Although annoying behaviour from a stranger is usually unpleasant, and sometimes even frightening when it comes from an ex, the experience can feel quite different when the frequency of messages increases, new accounts are created after blocking, threats become more specific, or the harasser appears to be tracking your location or following your movements.
While you may be able to identify a pattern by tracking direct messages, unwanted emails, fake profiles, harassing comments, impersonation, and attempts to get in touch with friends and family members, this can take some effort. Knowing what to save, when to report the conduct, and when to take it seriously can make a big difference.
What to Save
Your first thought when you receive a bad message is probably going to be, “I’ll just delete this and block them.” Deleting the message before you block the person might limit your ability to prove what happened in the future.
Save screenshots of messages, along with the username and date/time, as well as posts and profiles. Save emails, voicemails, and text messages. Document new accounts that appear after you have blocked the person.
A helpful way to organize these items would be to create a basic timeline. Write down the times you were contacted, what happened, and other events, such as attempts to contact your employer, friends, or family.
Justice Canada states that, in order to assist investigators of criminal harassment cases, individuals should keep a log of communications with the harasser and retain messages, emails, postings, and other relevant material. Screenshots, phone records, voicemails, GPS data, and other types of electronic data may become relevant as part of an investigation.
Michael Porter, Senior Private Investigator with Haywood Hunt & Associates Inc., says saving the pattern of behaviour is equally as important as saving each piece of evidence.
“People often delete a message or block an account without saving the sequence of events. As an investigator, having a solid timeline of events can be very valuable. Saving screenshots of messages, usernames, dates, phone numbers, emails and documenting repeating patterns can establish how the abuse progressed.”
How Do I Know if Harassment Is Just Annoying Behaviour?
As mentioned previously, harassment is not defined by one event. What determines whether an unpleasant exchange amounts to harassment depends on many factors.
Repeatedly sending messages can become a bigger concern when the person has clearly indicated that they want the messages to stop. Messages about the victim’s home, workplace, or family are significant concerns. Messages that indicate the harasser is tracking the victim’s movements or following them should also be taken seriously.
Criminal harassment under Canadian law can include conduct carried out through telecommunications. Section 264 of the Criminal Code sets out examples of criminal harassment and includes:
- repeatedly communicating with someone;
- monitoring the movement or whereabouts of another person;
- repeatedly following someone;
- engaging in threatening conduct.
Whether a crime has taken place depends on the totality of the circumstances and whether a reasonable person would believe that their own safety, or the safety of anyone else known to them, is being threatened.
Toronto criminal defence lawyer Ahmad Karzai points out that simply because something occurs through a computer does not mean it is less serious.
“Harassment occurring online can develop into a criminal law issue when repetitive communication takes place, monitoring of a victim’s activities occurs, threats are made against a victim, or conduct raises concerns about their safety. All elements of a case must be considered, including what was said, how many times communication took place, and past interactions between the parties.”
Should I Call Police?
If you have received a direct threat of harm to you or others, if you know someone is watching you at your home or place of employment, or if you’ve received multiple messages indicating that someone knows where you live, consider contacting police. If you believe someone’s life is in immediate danger, call emergency services.
You don’t necessarily have to believe that you are dealing with a criminal law issue before you start documenting activity. You can also report certain types of harassment directly to social media platforms.
Some forms of harassment can include repeated unwanted messages, creating fake profiles to impersonate you or your loved ones, or posting damaging information about you online. By reporting this to the social media platform, you are adding to your record and may also help prevent further contact.
In many cases, a single screenshot will not convey enough detail. A message can look very different when viewed separately from the rest of the conversation that preceded it.
Brampton criminal defence lawyer Gurasish Pal Sandhu states that once police become involved in a case, context can become very important.
“If your situation escalates to a point where police get involved, it may be difficult for them to accurately assess what occurred based solely on a few select screenshots. The overall series of messages leading up to the incidents at issue, timing, previous communications between the parties, and actions by the people involved can be critical pieces of information. Taking the time to save the entire conversation may greatly aid in clarifying exactly what transpired.”
Don’t Turn This Into an Online Debate
When you’re mad or scared, it’s easy to respond publicly to someone who has harassed you. Posting screenshots, naming the person, asking your friends to reach out to them, or sending angry responses can lead to new problems.
There may be good reason to stop arguing once you’ve established your boundaries. Continuing the debate can generate more messages and make the original situation harder to understand.
Before deciding how to proceed, review your privacy settings. Check which social media platforms allow others to view your location, workplace, daily routines, and personal contact information. If you suspect someone is tracking your movements, change your passwords and review which devices or apps are sharing your location.
Patterns Are Important
An isolated negative comment and an extended campaign of unwanted contact are two very different experiences.
Patterns can indicate when an ongoing situation is becoming more serious. This may include continued contact after repeated blocking, the creation of new accounts, increasingly specific threats, contact with your friends or family, monitoring of your location or movements, or bringing an online conflict into the real world.
You do not have to determine on your own whether the abusive behaviour constitutes criminal harassment before you begin protecting yourself. Save what is happening. Create a timeline. Report serious threats. Get professional advice when things continue to escalate.
Because messages can seem to come and go quickly online, the impact and the evidence can last much longer.