EVE THOMAS - The Law
EVE THOMAS - OneVoice Never Silenced

ONEVOICE NEVER SILENCED

THE HOME FOR ALL BE YOU MAN, WOMAN OR CHILD.  WE ARE HERE TO COCOON, SERVE & PROTECT.

THE LAW

IF YOU REQUIRE SPECIFIC HELP & GUIDANCE OR HAVE BEEN FAILED BY THE CRIMINAL JUSTICE SYSTEM PLEASE EMAIL:

This is for anyone who is a victim of harassment, stalking, cyber bullying, malicious phone calls, texts etc.

VICTIMS KNOW YOUR RIGHTS!

The police have an obligation under Article 2 HR to protect life - always bear this in mind when reporting a crime and if necessary quote it!

IMPORTANT
IF YOUR SAFE ADDRESS HAS BEEN EXPOSED/DISCLOSED YOU MUST RING 999 AND INFORM THE POLICE STRAIGHT AWAY!

Protection from Harassment Act 1997

This Act was passed following concerns that stalking was not dealt with effectively under the existing legislation. The Act does not refer solely to stalking but also covers harassment in a wider sense. The Act states that it is unlawful to cause harassment, alarm or distress by a course of conduct and states that;

A person must not pursue a course of conduct, which:

amounts to harassment of another

He/she knows, or ought to know, amounts to harassment of the other.

There is some anecdotal evidence that the police are more comfortable in bringing forward this law when dealing with issues of cyberbullying. The police have successfully used the Protection from Harassment Act to prosecute for the sending of offensive e-mails through the internet. Such messages will also constitute an offence under the Malicious Communications Act.

REMEMBER THE POLICE HAVE AN OBLIGATION UNDER ARTICLE 2 OF HR TO PROTECT LIVES!

Criminal Justice and Public Order Act 1994

This Act defines a criminal offence of intentional harassment, which covers all forms, including sexual harassment. 


A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he/she uses;

  • threatening, abusive or insulting words or behaviour or disorderly behaviour;

or

  • displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress

Malicious Communications Act 1998/Telecommunications Act 1984

Under this Act it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person. 

Under section 43 of the Telecommunications Act 1984 it is a similar offence to send a telephone message which is indecent, offensive or threatening.

Both these offenses are punishable with up to six months imprisonment and/or a fine.

The Malicious Communications offence are wider ranging, but under the Telecommunications offence, it is likely that the Police will use the former Act to bring a charge.

The Communications Act 2003

The Communications Act 2003 is by far the most recent Act to be passed. Section 127 states that a person is guilty of an offence if he/she;


  • sends by means of a public electronic communications network, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character;
or
causes any such message or matter to be so.
A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another by means of a public electronic communications network, a message that he/she knows to be false,

  • causes such a message to be sent;

or

  • persistently makes use of a public electronic communications network

WHAT TO DO ABOUT IT

Record - as tempting as it is just to delete an abusive message, it is important you keep a record of it. 

Set up a separate folder and store it and if on DM/IM take a screenshot and save that.

Report - the sooner you report it to the Police, the sooner they can investigate and put an end to it. 
Each Police Force now has a dedicated unit for this crime, always ask for someone from that unit to speak to.

Warning - Issue the following warning:
You are harassing & stalking. You are causing fear & distress. Stop.

Do not enter into conversation with an abuser.  

If they contact directly by telephone, calmly tell them that it is being reported to the Police and hang up.

Never give anybody you do not know or trust personal details. eg. Single mum, kids names/ages.


Which are also running a campaign for nuisance calls and text where you can report. PLEASE USE THIS SERVICE if you are receiving unwanted text messages or phone calls. Please click here to be immediately redirected to the Which reporting service.

ALWAYS REMEMBER YOU ARE NOT ALONE!

Abusers will blame you, they will put the abuse on you and make you feel it is YOUR fault! 

IT ISN'T VICTIMS KNOW YOUR RIGHTS - MAKE THAT CALL!
 
BE PROACTIVE NOT REACTIVE!
Eve x