What do you do when you become a victim of stalking?
Stalking, a common crime with far-reaching consequences
Today Bart De Pauw has to answer as a defendant before the correctional court in Mechelen. The crime he is charged with: stalking, also called stalking mentioned.
Although the trial in which Bart De Pauw stands trial today is one of the first stalking cases to enjoy strong media coverage, the pile of stalking files at police, prosecutors and investigating judges is growing day by day. Last year as many as 22,765 victims reported assault, the newspaper reported The Standard the past weekend. [1]
In practice, as lawyers, we find that being subjected to stalking can leave a huge impact on victims. All the more so because an average stalker maintains their behavior for as long as 22 months.
As criminal lawyers, we became convinced over the years that a correct and appropriate legal approach can significantly shorten this belaying period for a victim.
Therefore, the question that we as criminal lawyers are trying to answer in this article is "what do you do if you become a victim of stalking?".
From when does the law consider you a victim of stalking?
Belgian criminal law states that there are stalking or stalking when the perpetrator's behavior:
- Resulting in a serious disturbance of the peace of a particular person;
- and the perpetrator knew or should have known that his conduct would seriously disturb that person's peace of mind.
Under the current state of criminal law, you are a victim of stalking only if the above two conditions are met.
Consequently, in the Bart De Pauw case, the correctional court will have to answer the question of whether Bart De Pauw was guilty of conduct that resulted in a serious disturbance of the peace of (at least) one of the persons involved.
In addition, the court will have to answer the question of whether Bart De Pauw -if he effectively engaged in such conduct- knew or should have known that by such conduct he was seriously disturbing that person's peace of mind. Only if the court considers that both questions should be answered "yes," can Bart De Pauw be found guilty of the crime of stalking.
Behaviors that may qualify as stalking include: repeatedly calling the victim, repeatedly emailing or texting the victim, stalking or spying on the victim, filing unfounded complaints against the victim, continuing to contact the victim himself when the victim clearly stated he no longer wanted contact, and so on.
Posting photos of a victim online, without his or her knowledge, may also qualify as stalking in certain cases. (For more info on the crime of stalking itself see here)
What can you do to make the stalking stop?
As indicated above, Belgian law considers you a victim of stalking only when the person stalking you knows that his or her conduct will cause a serious disturbance to your peace of mind and he or she nevertheless commits this conduct.
It is therefore important that you let your harasser know in a clearly traceable manner (e.g., not during a phone call or verbally) that you do not want his or her conduct and that they are disturbing your peace of mind. Such initial notification - especially if addressed to the harasser by an attorney - can be an initial trigger for the harasser to cease his or her defamatory conduct.
But even if such a report does not cause the defamatory conduct to cease, the report may be important in any further proceedings. After all, the report will be able to be used to show that the harasser knew his or her behavior was unwelcome and your peace of mind was disturbed as a result.
In addition to being able to prove the element of knowledge in the perpetrator, as a victim you will also need to be able to substantiate that certain defamatory conduct was alleged. It is therefore important to work in a detailed manner in consultation with an attorney each time going to report to the police the defamatory conduct alleged there.
It is extremely important to of all facts reported to do because Belgian case law requires that there be "Unremitting or recurrent behaviors"[2] in order to speak of stalking.
Reporting each time builds a thorough file that can ensure that the court intervenes appropriately. Indeed, the many reports may lead the prosecution to impose conditions, with a restraining order being imposed on the assailant.[3]
In far-reaching cases, the prosecution may even demand an investigating judge, who in turn may impose conditions on the assailant.
What if the court does not intervene anyway?
In practice, however, we find that many cases of stalking remain without concrete consequences and therefore drag on for years. In our opinion, the fact that the pile of stalking dossiers at the public prosecutor's office, the police and the investigating judges is large plays a role in this. It is therefore recommended that victims of stalking consult a lawyer. In practice, we find that the intervention of a lawyer invariably a positive impact has on the investigation and the position of the victim.
By liaising directly with the Public Prosecutor's Office and possibly the investigating judge, we endeavor to ensure that the correct and expeditious handling of an assault case is achieved and expedited.
Also, if a thorough police investigation does not take place, we as lawyers can proceed to file a complaint with civil action in order to bring about a thorough investigation before the investigating judge (for more info on the complaint with civil action see here).
Therefore, for a victim of stalking, the professional help of a lawyer -already from the beginning of the investigation- can be of enormous importance.
Were you the victim of an assailant or would you like more info on the crime or steps to take? If so, please feel free to contact one of our specialists at 03 369 28 00 in complete discretion.
[1] The Standard Weekly, Saturday, Oct. 9, 2021, no. 515.
[2] Cass. Feb. 10, 2016, P.15.1536.F; Cass. Nov. 24, 2009, Pass. 2009, I, p. 2,765.
[3] This can include criminal mediation (art. 216to Sw.).
