Stalking

Introduction

In 2023, 225,000 Dutch people aged 15 or older were victims of stalking. This included 137,000 women and 90,000 men. Often, the victim knows the stalker, for example, an ex-partner, acquaintance, family member, colleague, or friend. At Law & More, we understand how important it is to intervene quickly and effectively, whether you are a victim or accused of stalking. This blog will discuss precisely what stalking entails, what legal action is possible, and how we can support you.

What is stalking?

Stalking is the repeated harassment of someone in a way that causes fear or distress. Whereas stalking used to often take place physically, such as waiting on the street, today we are seeing an increase in online stalking. This can include threatening messages, repeated phone calls, attempts to hack social media accounts, or spreading lies about the victim and their family. It is essential to take this behavior seriously and take action. Don’t wait too long to take legal action – the sooner you act, the sooner we can help you.

Forms of stalking

Stalking can take different forms. Here are the most common behaviors:

• Physical tracking: The stalker follows the victim down the street to work, school, or other locations.
• Communication: This can range from repeatedly calling, texting, and sending e-mails to leaving messages on social media.
• Surveillance: The stalker continuously monitors the victim, possibly using technology such as GPS trackers or hidden cameras.
• Harassment: Threats or other forms of aggressive behavior to instill fear.

Stalking checklist

The more questions answered “yes,” the more likely stalking is:

1. Has the stalking been going on for more than two weeks?
2. Does the stalker invest much time, energy, and money?
3. Does the stalker follow the victim to different locations such as work, school, or home?
4. Has the stalker tried to contact the victim through different channels (phone, email, social media)?
5. Did the stalker send unwanted gifts or packages to the victim?
6. Did the stalker use the victim’s personal information to intimidate or harm them?
7. Did the stalker and victim have an intimate relationship?
8. Has the stalker used violence before?
9. Has the stalker indicated he is at his wit’s end?
10. Did the stalker threaten murder or suicide?
11. Does the stalker show intense anger?
12. Did the stalker destroy the victim’s belongings?
13. Is the victim terrified of the stalker and his behavior?
14. Has the stalker ever been arrested or convicted of stalking or related offenses?

Stalking in practice: victims

For victims, stalking can lead to significant emotional and psychological stress. At Law & More, we understand that your safety and peace of mind are a priority. Common consequences include:

1. Fear and insecurity: Victims feel constantly watched, which can disrupt their daily lives.
2. Social isolation: Victims often limit their social contacts for fear of confrontation.
3. Legal procedures: It is important to report it to the police as soon as possible and gather evidence.
4. Protective measures: We can apply for a restraining or no-contact order to keep the stalker at bay.

Tips for dealing with stalking:

1. Collect evidence: capture every action, but really every action, with a video camera and write everything down. Record every little detail with date and time. Record conversations, take screenshots of messages;
2. Be clear to those close to you about what is going on;
3. Contact a lawyer;
4. Contact the police;
5. Deal well with the stalker. If the stalker is an acquaintance, inform them precisely what you want, especially what you do not wish to. Furthermore, it is important never to accept any proposals or demands from the stalker.

How we can help

Our law firm offers comprehensive support to victims of stalking. We help you with:

• Collecting evidence: this evidence is often provided based on text and Whatsapp messages sent, historical phone call records, witness statements that the suspect has been in a particular place repeatedly, and camera footage;
• Filing reports with the police;
• Applying for protective measures, such as a restraining order or restraining order;
• Representation in court to vigorously defend your case.

Our lawyers will guide you through every step, from gathering evidence to defending your case in court.

Stalking in practice: suspects

Being accused of stalking can have far-reaching legal and personal consequences. The process usually goes as follows:

1. Report and investigation: Following the report, the police will begin an investigation, which may involve questioning you and gathering evidence against you;
2. Temporary measures: The police or prosecutor can impose temporary measures, such as a restraining order, during the investigation.
3. Trial: The case can be taken to court if there is sufficient evidence. You have the right to a fair trial, and we can defend you against the charges;
4. Punishment: If found guilty, the punishment can range from a fine to imprisonment or mandatory psychological counseling.

An essential factor in stalking is that it takes more than just a report to be prosecuted. Thus, there must be more evidence. The prosecution must prove that the accused systematically infringed on the victim’s privacy to force the victim to do something, refrain from doing something, endure something, or instill fear.

How we can help with defense

If you have been accused of stalking, it is crucial to seek legal representation. Our law firm understands that every case is unique and offers a robust and expert defense. We ensure your rights are protected and you receive a fair trial.

• Assessment of evidence: We thoroughly analyze the evidence to determine whether the charges are justified.
• Legal defence: We make sure your rights are protected and that you get a fair trial.
• Personalised guidance: our lawyers guide you step by step through the legal process so you know exactly what to expect and how we can help you achieve the best outcome.

Legal framework stalking

Stalking, in legal terms, is called stalking. According to Section 285b of the Criminal Code, stalking is, in short, “the systematic and deliberate invasion of the privacy of another person,” making that person feel inconvenienced or unsafe as a result.

Systematic character

To meet the definition of the offense, stalking must also be systematic. This means that a single phone call cannot be considered stalking. However, if there is a combination of different behaviors, such as sending repeated messages and physically following someone, it can be considered stalking. The essence here lies in the degree of intensity, duration, and frequency of the behavior.

The Supreme Court looks at several factors when assessing whether systematicity exists:

• Nature, duration, frequency, and intensity: How often and how severe is the behavior?
• Circumstances and impact: Under what circumstances did the behavior take place, and what was the impact on the victim?

In February 2021, the court in Rotterdam decided to acquit a defendant of stalking because the systematic nature of the behavior was lacking. The accused had only contacted the declarant on three occasions over more than a year. For a defendant, it can, therefore, be essential to engage a lawyer who can prove that there is no systematic or repeated behavior.

Eye mark

Several terms are used in the Penal Code to indicate that the offender must have had some purpose for his actions. One such term is ‘intent’. Staging involves forcing the other person “to do something, not to do or tolerate something or to instill fear.”

However, it is not necessary that the victim does or fails to do something because of the perpetrator’s actions. The issue concerns the offender’s intention, which can often be challenging to prove. The law states that the behavior must generally be appropriate to provoke a specific reaction in the victim.

Conclusion

Stalking is a serious crime with far-reaching consequences for both the victim and the accused. It is essential for victims to know their rights and take legal action to ensure their safety. For suspects, it is crucial to seek legal assistance to ensure fair treatment.

At our law firm, we understand the complexities of stalking cases and offer specialized legal support for both victims and defendants. Our experienced lawyers are ready to help you with expert advice and effective legal representation.