The Obscenity of Obsessive Stalking

One reads of the phenomena of people becoming utterly obsessed by others, insisting that they have the right to intrude on others' private spaces. Generally, these are people in the public limelight, celebrities, actors who inspire such huge admiration in slightly unbalanced people that they begin to stalk them and only resorting to the law can help ameliorate the situation.

Unfortunately, until someone has committed a violent act, it would appear that simply continuing to be in someone's face, obtrusive, obnoxious behaviour is not considered to be a criminal act. It is a nuisance act, at the very least, a threat to one's peace in middling circumstances and occasionally represents a nascent threat to someone's very survival if the stalker is thus determined.

So deterrents are there, but relatively mild and somewhat ineffective. A restraining order can be imposed that will give some sort of relief to the person whose life has been complicated by the obsessive attention of someone they have no wish to be in contact with. But what do you do when that person remains determined to track and confront and insist on being in one's presence?

A woman in Regina has suffered the misery of having been stalked for 35 years of her life. During that time she moved to other cities, she married, but her stalker remained undeterred. He followed her to other cities, he showered her with unwanted gifts, he harassed members of her family. Her disinterest in his attention made no impression whatever on him.

They had met when she was only 18, at a social occasion. He was older, in the throes of a marriage break-up. They dated for a short while, and she decided she wanted to see no more of him. The die was cast, however. He was obsessed and determined and nothing would turn him away from his purpose of having her accept him.

Eventually he was sentenced to prison for criminal harassment. Once released he was subject to legal conditions to keep him from contacting this poor unfortunate woman, Cathy Kaip. The man, Gerald Klein, is obviously seriously unhinged. He insists on pursuing a woman who loathes him, and fears his aggressive threats to her security.

He has brought lawsuits and legal proceedings against her, tormented her in every facet of her life, so she feels herself a prisoner of a nightmare than never ends. A peace bond imposed upon him denying him access to the district where Ms. Kaip lives expired, and another was applied for. It took two years to obtain, but ended with some measure of success.

Judge Dennis Fenwick, hearing the case, understood fully the severe limitations placed on Ms. Kaip's security and peace of mind; that if she ventured beyond the distance forbidden to her stalker, she was free game for him to approach her and continue his demented harassment. She would feel relatively secure from his disgusting advances only if she remained in a short distance from her home.

Instead of indicating an area within the city to be beyond his lawful access, as had been done previously, the Judge deemed it justifiable to deny this man lawful entry to the entire city, leaving Ms. Kaip free for the first time in years to move about her own city in peace and security. Mr. Klein has been given three weeks to vacate the city.

However, Mr. Klein is in the process of appealing the ruling. Even if it is upheld, however, it is for one year's security, after which time Mr. Klein will be free to return to Regina and presumably to resume stalking Ms. Kaip.

"I'm going to always have to deal with this. This guy is not going away", she said, beyond exasperation and hope. This man should be regarded in the same category as a repeat offender, one who will not be detracted from doing harm to others. Incarceration may cure him of his addiction.