Stalking
Stalking, harassment, cyberstalking, telephone terror... big words with heavy connotations. But from when does a certain behaviour cross the line of criminal law?
When someone commits a serious breach of your peace and general sense of security and privacy, stalking may be involved. In the Belgian Criminal Code, Article 442bis refers to the offence of ‘ harassment’.
According to Belgian law, three specific conditions must be met to constitute stalking. In this Wanted Fact, we discuss one by one these conditions and the possible penalties for stalking. In addition, we discuss the phenomenon of ‘cyber stalking’ and give you some tips and tricks.
Condition 1: You must feel seriously disturbed in your peace of mind by someone else's conduct
Stalking as an offence covers a very broad scope, appearing when your peace of mind and privacy are drastically disturbed. Thus, stalking is not always about a street chase, but can also consist, for example, of systematic and deliberate parking in front of another person's home. Everyone interprets a given situation differently. In the case of stalking, therefore, the experience of the victim is decisive rather than the intentions of the perpetrator.
Condition 2: The person alleging the conduct knew or should have known that he was disturbing your peace of mind with the alleged conduct
The offender may not be aware that he is disturbing your privacy. It is usually enough that the offender should have known that he was harassing you. Nevertheless, in some cases, it may be important to point out the stalker's disruptive behaviour.
Condition 3: The alleged conduct must be continuous and uninterrupted
The rest-disturbing behaviour must be systematic and continuous. Please note that this does not imply that it should be repeated over several days. In principle, a one-off act will not be considered stalking unless it was exceptionally serious. For example, an incessant pursuit or accosting may still be sufficient to constitute stalking. In addition, it does not have to be the same act every time either.
What punishment can stalking lead to?
In Belgium, the correctional court can impose a prison sentence of fifteen days to two years on the offender, along with a fine of fifty to three hundred euros (to be increased by the surcharge x8). If the victim is someone in a vulnerable condition such as a minor, pregnant woman or sick person, and the offender knew it, the minimum penalty is double.
The same penalty doubling is possible when one of the offender's motives constitutes discrimination, and stems from hatred or hostility against a person because of one of the characteristics enumerated in Article 442ter of the Criminal Code.
Stalking is no longer a complaint offence!
Since 2016, stalking is no longer a complaint offence. Previously, the public prosecutor had to receive a complaint from the victim in order to prosecute the stalker. So since 2016, this is no longer required.
This has two important consequences:
- A third person can take independent action in addition to the victim
If you know someone who is a victim of stalking but who does not dare to go to the police due to shame or fear, you can take matters into your own hands and make a report to the police.
- If, as a victim, you withdraw your complaint, the public prosecutor may decide to prosecute the accused anyway
This will depend on the actions taken by the accused. If the prosecutor considers that the behaviour is serious and therefore also poses a danger to society, it will be able to decide, beyond the victim's own will, to prosecute the suspect further anyway. Previously, the withdrawal of a complaint resulted in the termination of the prosecution. This is therefore no longer the case.
And what about cyberstalking and telephone terror?
Belgian law distinguishes between stalking and stalking using electronic means of communication.
When you are stalked via telecommunications such as social media, text messages or telephone, you can not only invoke the offence of stalking, but also a more specific offence namely: ‘stalking using electronic means of communication’.
The conditions for speaking of cyberstalking/telephone terror differ from the general offence of stalking. To speak of cyberstalking, the following two conditions must be met:
- The perpetrator must use an electronic communication network or service or other electronic means of communication
This includes many modern means of communication such as text messaging, fax, telephone, internet, etc.
- The offender must have the purpose of causing nuisance to his correspondent
In contrast to the general offence of stalking, here the offender must have the express purpose of causing nuisance and thus be aware that his behaviour is unacceptable.
What to do in case of stalking? Some tips and tricks
- Urge the stalker to stop and emphasise that you are not pleased with the disruptive behaviour. Always be careful not to engage in heavy confrontations.
- If the stalker does not stop after several reminders or the stalking behaviour gets out of hand, be sure to seek help from a third party and if necessary report it to the police.
- Inform those around you. Inform as many people you have contact with as possible, such as family, friends and colleagues, of the situation. Also ask them to definitely not share any personal details of yours and to stay away from your stalker.
- Collect as much evidence as possible. This may come in handy when filing a complaint, as well as in any subsequent lawsuit. For example, it may be appropriate to keep a diary in which you list the stalking behaviour. If possible, take photos and keep correspondence sent to you, such as text messages, e-mails or letters.
- Do you fear 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 a counselor and, if necessary, file a direct complaint with civil action before the investigating judge.
The investigating judge has more far-reaching powers than the police and can proceed to impose, among other things, a restraining order as a provisional measure, or, if necessary, provisional detention of the offender.
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.