Stalking, legally referred to as harassment, involves the repeated and intentional infringement on another person's privacy. This can range from following someone to sending unwanted messages or unexpectedly appearing at someone's home or workplace.
When is it considered stalking?
According to Article 285b of the Dutch Criminal Code, stalking must meet certain criteria:
- Repetition - The behavior occurs multiple times over a longer period
- Intentional action - The perpetrator is aware of their actions
- Violation of privacy - The victim feels seriously harassed
- Aim to intimidate - The perpetrator intends to cause fear or exert control
Examples of stalking behavior
- Repeatedly seeking contact via phone, email, or apps (including via other accounts)
- Undesired appearance at someone's home or workplace
- Physically or digitally following someone
- Sending inappropriate gifts
- Seeking indirect contact via acquaintances
- Posting messages or comments on social media
Maximum penalty
For stalking, a prison sentence of up to 3 years may be imposed. In cases of repetition or when stalking is accompanied by threats, the penalty may be heavier.
Condition for prosecution
Stalking falls under complaint offenses. This means that the Public Prosecution Service can only act if the victim files a complaint and explicitly states that prosecution is desired. The complaint must be filed within 12 months after the last incident.
Protective measures
A judge may impose additional sanctions, such as:
- A prohibition on contact with the victim
- A prohibition from approaching certain locations (such as home or work)
- A broader area ban
Civil law options
Victims can apply for a contact or street ban through a civil procedure (summary proceedings). This process can often proceed faster than a criminal case.
Frequently asked questions about stalking in Rijswijk
When is behavior considered stalking?
Behavior qualifies as stalking if it repeatedly and intentionally violates someone's personal space, with the aim of instilling fear or exerting coercion. A single action is usually not sufficient; it must be a pattern, such as persistent calling, following, or unannounced visits.
What to do in case of stalking?
Report it to the police as soon as possible to file a complaint, since stalking is a complaint offense. Gather 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 support.
What is the deadline for filing a complaint for stalking?
You have 1 year after the last stalking act to file a complaint. After this period, the Public Prosecution Service can no longer act. Therefore, do not wait too long and report the incident as early as possible, even if you doubt the severity.
What distinguishes a criminal from a civil contact ban?
A criminal contact ban is imposed after a conviction as part of the sentence. A civil ban can be requested independently via summary proceedings, which is often arranged faster, even without a criminal procedure. Both measures restrict contact, but the civil route offers faster protection.
Is a street ban possible without filing a complaint?
Yes, via the civil court you can apply for a street ban without filing a police complaint. This proceeds via summary proceedings and offers quick protection. You must provide evidence of nuisance or threat. A lawyer can assist with this.
Relevant authorities in Rijswijk: For legal assistance, you can go to the Juridisch Loket Rijswijk. Cases are handled by the District Court of The Hague, under which Rijswijk falls.