not engage as that can lead to further intervention from the police and will make the situation worse.
- Save any evidence you may have. Whether that is text messages, DMs, phone logs, pictures, anything that may come up in the investigation. Do not provide this information to the police.
Criminal harassment isn’t just about stalking or threatening someone, it can include behavior that seems small but happens over and over, especially if it makes someone feel unsafe. If you’re ever contacted by police about this kind of charge, take it seriously and get contact us at Acumen Law for legal advice.
Knowing your rights and understanding the law can make all the difference.