Stalking, also known as harassment under Dutch law, involves the repeated and deliberate infringement on another person's privacy. This can manifest in forms such as following someone, unwanted contact via phone or messages, or showing up unannounced.
When is Conduct Considered Stalking?
According to Article 285b of the Dutch Criminal Code, stalking must meet certain criteria:
- Repetition - Conduct that repeats over a longer period
- Deliberate action - The perpetrator is aware of their actions
- Violation of privacy - The victim feels seriously restricted in their freedom
- Intent to intimidate - The aim is to instill fear or exert pressure
Examples of Stalking Behaviour
- Constantly calling, sending messages or emails (also via different accounts)
- Unwanted appearance at someone's home or workplace
- Physically or digitally shadowing someone
- Leaving unsolicited gifts
- Seeking contact via mutual acquaintances
- Posting messages or photos on online platforms
Maximum Penalty
For stalking, a prison sentence of up to 3 years may be imposed. In case of repetition or if there is a threat involved, the penalty may be heavier.
Reporting Obligation
Stalking falls under complaint offences. This means that the Public Prosecution Service can only act if the victim files a police report and explicitly requests prosecution. This report must be filed within 12 months after the last incident.
Measures such as Street and Contact Bans
The court may impose additional penalties or measures, such as:
- A prohibition on contact with the victim
- A prohibition from approaching certain locations (for example, home or work)
- A broader area ban
Civil Law Options in Utrecht
Victims in Utrecht can also request a contact or street ban through a civil procedure (summary proceedings). This process can often proceed faster than a criminal case. Contact the Juridisch Loket Utrecht at Catharijnesingel 55 for advice, or visit the Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1 for more information on procedures.
Frequently Asked Questions about Stalking in Utrecht
When is behaviour considered stalking?
Behaviour qualifies as stalking (harassment) if it repeatedly and deliberately violates someone's personal space, with the intention of causing fear or exerting coercion. A single action is often not sufficient; it must be a pattern, such as constantly seeking contact or following someone.
What should I do if I am being stalked in Utrecht?
Go to the police as soon as possible to file a police report, since stalking is a complaint offence. Preserve evidence such as messages or photos and consider applying for a street ban through a civil procedure. Organisations such as Victim Support Netherlands also offer help and guidance.
What is the deadline for reporting stalking?
You have 1 year after the most recent stalking act to file a police report. After this period, the Public Prosecution Service can no longer initiate prosecution. So do not wait too long and seek help from the Juridisch Loket Utrecht if you are in doubt.
What distinguishes a criminal from a civil contact ban?
A criminal contact ban is imposed after a conviction as part of the penalty. A civil ban can be requested by yourself via summary proceedings and often provides faster protection, even without a criminal case.
Can I apply for a street ban without filing a police report?
Yes, in Utrecht you can apply for a street ban through the civil court without filing a police report. This can be done via an expedited procedure (summary proceedings) if you can demonstrate that you are being harassed. A lawyer can assist you with this.