Police call for tougher stalking laws and powers over dating apps

Victoria Police is calling for a crackdown on stalking offences and demanding powers to unmask predators on dating apps in the wake of Celeste Manno’s murder.

Victoria Police is calling for tough new stalking offences and powers to force dating and social media apps to unmask predators and hand over evidence needed for criminal investigations.

The force is pushing for urgent reform to protect victims of stalking following the tragic murder of Celeste Manno, allegedly by her former work colleague and stalker Luay Sako last year.

Police want tougher punishments for stalkers who commit serious breaches to personal safety intervention orders.

Celeste Manno was allegedly murdered by her stalker while sleeping in her bedroom in November 2020.

The proposal, outlined in its submission to the Victoria Law Reform Commission’s review of stalking laws, calls for new offences for persistent order breaches as well as breaches where the perpetrator intended to inflict physical or mental harm or make the victim fear for their safety.

The offences were described by police as “both necessary and appropriate” and would bring protections into line with those already offered under existing family violence intervention orders.

Victoria Police also wants a legislative review of image-based sexual abuse (IBSA) offending that would give them greater powers to search and gather evidence necessary to lay criminal charges.

Image-based sexual abuse includes the non-consensual taking and distribution of explicit images and footage, known as revenge porn, and is often used to abuse and control victims.

Unlike most Australian jurisdictions, Victoria recognises it as a summary, not indictable offence, which limits police search and arrest powers.

This means police have a reduced capability to gather evidence needed to secure convictions, with Sentencing Advisory Council data showing that of the 505 image-based sexual abuse offences recorded in 2018-19, only 114 were sentenced.

Only one in five cases lead to imprisonment.

Celeste Manno's father Tony and uncle Gabriel at her funeral in Whittlesea. Picture: Andrew Henshaw

“Given the commonality of IBSA and its links to stalking, family violence, sexual offending and child sexual abuse, Victoria Police considers there to be merit in IBSA offences and their application being formally reviewed to ensure police are sufficiently empowered to investigate and enforce these crimes,” the Victoria Police submission read.

Police also want sweeping reforms enabling them to obtain information from dating and social media apps, including those protected by encryption.

The submission states these apps are regularly used by offenders to commit serious crimes such as stalking without detection.

“Consideration should be given to enforceable responsibilities on these providers to support police investigations … to ensure that online services cannot profit from facilitating a platform that provides opportunities for offenders to commit fixated and criminal offending,” the submission read.

“Currently, the level of accountability for platforms does not provide an incentive to co-operate with police investigations or to prevent the platform being used to commit offences.”

The VLRC will release an interim report by December 31.