The purpose of unlawful stalking laws and the rationale for state coercion

Stalking usually occurs as part of a concerted effort by the perpetrator either explicitly or implicitly to make their victim(s) aware of the presence of the stalker.[1] Most of the stalking related cases that have arisen in Queensland since the enactment of anti-stalking legislation have occurred where the victim was aware of such actions by the perpetrator. As such the question whether the victim is required to know they are in fact being stalked, has not arisen in many of these prosecutions. To illustrate the types of conduct that might typify acts of stalking, one needs look no further than the case of R v Ali which involved one party who perpetrated a range of acts over a period of 18 months that culminated in a conviction of stalking and a sentence of three years jail, pursuant to s 359B(d).[2