Because Parliament has failed so far: Urbaniok wants to protect victims of stalking

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At a certain point Nora* couldn’t do it anymore. For years, her ex-boyfriend sent her countless text messages, emails, and voice messages, called her up to 100 times a day, and was always stalking her.

Nora Betschart – whose real name is different – ​​files a report, but a conviction proves extremely difficult. She cannot prove the offense of coercion – and stalking as such is not a criminal offense in itself. But that should now change.

Stalking is rarely punishable

The National Council is currently working on a new bill that explicitly criminalizes stalking. Forensic scientist Frank Urbaniok also launched an online petition in early July to draw public attention to the issue and put pressure on politicians. “It is necessary,” he says.

Nowadays stalkers can only be convicted of individual acts, for example coercion, threats and telephone harassment. However, many acts that seriously affect the victims are not punishable by law.

The forensic scientist gives an example: “Someone can place an order in your name over and over out of sheer malice. You should return these orders three to four times a week and always justify that they are not your stuff. That can put enormous pressure on your life, but there is often little you can do about it.” Statistics from the Stalking Advice Center of the City of Bern from 2021 show: only 27 percent of actions identified as stalking there violate criminal law.

Victims must fight for punishment

If none of the stalking acts are punishable, those affected can only be prosecuted under civil law for invasion of privacy. In the end, Nora Betschart also succeeded in having her tormentor convicted.

The problem: Civil proceedings can hardly be handled without legal representation. Affected people often need a lot of money and time. And the perpetrators only risk fines or restraining orders. “The question is whether fines will deter stalkers from continuing to pursue their victims,” ​​says Urbaniok.

Legislative change is underway

The National Council Legal Commission has recognized the need for action. In May, she submitted a bill for consultation that would make stalking an independent criminal offense. The draft provides those affected with more legal remedies to defend themselves. Offenders risk prison terms of several years.

However, Frank Urbaniok is skeptical that it will really come to that. The Legal Affairs Committee has laid a good foundation with its bill. “Since 2007, however, there have been repeated attempts to do so, all of which have been abandoned,” says Urbaniok. Even now there is resistance: Some lawyers say that stalking is coercive. And some circles fear that innocent flirting could be construed as harassment. Says Urbaniok, “New stalking laws have always failed because of such concerns.”

That is why Urbaniok launched the online petition in July to draw attention to the problem – and to prevent the initiative from getting stuck again. “Stalking can put a lot of pressure on the victims. The state should step in and say: that’s our problem too, not just yours,” says Urbaniok.

The public participation period will run until September 16, 2023. Any person or organization can participate in the process and submit a statement. The law will not come into force until early 2025 at the earliest.

*Last name changed

Source:Blick