ABSTRACT
It is clear that many stalking cases involve threatening behaviour by the stalker. A recent review of existing American research on threats in stalking indicated that threats occur in up to three-quarters of all stalking cases.38 The extent to which this will constitute a criminal offence is dependent upon whether the threats are explicit or implicit, the substance of the threat and the means by which it is communicated. These limitations are unfortunate for stalking victims, as one of the most common responses to prolonged stalking is that the victim feels threatened, but this is frequently based upon conduct which is not explicitly threatening, but arises from the general situation. In most cases, this will not be actionable in law because of the distinction between the creation of a threatening atmosphere causing a generalised sense of fear and a threat of specific action causing fear that the threat will be carried out.
