Most dating app matches who lose interest simply move on. Some do not. Repeated unwanted contact, watching your social media or turning up where you are can cross into stalking, and the law that applies depends on where you live. This article sets out the position in England and Wales and in Scotland, and lists support available. It does not cover Northern Ireland, which has its own legislation that is outside the sources read for this article.
England and Wales: the offence of stalking
Section 2A of the Protection from Harassment Act 1997, as summarised on legislation.gov.uk, makes stalking an offence. It requires conduct that amounts to harassment, involves acts associated with stalking, and which the person knows or reasonably should know amounts to harassment. The section lists example acts that may be associated with stalking, including:
- following a person, or loitering in public or private places;
- contacting or attempting to contact a person by any means;
- publishing statements or material relating to a person, or purporting to originate from them;
- monitoring a person’s use of the internet, email or any other form of electronic communication;
- interfering with a person’s property; and
- watching or spying on a person.
On summary conviction, the maximum sentence for this offence is imprisonment for up to 51 weeks, a fine not exceeding level 5 on the standard scale, or both. The section applies to England and Wales and was inserted by the Protection of Freedoms Act 2012, coming into force on 25 November 2012.
Scotland: a separate stalking offence
Scotland’s offence is in section 39 of the Criminal Justice and Licensing (Scotland) Act 2010. It is committed by a person who engages in a course of conduct that causes another person to suffer fear or alarm, either intentionally or knowing it would be likely to cause such harm. The conduct listed includes following the person or anyone else, contacting them by any means, publishing statements relating to them, monitoring their internet use, entering premises, loitering, interfering with property, giving or leaving items, and watching or spying. A “course of conduct” means conduct on at least two occasions, and the victim must actually suffer fear or alarm.
The maximum penalty on indictment is up to five years’ imprisonment, a fine, or both, and on summary conviction up to 12 months and the statutory maximum fine. Police Scotland describes stalking in similar terms: a pattern of behaviour, of two or more actions, that makes you feel fear or alarm or is aimed at doing so, in person, online or both.
What online stalking can look like
The Suzy Lamplugh Trust, which runs the National Stalking Helpline, gives examples of online stalking including hacking into devices and accounts, monitoring or spying through technology, and installing malware and key-logging software. Its advice for reducing exposure includes limiting the information you share about yourself on social networking sites, changing passwords regularly, keeping anti-virus software up to date and varying your routines and routes.
What the Trust advises if it is happening
- Engagement: as long as you feel comfortable, it recommends not engaging with the stalker in any way.
- Records: keep records and save evidence, and talk to people you trust who may be able to help collect further evidence.
- Immediate danger: call the police on 999 if you feel in immediate danger.
- Instincts: if something does not feel right, call the National Stalking Helpline.
Police Scotland’s stalking guidance gives similar evidence advice: record dates and details of incidents, preserve digital evidence such as texts, emails and screenshots, and keep physical items such as letters or unwanted gifts.
Reporting and support in England and Wales
The National Stalking Helpline is free and can be reached on 0808 802 0300. According to the Trust, it offers practical information, support and advice on risk, safety planning and legislation to victims of stalking and to their friends, family and professionals. Its advocacy work includes helping to ensure the police investigate and collect evidence. It is open Monday and Wednesday from 09:30 to 20:00, and Tuesday, Thursday and Friday from 09:30 to 16:00, and its coverage is described as national for victims in England and Wales.
Reporting and support in Scotland
Police Scotland says to phone 999 if you are in immediate danger, and that you can report online through its secure form or by other routes on its crime reporting page. Its stalking page lists Action Against Stalking (0800 820 2427), the Suzy Lamplugh Trust, Scotland’s Domestic Abuse and Forced Marriage Helpline (0800 027 1234) and the Scottish Women’s Rights Centre (0808 8010 789, free legal advice). The Scottish Government’s mygov.scot page also lists the National Stalking Helpline, Victim Support Scotland (0800 160 1985) and Scottish Women’s Aid (0131 226 6606). It notes that prosecution requires at least two incidents causing fear or alarm, and that victims can pursue civil orders such as non-harassment orders after two harassment incidents.
Dating-app specifics
If the person contacting you came from a dating app, screenshot the profile, messages and any new accounts created after you blocked them, and note the platform, dates and usernames. Ofcom, the regulator of online safety, names fake profiles created after blocking and monitoring of a victim’s activity among harassment and stalking risks on dating services, and says the services themselves must handle user reports, so report the account to the app as well as to the police.
The bottom line
Persistent unwanted contact after a dating app match can amount to stalking. In England and Wales it is an offence under section 2A of the Protection from Harassment Act 1997, and in Scotland under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010, with different tests and penalties. Keep a record, avoid engaging if you feel able, call 999 if you are in immediate danger and contact the National Stalking Helpline (0808 802 0300) or Police Scotland for support and reporting.
Sources
- legislation.gov.uk, “Protection from Harassment Act 1997, section 2A (Offence of stalking)”
- legislation.gov.uk, “Criminal Justice and Licensing (Scotland) Act 2010, section 39 (Offence of stalking)”
- Suzy Lamplugh Trust, “Stalking help and advice”
- Suzy Lamplugh Trust, “National Stalking Helpline”
- Police Scotland, “Stalking and harassment”
- mygov.scot, “Stalking: support”
- Ofcom, “Dating and social discovery: know the online safety risks, rules and how to comply”