ext_58999 ([identity profile] major-clanger.livejournal.com) wrote in [personal profile] la_marquise 2012-09-19 11:08 pm (UTC)

Yes, although how this played out would depend on what SS had done and what remedy IP wanted.

The Protection from Harassment Act 1997 defines harassment as a course of conduct (two or more separate instances) of behaviour that alarms or distresses the victim, that the perpetrator knows would alarm or distress the victim, and which a reasonable person would consider to be likely to cause alarm or distress.

Unusually, PHA 1997 creates both criminal and civil liability. Harassment can be dealt with as an offence, punishable by fine, community order or imprisonment. It can also form the basis of an application for an injunction, by which a court orders the harasser to desist on pain of contempt of court (and possible prison).

It might be possible for IP to get an injunction against SS prohibiting him or her from approaching IP or contacting IP by phone, text or email. Conceivably, if SS's proven pattern of behaviour was bad enough, IP might seek an injunction excluding SS from conventions, or at least conventions that IP was attending, although I can imagine serious practical difficulties with this.

These are all rather dramatic options but in my view if person A is making person B's attendance at conventions so unpleasant as to potentially stop B from going, then B may well be entitled to legal recourse against A, irrespective of whether the convention committee intervenes.

(As a legal aside, SS's misconduct might also lead to IP making a complaint to the police of sexual assault, s.5 public order act offensive language, or s.127 Communications Act offensive or menacing communications. If a conviction resulted from any such complaint, then IP could ask the prosecutor to seek a restraining order in the sort of terms mentioned above.)

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