QLD Charged with Stalking and Harassment

[Shane Davis]

I have a female friend who I’m not in a relationship with, but it is sexual. This last week my mother died and we were not getting on well, I sent her many text messages over the 4 days (70, 30, 20, 10 approx). She did respond to some of them, we also caught up in person and doesn't want to see me anymore so went to police and have been charged with stalking and harassment.

Can I downgrade it to AVO? Or does the fact that she did text back and we did catch up count?

The majority of texts were not abusive, more "clingy” as per charge sheet.

 

[Tracy B]

Hi Shane,
I'm sorry to hear about your mother's passing.

As for your question: repeatedly sending someone unwanted text messages is grounds for a stalking charge. Stalking is a form of assault, which is a criminal offence. The content of the text messages, the fact that they were "clingy" and the fact that your mother had recently passed, will mitigate the circumstances and show that you did not intend to threaten your female friend, or cause her any apprehension of harm. This can be a defence to the charge.

An AVO is an order, not an offence. You may receive an intervention order as a result of the charge, but an AVO is not a charge in itself. You can speak with the police, tell them you did not intend to threaten or cause any apprehension of harm in your female friend and offer to make an undertaking to her and court not to contact her anymore, or to only contact her under conditions. Your female friend will need to consent to this.