What should you do if someone is stalking you?

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Stalking is a crime. Those affected do not have to tolerate being stalked, and there are many possibilities to take action against it.

Stalking

Stalking is punishable under the Criminal Code (Strafgesetzbuch, StGB). Any person who, without being authorised to do so, acts in a way which is apt to seriously restrict another person’s conduct of life, will incur criminal liability. Such acts include in particular:

  • seeking the other person’s physical proximity in a targeted (even surreptitious) manner,
  • (trying to) establish contact with the other person by post, phone, e-mail or messenger service,
  • illegally using the other person’s personal data, e.g. for the purpose of ordering goods or services on behalf of another person,
  • threatening to kill or cause bodily injury to others or depriving them of their liberty.

What should you do if you have become the victim of stalking?

The following measures may be helpful in taking action against stalking.

  • Inform the police. Any police station will take your report. You can go there without an appointment and discuss your case with the police officers in person. The police laws of the Länder provide for various powers which may be used. For instance, they allow the police to ban the offender from entering or approaching your home. The respective powers are governed by the police law of your Land. Different terms are used to describe them (e.g. ban from a residence, ban on/requirement of being present in a certain location/ ban from entering a residence/ban on returning to a residence, ban on approaching/seeking the proximity of a person/contact ban).
  • Maintain a list of all unwanted approaches stating the date, time and means of communication used (e.g. “e-mail”, “chat message”, “telephone call”) and secure evidence of each of them, for example screenshots of messages or printouts of e-mails.
  • Make it absolutely clear to the offender that you do not wish any contact and that you will inform the police if necessary. Please be aware: In some cases, it may be unfavourable to reply to the offender's messages. If in doubt about that, seek advice.
  • Has anyone witnessed the stalking attempts? If so, inform the police of any such witnesses, if possible including their names, addresses and telephone numbers.
  • Have your address and/or telephone number deleted from public directories. Contact your telephone provider for this purpose.
  • Request your registration authority to block disclosure of your personal data. If disclosure of such information is blocked, the registration authority, i.e. the residents’ registration office or municipal office at your place of residence, will disclose your name and address to third parties only after examining the information request concerned and determining that any risk can be excluded. You will be heard by the registration authority in this regard.
  • In any event: Do not hesitate to get help if you are scared or feel insecure, or if you have any questions. You can ask friends or family members for help, as well as police officers in charge of victim protection or experts from counselling services.
  • In addition to support by counselling services, it may sometimes be advisable to seek advice from a lawyer. A lawyer can, for instance, draft a letter to the offender making it absolutely clear that any approach is unwanted and that the offender will run the risk of criminal prosecution if he or she fails to comply. In many cases, such letters from a lawyer already have a deterrent effect. Contact the police if you feel threatened.

Further information

In particular, the Act on Protection against Violence (Gewaltschutzgesetz) provides for the possibility for persons affected by violence and stalking to move for court protection orders (e.g. a contact ban or a ban on approaching them). You can find more information on this issue here.

Do you need farther-reaching assistance because you are suffering emotionally due to stalking? You can find information and contact details here.

You can find information on how to file a criminal complaint here. If criminal proceedings are initiated, you can, under certain circumstances, join them as a private accessory prosecutor, and you may be entitled to psychosocial support at trial. You can find more information on criminal proceedings, private accessory prosecution and psychosocial support in court proceedings here.

Additional Information

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