Types of stalking and how to defend against it

Stalking as a criminal offence

The offence of dangerous stalking is committed under the provisions of Section 354 of the Criminal Code by a person who persecutes another for a long period of time by

• (a) threatening bodily harm or other harm to himself or to persons close to him,
• (b) seeks his or her personal proximity or follows him or her,
• (c) persistently contacts him or her by means of electronic communications, in writing or otherwise,
• (d) restricts him in his normal way of life; or
• (e) misuses his or her personal data for the purpose of obtaining personal or other contact,

and, by that conduct, causes him or her to enter into reasonable fear for his or her life or health or for the life and health of persons close to him or her.

Stalking, or dangerous stalking, is grouped together with, for example, the offence of dangerous threats, to which it is often very close. At the same time, it is an offence that can only be prosecuted with the consent of the victim if, in simple terms, there is a close relationship between the victim and the stalker.

Dangerous stalking must satisfy the conceptual elements which must be jointly fulfilled by the conduct. These are:

Long-term stalking

Case law generally speaks of conduct that lasts at least a month. However, it should be added that the intensity of the conduct also matters. In other words, if the dangerous stalking consists “only” of sending unsolicited text messages, it is better to first define oneself against the perpetrator and only contact the police if this type of conduct is repeated over many weeks. If you have had a shell casing in your mailbox three times in one week and have been stalked and knocked on your downstairs window for three evenings, then definitely don’t wait until a month has passed to contact the police. If there are only sporadic or random acts of otherwise unwanted behaviour then it is not stalking, but could theoretically also be another offence, such as making dangerous threats.

Forms of conduct described in the law

These forms are the aforementioned threats, stalking, persistent contact, restriction in everyday life or misuse of personal data.

• In the case of threats , these include threats to harm the victim’s health or that of his/her relatives, damage to property, damage to reputation, publication of photographs from private places.
• Surveillance can then consist of various forms of accompanying, waiting outside the house, observing through binoculars, etc.
• Persistent contact means repeatedly sending (e.g. tens or hundreds of messages a day), flooding an e-mail or mailbox, often with threats.
• Restrictions on the victim’s normal way of life are often encountered as a consequence of some other form of stalking. Victims change their telephone numbers, their jobs, sometimes even their homes, and restrict their interests and activities.

Very often the perpetrator chooses a combination of the above actions.

Capacity of the conduct to cause reasonable fear for his life or health or for the life and health of persons close to him

This third condition must always be present. The fact that a neighbour always waits for us outside the house and accompanies us on the bus to work at the same time in the morning is far from being stalking. If it is a mutual friendly contact that we do not object to and have no fear of, then everything is undoubtedly fine.

What is stalking in practice?

We have already looked at the legal definition. In general terms, or in psychological literature, we encounter the characterisation of stalking as an abnormal fixation on a particular person who is then unwillingly pursued, harassed and contacted by the perpetrator.

In practice, each case of stalking is slightly different. The Office of the Accessible Advocate was contacted by Ms. Markéta, who was concerned about stalking. She had broken up with her partner, Honza, two months earlier and he had been bombarding her with messages and begging her to return ever since. At first she tried to answer and explain everything to him. Later she stopped responding and her ex-partner switched to personal contacts. He visited Ms. Margaret at work, waited for her outside her house and even showed up at a weekend retreat where Ms. Margaret had gone with her new boyfriend. Although up to this point the messages would have appeared rather pleading and amorous, at this point they turned into aggressive name-calling and threats. Ms. Markéta first went to the local police department to discuss the problem. However, she herself was not sure whether or not it was a crime and rather downplayed the situation, saying that her ex-partner probably meant well and still liked her. The police therefore advised her not to think about it and that the ex-partner would get over it in time. In reality, however, Ms Markéta was afraid of him, her sleep deteriorated and she started to lose weight. In such a situation, however, it is appropriate to put a firm end to the offender’s actions.

Stalkers can take many forms. The most common form of stalking is partner stalking, where the stalker was originally the partner of the person being stalked and could not accept the break-up and end of the relationship. They account for up to 50% of all stalkers. At the beginning, they often just want to express their lingering feelings and do not realise that they have crossed the line. The problem is if they do not even respect a clear ‘no’ from their victim. Often it is only contact with the police that helps to make them realise that this behaviour is not okay.

Stalking tends to be downplayed by society. It often does not go as far as physical contact or violence. At least at first. That’s why many people think it’s no big deal. But few people can imagine what such behaviour means to the victim. Many victims have psychological problems and end up in the care of professionals.

What helps against stalking?

Defence can take place on several levels. If the stalker is recruited from our neighbourhood and we know them intimately, we should send a clear signal that we do not want to see them and do not want to associate with them. For example, if our relationship has not been clearly ended and the ex-partner thinks we have “taken a break”, he or she may think that his or her form of expressing feelings will make us want to get back together again. Do not accept the stalker’s suggestions and conditions at such a time, as the situation may get worse. He should hear clear disapproval of the way he is behaving. Despite the fact that you have compassion for your ex-partner, have had many good times and don’t want to be mean to him/her, try to be firm and clear. If you explain that “your messages are a bit much, and I’m glad you’re interested in me, but you’re overdoing it“, he’ll probably interpret that to mean that he’ll only send you five messages instead of ten and still expect the relationship to continue.

If it is a stranger, we should first and foremost behave in a way that keeps us safe. Violence and inappropriate behaviour should not be condoned, but at the same time we need to evaluate whether we are really capable of facing it if, for example, we go home alone at night. It is therefore necessary to realistically assess what we may be at risk of and to minimise the danger. Using taxis, being accompanied by another person, etc.

Practical example

We helped Marketa to prepare a criminal complaint so that it was of good quality and the police actually dealt with it. We gathered all the evidence, which included voice and text messages, emails, witness statements from colleagues and photographs of unsolicited gifts and intimidating items (razor blade with red dye). We have clearly described the frequency and intensity of the conduct, and have pointed out that it is a long-term, intense activity involving threats, surveillance and unsolicited contact. In addition, the victim is restricted in her personal life and the perpetrator’s actions cause her considerable anxiety. The case of Mrs Markéta was therefore an almost textbook example of dangerous stalking, which involved a combination of several possible forms.

The police became intensively involved in the situation and the case ended up in court, which gave the perpetrator a suspended prison sentence and a ban on any further contact with Ms Markéta.

Contacting the police and insisting on an investigation of the crime is often the only action that can stop the perpetrator. However, it is advisable to work with a solicitor to ensure that a criminal complaint does not fall under the table.

What is the penalty for stalking?

The general criminal penalty is imprisonment for up to one year, if banned. An increased rate, i.e. imprisonment for six months to three years, is possible if the offence is committed

• a) against a child or a pregnant woman,
• (b) with a weapon, or
• (c) with at least two persons.

Summary

Stalking, or dangerous stalking, is an offence where the offender persecutes the victim for a prolonged period of time and causes the victim to fear for his or her health or life. It includes threats, stalking, unsolicited contact and misuse of personal information. The key to defending yourself is to clearly define yourself against the unwanted behaviour and contact the police. Working with an attorney can greatly assist in filing a criminal complaint and resolving the case.