FOR IMMEDIATE RELEASE
THREE AND A HALF YEARS JAIL FOR SERIAL STALKER CONVICTED FOR THE FIFTH TIME.
28th April 2015
Today persistent stalker Elliot Fogel was jailed for two breaches of a lifetime restraining order preventing him from making any contact with Claire Waxman.
This is the fifth time Fogel has been prosecuted. He has previously received a community order, a suspended sentence, 16 week and two years custodial sentence for past breaches.
Ms Waxman won a landmark case against the CPS for not previously prosecuting Fogel in 2011 for a similar breach of the restraining order.
”Stalkers wreck their victims lives. My family and I have had to endure 12 years of persistent stalking and we just wish that Fogel would desist so that we can lead a normal life.
Today’s verdict and sentence is important for all stalking victims, as it shows them that the pattern of stalking is finally being recognised and understood and taken seriously. It also gives a message to stalkers that they do not have an absolute right to access the civil courts to bring malicious and vexatious complaints against their victims.”
Abusing the court process is a common tactic by stalkers. They take out vexatious court actions in order to force their victims into contact with them. Fogel used this tactic in 2006 and 2011, when he brought county court actions against Waxman.
In 2011, following one of his vexatious complaints, Fogel was charged for a breach of the restraining order but the CPS dropped the prosecution claiming he had a legal right to access the civil courts.
Waxman took legal action against the CPS for failing to prosecute Fogel’s breach as she believed this was a breach of her human rights. In February 2012, her application at The Royal Courts of Justice was upheld and she won her case against the CPS.
It was a landmark victory which showed the value of the Human Rights Act in protecting Victims of crime and has ensured that all victims of stalking will be allowed to access justice in these types of cases. (see summary of ruling: http://tinyurl.com/ommn44b)
“This sentence will give Claire and her family some reprieve but Fogel is a determined stalker who will continue,” said Harry Fletcher, Criminal Justice Director of the Digital Trust.
“It is paramount that any further breaches are dealt with quickly and that there are strong safeguarding measures to protect Claire’s safety.”
Speaking after court, DC Candler , officer on the case said: “Today’s sentence reflects the seriousness of Mr Fogel’s offending; especially in light of his appalling abuse of the civil court system to victimise Mrs Waxman. He is now subject to further restraints by means of a restraining order and criminal behaviour order to hopefully curtail any future attempts should he continue to subvert the courts and plague the life of Mrs Waxman and her family. We all hope though that this will finally mark the end of his offending. ‘
This case has highlighted the need for psychiatric treatment for persistent stalkers and Frank Farnham, Consultant Forensic Psychiatrist and clinical lead for Fixated Threat Assessment Centre and the National Stalking Clinic said: “Psychiatric treatment of stalkers would benefit them and their victims. We need the courts to recommend the specialist treatment that we provide at the National Stalking Clinic”.
ENDS:
NOTES FOR THE EDITOR:
Press contact:
Claire Waxman, Founder Voice 4 Victims info@voice4victims.co.uk
Met Police Press Bureau reference S1032009
Harry Fletcher, Criminal Justice Director M: 07860 540145 Email: Harry@digital-trust.org
Need for a Victims’ Rights Bill
Currently, victims’ rights are not represented in the criminal justice system.
Voice4Victims campaigns for rights of victims and is working with Digital-Trust to introduce a Victims Rights Bill (see draft: www.digital-trust.org/victims-bill.
The Bill places a responsibility on the Secretary of State to publish a victim’s legal framework and outlines over 25 specific rights for victims under the following key areas:
Advice
Treatment
Representation
Parental rights
Vexatious Claims
Disclosure
Compensation & Costs
Claire Waxman has also started a campaign called ‘Restoring the Balance’ to address the legal loopholes that perpetrators exploit in order to abuse their victims further and force contact with them and is working with the Suzy Lamplugh Trust and Sir Keir Starmer on this campaign.
About Voice4Victims
“As a stalking victim, I experienced first-hand a torrent of abuse and re-victimisation at the hands of our Criminal Justice System. I naively believed the system was there to help victims, instead it compounds their trauma. It placed the rights of my stalker above my rights to be protected”.
Claire Waxman, founder of Voice4Victims
The Voice 4 Victims campaign seeks to address the imbalance of equality though enshrining rights of victims in a Victims’ Law. Working with several victims’ organisations and charities, the campaign has amassed substantial evidence about the difficulties and injustices victims face within the criminal justice system. They have also highlighted, and looking to address the legal loopholes within the Civil and Family courts which allow perpetrators direct contact to abuse or harass their victims further.
Together with the expertise of Harry Fletcher, Criminal Justice Director of the Digital Trust and colleague Kate Whaley, MAMAA, a Victim’s Rights Bill was drafted and has now gained cross party support. Claire is optimistic that it will become law and ensure that there is a culture shift towards the treatment and support of victims in this country.
About Digital-Trust
The Digital-Trust is a new not-for-profit organisation that brings technologists together with those professionals working within the criminal justice system and the associated support charities. This new organisation actively campaigns for more responsive legislation for victims of abuse. It also identifies risks and continuously develops new advice, tools and guidance to combat the rapidly escalating problem of digital abuse.
Harry Fletcher, Digital-Trust – Criminal Justice Director
Harry is a respected criminal justice expert and parliamentary campaigner. Harry was the Assistant General Secretary of NAPO for over 20 years. His role as a criminal justice expert has been to campaign and influence for changes in government policy. He was instrumental in getting the new domestic violence and stalking law through parliament. His current projects include: Victims’ Rights Bill, Digital-Abuse Consolidation Bill and Courts Co-operation, Enforcement and Family Courts Amendment Bill.