Stalking, harassment, cyberstalking, telephone terror,... big words with a heavy load. But from when does a certain behavior transcend the boundaries of criminal law?
If someone seriously infringes on your peace and general sense of security and privacy, it may be a matter of stalking. Article 442bis of the Belgian Criminal Code refers to the offense of 'bullying'.
According to Belgian law, three specific conditions must be met in order to speak of stalking:
1. You must feel seriously disturbed in your rest by the behavior of someone else
Stalking as a crime covers a very broad scope, and appears in the event of a drastic disturbance to your peace of mind and privacy. For example, stalking is not always about a pursuit on the street, but can also consist of systematic and deliberate parking in front of someone else's house. Everyone interprets a certain situation differently. In stalking, the victim's experience is therefore of decisive importance and not so much the intentions of the perpetrator.
2. The person who commits the behavior knew or should have known that he is disturbing your peace with the alleged behavior.
The perpetrator may not be aware that he is disrupting your privacy. It is usually sufficient that the perpetrator should have known that he was harassing you. Nevertheless, in some cases it can be important to point out his disruptive behavior to the stalker.
3. The alleged conduct must be continuous and incessant.
The rest disturbing behavior should be systematic and continuous. Attention, this does not mean that this has to be repeated over several days. A one-time, incessant pursuit or accretion may be sufficient to speak of stalking. In addition, it does not always have to be the same action.
Notice:
The behavior of the stalker does not in itself have to be punishable. Example: Regularly sending flowers or letters is not a crime. But the fact that a person does this undesirable and incessantly does make the act punishable.
What punishment can stalking lead to?
In Belgium, the criminal court can impose a prison sentence of fifteen days to two years on the offender and this with a fine of fifty to three hundred euros (to be increased by the surcharge). If the victim is someone who is in a vulnerable situation such as a minor, pregnant woman or sick person, and the perpetrator knew this, the minimum penalty is double.
The same penalty is possible if one of the motives of the offender constitutes discrimination and results from hatred or hostility against a person because of his alleged race, his skin colour, his descent, his national or ethnic origin, his nationality, his sex, his sexual orientation, his marital status, his birth, his age, his fortune, his religion or philosophy, his present or future state of health, disability, his language, his political opinion, his trade union beliefs, a physical or genetic characteristic or his social descent.
And what about cyberstalking and telephone terror?
In Belgian law, a distinction is made between stalking and stalking using electronic means of communication. When you are being stalked via telecommunications such as social media, SMS or telephone, you can not only invoke the crime of stalking, but also a more specific crime, namely: 'harassment by means of electronic means of communication'. The terms for talking about cyberstalking/telephone terror are different from the general offense of stalking.
To speak of cyberstalking, the following two conditions must be met:
1. The offender must use an electronic communications network or service or other electronic means of communication.
This includes many modern means of communication such as SMS, fax, telephone, internet, etc.
2. The offender must have the aim of causing a nuisance to his correspondent.
In contrast to the general offense of stalking, the perpetrator must here expressly have the aim of causing nuisance and thus be aware that his behavior is unacceptable.
Are you the victim of stalking?
Stalking can have a serious impact on your general sense of security and psychological peace. It often starts innocently but can turn into a real terror. The perpetrator is usually no stranger and can be an ex-partner, colleague or neighbor respectively. Stalkers are often very persistent and victims are often distraught. Seek help in time and talk about it with those around you.
What to do in case of stalking? Just a few tips and tricks
- Urge the stalker to stop and emphasize that you are not served by the disruptive behavior. Always be careful and do not engage in heavy confrontations.
- If the stalker does not stop after several reminders or if the stalking behavior gets out of hand, be sure to seek help from third parties and, if necessary, file a report with the police.
- Collect as much evidence as possible. This can be useful when submitting a complaint as well as during any subsequent process. For example, it may be advisable to keep a diary in which you list the stalking behaviour. If possible, take pictures and save any correspondence sent to you, such as text messages, emails or letters.
- Are you afraid that the police will not take your complaint seriously enough? Do you fear for your life? Or is the stalker controlling your entire life? Contact legal counsel and, if necessary, file a direct civil complaint with the investigating judge.
The investigating judge has more far-reaching powers than the police and can proceed to impose, among other things, a contact order as an interim measure or, if necessary, to pre-trial detention of the perpetrator.
Any questions about stalking? what can we do for you?
Were you a victim of stalking? Are you unsure whether or not stalking is taking place and whether you can do something about it? Or how best to handle the situation? Contact us for a no-obligation conversation. We are happy to see how we can help you further and which is the best step you can take in your specific case.