Stalking, also known as harassment in the law, involves the repeated and deliberate disturbance of someone's private space. This can range from following someone to sending unwanted messages or unexpectedly showing up at someone's home or workplace.
When Is Behaviour Considered Stalking?
According to Article 285b of the Dutch Criminal Code, stalking must meet the following criteria:
- Repetition - The behaviour occurs regularly over a longer period.
- Deliberate action - The perpetrator is aware of their actions.
- Violation of privacy - The victim experiences nuisance or feels threatened.
- Intention to intimidate - The aim is to instill fear or exert pressure.
Examples of Stalking Behaviour
- Repeatedly seeking telephone contact or sending messages via various channels.
- Appearing unannounced at a residence or workplace.
- Physically or digitally following someone.
- Sending unwanted gifts or packages.
- 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 cases of repetition or when stalking is combined with threats, the penalty may be heavier.
Reporting Obligation
Stalking falls under complaint offences. This means that the Public Prosecution Service will only take action if the victim files a police report and wishes to pursue prosecution. The report must be filed within 12 months after the most recent stalking act.
Possible Measures
A judge may impose additional sanctions, such as:
- A prohibition on contact with the victim.
- A prohibition on approaching certain locations, such as home or workplace.
- A broader exclusion zone.
Civil Protection
Victims can apply for a contact or street ban through a civil procedure (summary proceedings). This process is often faster than a criminal case and provides immediate protection.
Frequently Asked Questions about Stalking in Zoetermeer
When does behaviour qualify as stalking?
Behaviour is considered stalking if it repeatedly and intentionally violates someone's private space, with the intention of causing fear or pressure. A one-off action is usually not sufficient; it must be a pattern, such as constant calling or following.
What to do in case of stalking?
Go to the police to file a report, as stalking requires a complaint. Collect evidence such as chats, photos or witness statements. Consider a civil contact ban via summary proceedings and seek help from organisations such as Victim Support Netherlands in Zoetermeer.
What is the deadline for reporting stalking?
You have 1 year after the last stalking act to file a report. After this period, the Public Prosecution Service can no longer act. So do not wait too long and report it as soon as possible to the police in Zoetermeer.
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 and is often available faster, even without a conviction.
Can I get a street ban without filing a report?
Yes, through a civil procedure you can apply for a street ban without filing a police report. This can be done via summary proceedings at the court, for example the District Court of The Hague, and requires proof of nuisance or threat. A lawyer or the Juridisch Loket Zoetermeer can assist with this.