Premier League footballer, Kyle Walker, recently underwent a very public legal dispute with influencer Lauryn Goodman after she applied to the Court under Schedule 1 of the Children Act 1989 for financial provision for the two children they share together. Here Hannah Barlow looks at Goodman’s behaviour on social media and what Walker can do about it. Could Lauryn Goodman face Jail Sentence for Harassment of Kyle Walker?
Whilst those proceedings have now concluded, it has been reported that Goodman is continuing to cause Walker difficulties by regularly posting about him, his Wife Annie Kilner and their four young children on social media.
Walker is now believed to be taking matters into his own hands by contacting lawyers over the social media posts and is considering taking out a harassment order against Goodman. But what would this entail?
The law offers protection from harassment and there are steps that an individual can take to make it stop. The Protection from Harassment Act 1997 is the legislation which provides protection to victims of harassment. This protection is offered in a variety of disputes, to include harassment online, sometimes referred to as ‘cyberstalking’, as in Walker’s case.
What is the definition of harassment?
Harassment is defined in the UK as behaviour intended to cause a person alarm or distress.
The Protection from Harassment Act 1997 provides that every individual has a right to be free from harassment and accordingly, a person must not pursue a course of conduct which amounts to harassment of another and —
(a) is intended to amount to harassment of that person; or
(b) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
A course of conduct must normally involve conduct on at least two occasions.
Civil Law or Criminal Law?
An individual can pursue civil proceedings when it comes to seeking protection from harassment. In the Civil Court, if harassment is established, damages can be awarded for any anxiety caused by the harassment and any financial loss resulting from the harassment.
The Court can also impose a civil injunction to prevent further conduct which amounts to harassment from being pursued.
A civil injunction is similar to a Non-Molestation Order that can be obtained in the Family Court. However, in order to obtain a Non-Molestation Order, the individual seeking protection has to prove to the Court that they fall under the category of being ‘associated persons’ with the person with whom they are seeking protection from. This includes but is not limited to being married, civil partners, relatives and sharing children together. A civil injunction on the other hand can be obtained by anyone that falls outside the category of associated persons. Breach of such an injunction is a criminal offence and could carry a maximum prison sentence of five years.
Harassment may also constitute a criminal offence. If an individual is found guilty of harassment, the maximum sentence is six months imprisonment although if the harassment is racially or religiously aggravated, the maximum prison sentence is two years.
In Walker’s case, he could apply for a Non-Molestation Order against Goodman as the pair are associated persons by virtue of sharing children together. That said, his wife Kilner could not seek the same against Goodman, as the children that she shares with Walker would not fall under the category of ‘associated person’ and would need to seek protection from Goodman either by the Police or via the Civil Court.
Only time will tell as the ongoing dispute between Walker and Goodman, which is currently being played out over social media, but if further information is required as to personal circumstances of your own then please contact our dedicated team at Hello@mcalisterfamilylaw.co.uk
