Session One - Case Studies

Case Study 1

Mr. and Mrs. V. divorced last year. On a number of occasions this year Mr. V pestered Mrs. V to go out with him and speak to him. Early in the morning and late at night he called on her at her house and also at her place of work, making a nuisance of himself to her the whole time. However, in contrast to what had happened during the marriage, he committed no acts of violence. He knew she was frightened of him. There was evidence from the wife's doctor that the husband's pestering had affected the wife's health.

Questions

1. Do Mr. V's actions amount to molestation?

2. Is Mrs. V entitled to an order?

Issues

• Will one act suffice or does there have to be repetitions?
• What kind of timescale should the court be looking at with regard to the acts that are purported to form the harassment.
• Does the court have to determine risk?
• Health includes physical or mental health
• Free of severity - depends less upon its intrinsic nature than upon it being part of a pattern and upon its effect on the victim

Tutor Notes

Based on the case of Vaughan -v- Vaughan (1973) 3 All ER 449. The pestering of the wife did in the circumstances amount to molestation.

Case Study 2

Miss W and Mr. J's relationship ended acrimoniously during last year. A few months later photographs of Miss W in a partially nude state appeared in the national press. Miss W said the photographs had been taken by Mr. J during a period when they had a relationship. Miss W had not given permission nor had prior knowledge of their publication until after the event. The only person to have access to the photos is Mr. J.

Questions

3. Is this molestation?

4. Is Miss W entitled to an order?

Tutor Notes

Based on Johnson -v- Walton (1990) FLR 568

"The word 'molestation' did not imply necessarily violence or threats of violence, therefore it applied to any conduct which could properly be regarded as such a degree of harassment as to call for the intervention of the court."

Issues

1. Will one act suffice or does there have to be repetitions?
2. What kind of timescale should the court be looking at with regard to the acts that are purported to form the harassment.
3. Does the court have to determine risk?
4. Health includes physical or mental health
5. degree of severity - depends less upon its intrinsic nature than upon it being part of a pattern and upon its effect on the victim

Case Study 3

Mr. and Mrs. H separated last year. The husband had been behaving in a very peculiar manner prior to the separation, and had indeed on occasion been physically violent to his wife; but since then he had been harassing her in all kinds of ways; handing her threatening letters, intercepting her on the way to the station and so on; the kind of conduct which makes life extremely difficult.

Questions

5. Is this molestation?

6. Is Mrs. H entitled to an order?

Tutor Notes

Based on Horner -v- Horner (1982) 2 All ER 495

'Molesting' covered harassment falling short of violence or threatened violence, which nevertheless called for the court's intervention.

Issues

1. Will one act suffice or does there have to be repetitions?
2. What kind of timescale should the court be looking at with regard to the acts that are purported to form the harassment.
3. Does the court have to determine risk?
4. Health includes physical or mental health
5. degree of severity - depends less upon its intrinsic nature than upon it being part of a pattern and upon its effect on the victim

Case Study 4

Mr. J and Miss W lived together as man and wife in a council flat. Mr. J was the father of Miss W's baby girl who lived with them in the flat. Their relationship was marred by violence. Miss W was frequently beaten by Mr. J and subjected on at least two occasions to extreme violence of a horrifying nature. Mr. J. no longer lives at the flat but does visit on occasion.

Questions

7. Is this molestation?

8. Is Miss W entitled to an order?

Tutor Notes

Based on Davis -v- Johnson (1978) 1 All ER 1132

Issues

1. Associated person
2. Relevant child
3. Will one act suffice or does there have to be repetitions?
4. What kind of timescale should the court be looking at with regard to the acts that are purported to form the harassment?
5. Does the court have to determine risk?
6. Health includes physical or mental health
7. degree of severity - depends less upon its intrinsic nature than upon it being part of a pattern and upon its effect on the victim

Case Study 5

Mrs. F and Miss F live in the same property with other family members, including children. For a long period of time they have quarrelled, bickered and fought. The fighting has included throwing things about and bad language.

Questions

9. Is this molestation?

10. Who, if anyone, could apply for an order?

Tutor Notes

ISSUES

• Associated person

• Relevant child

• Will one act suffice or does there have to be repetitions?

• What kind of timescale should the court be looking at with regard to the acts that are purported to form the harassment?

• Does the court have to determine risk?

• Health includes physical or mental health

• degree of severity - depends less upon its intrinsic nature than upon it being part of a pattern and upon its effect on the victim

Case Study 6

Mr. Y and Mr. A have both been married to Mrs. A. Mr. Y is divorced from Mrs. A. Mr. A is separated from Mrs. A. Mrs. A has been making nuisance telephone calls to Mr. A relating to the payment of maintenance.

Mr. Y has been writing offensive letters to Mr. A, who supplanted Mr. Y in Mrs. A's affections.

Mr. A has been pressing his face against the window of Mr. Y's car (with Mr. Y in it) and brandishing papers.

Questions

11. Is this molestation?

12. Is anyone entitled to an order?

Tutor Notes

Issues

1. Concept of associated person
2. Will one act suffice or does there have to be repetitions?
3. What kind of timescale should the court be looking at with regard to the acts that are purported to form the harassment?
4. Does the court have to determine risk?
5. Health includes physical or mental health
6. degree of severity - depends less upon its intrinsic nature than upon it being part of a pattern and upon its effect on the victim

Case Study 7

Mr. M has a large extended family. His children have different mothers, none of whom he has married, but in most cases he had cohabited with the mothers of his children at some stage.

Late last year, Mr. M began having his car damaged, culminating with the car locks being filled with super glue. Mr. M saw one of his daughters, Miss P, running off and believes she is responsible.

Questions

13. Is this molestation?

14. Is Mr M entitled to an order?

Tutor Notes

Issues

1. Associated person
2. Relevant child
3. Will one act suffice or does there have to be repetitions?
4. What kind of timescale should the court be looking at with regard to the acts that are purported to form the harassment?
5. Does the court have to determine risk?
6. Health includes physical or mental health
7. degree of severity - depends less upon its intrinsic nature than upon it being part of a pattern and upon its effect on the victim.

Case Study 8

Miss X and Mr. Y used to live together. Mr. Y knows that Miss X is timid and dislikes answering the front door to unexpected callers. For three months, Miss X has been answering her front door to discover delivery men with goods or services that she has not ordered, e.g. pizzas, flowers, plumbers. Since she told Mr. Y about it, it has stopped.

She has been prescribed tablets by her doctor to help settle her nerves.

Questions

13. Is this molestation?

14. Is Miss X entitled to an order?

Tutor Notes

Issues

1. Will one act suffice or does there have to be repetitions?
2. What kind of timescale should the court be looking at with regard to the acts that are purported to form the harassment?
3. Does the court have to determine risk?
4. Health includes physical or mental health
5. degree of severity - depends less upon its intrinsic nature than upon it being part of a pattern and upon its effect on the victim

Case Study 9

Miss B walks past her former boyfriend's house on her way to work and rings the front door bell before running off. Miss B had been engaged to her boyfriend but broke off the engagement 6 months ago when she discovered Mr. H had installed another woman and her child into his house. The child is 15 years old and studying for exams.

Miss B starts work at 5.30 a.m.

Questions

15. Is this molestation?

16. Is Mr. H entitled to an order?

Tutor Notes

Issues

1. Will one act suffice or does there have to be repetitions?
2. What kind of timescale should the court be looking at with regard to the acts that are purported to form the harassment?
3. Does the court have to determine risk?
4. Health includes physical or mental health
5. degree of severity - depends less upon its intrinsic nature than upon it being part of a pattern and upon its effect on the victim
6. Relevant child.