Stalking is now understood to mean the persistent following, intrusive harassment and stalking of a person against their will, so that their way of life is seriously impaired. The perpetrator stalks, observes and terrorizes the victim. The background to this is often a failed relationship that the perpetrator is trying to maintain in this way or an attempt to establish contact or a relationship.
"Stalking" takes many forms. Stalkers' behaviors range from unwanted phone calls and written messages to persecution, observation and surveillance to threats, damage to property and acts of psychological and physical violence.
"Stalking" is not uncommon, with women being victims much more frequently than men.
Stalkers come from all social classes and age groups. Around 80% of stalkers are men, predominantly between the ages of 30 and 40. Most cases develop from a previous relationship or acquaintance. Only in about one in five cases is the "stalker" a complete stranger. Stalking is not an illness but an act of violence.
In principle, anyone can become a victim of stalking, regardless of age, gender, profession or religion. However, studies show that around 80% of victims are women. People living alone or separated from their partner have a greater risk of becoming victims of stalking.
At first, the victims "only" feel harassed, but if the stalking continues or the quality and frequency changes, many victims feel increasingly helpless. It is not uncommon for the stalking to significantly disrupt their daily routine.
On March 10, 2017, the amended version of Section 238 StGB "Stalking" came into force. Previously, the victim's life had to be actually impaired for the offence to be committed. Now, stalking is already punishable if the stalker's actions are objectively capable of seriously impairing the victim's life. This enables the police to take consistent action against anyone who endangers the safety of another person and tries to massively impair their way of life.
§ 238 StGB Stalking
(1) A custodial sentence not exceeding three years or a monetary penalty shall be imposed on any person who, without authorization, stalks another person in a manner likely to seriously impair the latter's lifestyle by persistently
- visiting the physical proximity of this person,
- attempting to establish contact with that person using telecommunications or other means of communication or via third parties,
- misuses the personal data of that person
- places orders for goods or services on their behalf; or
- induces third parties to contact them, or
- threatens that person with injury to the life, physical integrity, health or freedom of himself, one of his relatives or another person close to him, or
- performs any other comparable act.
(2) A custodial sentence of three months to five years shall be imposed if the offender puts the victim, a relative of the victim or another person close to the victim in danger of death or serious harm to health as a result of the offence.
(3) If the offender causes the death of the victim, a relative of the victim or another person close to the victim through the offense, the penalty is imprisonment from one year to ten years.
(4) In the cases referred to in subsection (1), the offense shall be prosecuted only upon application, unless the prosecuting authority deems it necessary to intervene ex officio due to the special public interest in the prosecution.