Stalking, also referred to as harassment in Dutch law, involves someone repeatedly and deliberately infringing on another person's privacy. This can range from following someone to sending unwanted messages or unexpectedly showing up at someone's home or workplace.
When Does Stalking Apply?
According to Article 285b of the Dutch Criminal Code, stalking must meet the following criteria:
- Repetition - The behavior occurs multiple times over a certain period
- Deliberate action - The perpetrator is aware of their actions
- Infringement of privacy - The victim experiences nuisance or feels unsafe
- Intention to intimidate - The perpetrator intends to coerce or frighten the victim
Examples of Stalking Behavior
- Repeatedly seeking telephone contact or sending messages via various channels
- Unwanted visits to home or workplace
- Physically or digitally following someone
- Leaving unsolicited gifts
- Seeking contact via third parties, such as family members
- Posting intimidating content on social platforms
Possible Penalty
For stalking, a prison sentence of up to 3 years may be imposed. In cases of repetition or where there is a threat, the penalty may be more severe.
Filing a Complaint
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 stalking act.
Protective Measures
A judge may impose additional measures, such as:
- A prohibition on contact with the victim
- A prohibition on approaching certain locations, such as home or work
- A broader exclusion zone
Civil Protection
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 Leiden
When is behavior considered stalking?
Behavior qualifies as stalking if it repeatedly and deliberately violates someone's personal space, with the intention of instilling fear or exerting pressure. A single action is usually not sufficient; it must be a pattern, such as constant calling or following.
What to do if I am being stalked?
Go to the police as soon as possible to file a complaint, as stalking is a complaint offense. Gather evidence, such as screenshots or witness statements. Consider a civil contact ban via summary proceedings and seek help from organizations such as Victim Support Netherlands.
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, so do it in time, 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 arranged faster, even without a criminal procedure.
Is a street ban possible without filing a complaint?
Yes, via the civil court you can apply for a street ban without filing a complaint, for example in summary proceedings. You must prove that you are being harassed or threatened. Legal assistance can be useful here.
Relevant Institutions in Leiden:
District Court of The Hague, Leiden Location
Juridisch Loket Leiden, Stationsweg 46