Stalking Legislation

In 2005, the Young Business and Professional Women's Club established a Taskforce to investigate stalking and sexual harassment in the Cayman Islands and recommend legislative action. Their report found that both issues were prevalent and required legal intervention. In response, the Law Reform Commission (“the Commission”) reviewed the matter as part of its work on interpersonal and gender-based violence, examining relevant legislation, defining stalking behaviour and proposing legal remedies to better protect individuals.

The Commission proposed to address stalking through a consultation on two legislative measures:

1. The Penal Code (Amendment) Bill, 2014 to introduce a criminal offence of stalking.

(i) The Bill defined the offence, identified the types of conduct that may amount to stalking, and set out available defences.
(ii) It provided penalties of a fine or up to four years’ imprisonment or both on indictment or a fine of one thousand dollars or up to six months imprisonment or both on summary conviction.

2. The Stalking (Civil Jurisdiction) Bill, 2014 to establish civil remedies for stalking.

(i) The Bill provided for protection orders to safeguard victims.
(ii) It allowed applications on behalf of children and vulnerable persons.
(iii) Breach of a protection order would be an offence.
(iv) The Bill enabled victims to claim damages for anxiety, distress, financial loss or any other matter resulting from the stalking.

Both Bills were informed by legislative precedents from jurisdictions including Australia, Bermuda, Canada, the United Kingdom, New Zealand, and South Africa.

On 29 January 2014, the Commission published a Consultation Paper titled “Stalking Legislation”, accompanied by the Penal Code (Amendment) Bill, 2014 and the Stalking (Civil Jurisdiction) Bill, 2014, seeking public feedback.

The consultation period commenced on 29 January, 2014 and concluded on 21 March, 2014.

After analysing public input, the Commission submitted a Final Report, titled “Stalking Legislation”, to the Attorney General on 5 February, 2015, supported by the Penal Code (Amendment) Bill, 2015 and the Stalking (Civil Jurisdiction) Bill, 2015. 

The Final Report proposed comprehensive anti-stalking laws combining civil and criminal remedies, including compensation, protection orders, counselling, and deterrence.

Both the Stalking (Civil Jurisdiction) Bill, 2018 and the Penal Code (Amendment) (No 2) Bill, 2018 were passed by Parliament on 16 November, 2018, received assent on 17 December, 2018 and commenced on 19 December, 2018.