Stalking and Baby Reindeer: Our Expert View

May 24, 2024, By Slater Heelis

Detective Culver:         Ms. Scott does not wish to take any action against you.

Donny:                               Against me? What the h***? She’s… she’s… she’s stalking me.

(Baby Reindeer, Episode 6)

Since its release in April, Netflix’s Baby Reindeer has amassed more than 60 million views and shined a particularly glaring spotlight on the impact of stalking.

In the programme, aspiring comedian Donny Dunn is harassed and stalked by Martha Scott after meeting her in the London pub where he works as a bartender. The drama is punctuated by Donny’s internal monologue, which helps to convey the emotionally confounding and traumatic nature of stalking in the modern era, where technology is also seen to play a central role.

Although historically stalking would involve a victim being followed or pursued physically, Baby Reindeer demonstrates the pervasiveness of ‘always on’ technology (emails, voice messages, smartphones – whether they might or might not be iPhones – social media, and voice-recording software all feature) and its darker side in facilitating and enabling forms of stalking that until recently did not exist.

Is there a legal definition of stalking?

Relevant statutes (specific laws made by Parliament) give examples of the kinds of behaviour that are associated with stalking.

These include:

  • Watching or spying on someone
  • Following someone
  • Contacting someone
  • Monitoring someone
  • Loitering in a place (this could be a public or a private place)
  • Interfering with someone’s property

Stalking also involves a ‘course of conduct’, which essentially refers to there being two or more incidents.

Is stalking against the law?

Yes, and specific stalking offences have existed since 2013. Offences relating to harassment, domestic abuse, and controlling and coercive behaviour are also likely to be relevant in many circumstances.

What legal protection is there?

In England and Wales there are a number of relevant protective court orders that can be applied for, depending on your relationship (if any) with the stalker. The key effect of the majority of these types of protective orders is that a breach will typically amount to a criminal offence.

If you are being stalked by your ex, your partner, someone you have been in an intimate relationship or cohabited with, or by a family member (including in-laws and step-relatives), then you will be able to apply for a ‘non-molestation’ order against that person in the Family Court. Again, should that person breach such an order, then this would amount to a criminal offence.

Non-molestation orders are often made during or following the breakdown of a relationship (including divorce), where a person requires the court’s protection. They will typically include requirements such as not going to certain places or being within a certain area of the person applying for the order (known as the applicant). They can also help protect your children. It is also really important to ensure that a non-molestation order is provided to your local police station (or such other police station that the court might specify).

Returning to Baby Reindeer, although a relationship of sorts arguably develops between Donny and Martha, it is not one that would enable Donny to apply for a non-molestation order in the Family Court.

However, similar orders are available where an application for a non-molestation order is not possible. These include civil injunction orders (AKA a restraining order) if you have been harassed by another person. A key advantage of a non-molestation order (‘NMO’) over this type of restraining order is that a breach of an NMO does not require a separate application for an arrest warrant: I.e., a breach of a non-molestation order is itself an arrestable criminal offence, and action can be taken immediately.

What can the police do?

Aside from arresting stalkers with a view to criminal proceedings being brought against them, the police also have considerable powers to apply for protective orders on your behalf in certain situations. Stalking protection orders (‘SPOs’) would be the most relevant to Donny’s situation, though they have only been introduced relatively recently in January 2020 – well after 2015 when Baby Reindeer is set.

SPOs were introduced with a view to early police intervention ending stalking behaviour at the earliest opportunity. Although the applications are made by the police, the orders are civil (not criminal) in nature. The terms of SPOs are similar to non-molestation orders and restraining orders, and will also be recorded on the Police National Computer. Interestingly, recent statistics show a discernible North/South divide for the 2020 to 2021 period in terms of the number of SPO cases recorded:

  • South East:     89
  • South West:    40
  • London:             65
  • Midlands:         47
  • Wales:                2
  • North West:    27
  • North East:      14

Further Help

Stalking and domestic abuse can be perpetrated in very subtle ways. This does not mean that it is any less harmful than ‘obvious’ abusive behaviour. Though it has taken a long time, the law is now more attuned to the fact that abuse takes many different forms, including financial, emotional, and psychological abuse, as well as controlling behaviour.

Partner and Head of our Family Law team, Mark Heptinstall, comments:

‘We are specialists in obtaining protective orders through the Family Court, and helping our clients through incredibly difficult situations alongside their support networks. We are also familiar with and can help refer you to specialist domestic abuse organisations and charities.’

If you, a family member, or a close friend have experienced domestic abuse and would like to know about your legal options, please do not hesitate to contact us through our online form or call 0330 111 3131.

In an emergency

Call 999 if you or your children are at risk of immediate harm.

If you feel it would be unsafe to speak and are calling from a mobile, you can make use of the ‘Silent Solution’ which allows the police to listen and respond to the call. To do this, call 999 and wait until you hear an automated message that starts with ‘you are through to the police’. The operator will remain on the call and listen during this time. If you then press 55, they will be notified and transfer you to the police.

Domestic abuse and stalking organisations