Stalking, legally known as harassment, involves the repeated and intentional violation of someone's private life. This can range from following someone to sending unwanted messages or unexpectedly showing up at someone's home or workplace.
When is Conduct Considered Stalking?
According to Article 285b of the Criminal Code, stalking must meet the following criteria:
- Repetition - The behavior occurs regularly over a longer period
- Intentional conduct - The perpetrator is aware of their actions
- Violation of privacy - The victim experiences nuisance or feels threatened
- Intent to intimidate - The aim is to instill fear or exert pressure
Examples of Stalking Behavior
- Repeatedly seeking contact via phone, email, or apps (also via different accounts)
- Showing up unannounced at home or workplace
- Physical or digital stalking
- Leaving unsolicited gifts
- Seeking indirect contact via acquaintances
- Posting reactions or posts on social platforms
Maximum Penalty
For stalking, a prison sentence of up to 3 years may be imposed. In case of repetition or if threats also occur, the penalty may be heavier.
Reporting Obligation
Stalking falls under complaint offenses. This means that the Public Prosecution Service can only act if the victim files a police report and wishes to pursue prosecution. The report must be filed within 12 months after the last incident.
Measures such as Street and Contact Bans
The court may impose additional measures, such as:
- Prohibition on contact with the victim
- Prohibition from approaching certain locations (such as home or work)
- General area ban
Civil Options
Victims can request a contact or street ban through a civil procedure (summary proceedings). This process is often faster than a criminal case.
Frequently Asked Questions about Stalking in Westland
When is behavior considered stalking?
Behavior qualifies as stalking (harassment) if it repeatedly and intentionally violates someone's personal space, with the aim of instilling fear or exerting control. A single action is usually not sufficient; it must form a pattern. Think of persistent calling, following, or showing up unannounced.
What to do in case of stalking?
Go to the police as soon as possible to file a report, as stalking is a complaint offense. Collect evidence such as messages or witness statements. Consider a civil contact ban via summary proceedings for immediate protection. Organizations like Victim Support Netherlands can also provide guidance.
What is the deadline for reporting stalking?
You have 1 year after the most recent incident to file a report. After this period, the Public Prosecution Service can no longer initiate a case. So do not wait too long, even if you doubt the severity of the situation.
What distinguishes a criminal from a civil contact ban?
A criminal contact ban follows a conviction and is part of the penalty. A civil ban can be requested independently via summary proceedings, which is often faster and does not require a conviction. Both prevent contact, but the civil route offers faster assistance.
Is a street ban possible without filing a report?
Yes, via the civil court you can request a street ban without filing a police report, for example in summary proceedings. You must prove that you are being harassed or threatened. A lawyer can assist you with this.