Stalking: the meaning of a crime especially against women

Stalking is a persecution that takes various forms, all determined by an "obsession that wants to make life impossible for the other". Increasingly, in Italy and abroad, stalking has taken the form of a violent man who persecutes a woman, using various means, and unfortunately often leading to femicide, one of the worst plagues in the relationship between the sexes in our contemporary era. .

Stalking: what is it?

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The stalker can be an ex-partner, an acquaintance, a colleague, someone casually known, or, much rarer, a complete stranger. He is a person who carries out an intrusive and nagging behavior. He approaches, intimidates and attempts any kind of control over the victim because his goal is to introduce himself into the life of those who have removed him or who try to keep him at a distance. Stalking can be implemented in various forms: too many sms or messages on social networks or on Whatsapp, too many phone calls, up to threats, stalking under the house, stalking and sending unwanted gifts. from an ex boyfriend or husband, the stalker himself will continually ask for explanations about the end of the story, he will try to remain friends, to be always present, whether you like it or not. The first thing to understand in this phenomenon is that the stalker, who does not he hears reasons, he needs help, but not yours.

All the numbers on femicide and violence against women

Femicide is a plague and a worrying social phenomenon. Being one of the possible derivatives of stalking, it is important to know some data, to be aware and to help change things. Discover all the numbers on femicide in this video.

Crime of stalking: what to do if you believe you are a victim

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The first thing the victim must do is admit the existence of the problem. Moreover, he must not think, especially in the most serious cases, that he can solve it without getting help. We must avoid contact with the stalker, after having explained that he does not want to. have no relationship with him, because every slightest hint will make him hope to still have some chance of regaining a link with the victim. It is important to seek the support and help of a specialized center, an association or directly from the authorities, for this it is necessary keep all evidence (such as messages, emails, gifts and phone calls).Finally, a useful plan must be studied to feel safer: inform relatives, friends and neighbors, have a list of useful numbers to call in case of emergency, change the mobile number giving it only to trusted people or change, if strictly necessary, some of their habits.

When can we speak of an aggravated crime?

The text of art. 612 bis of the Criminal Code it is clear in defining which are the conducts that according to the legislation should be punished more severely than the basic penalty which provides for imprisonment from six months to four years. In particular, the penalty is increased up to one third if the crime is committed by a separated or divorced spouse or by a person who is linked by an emotional relationship to the victim. The penalty is instead increased up to half, if the criminal conduct is committed to the detriment of a minor, a disabled person, a pregnant woman or when weapons have been used or when the stalker has acted with his face covered.

Cyberstalking: when the persecution is online

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In our legal system there is no real definition of cyberstalking: however, this term is used more and more often to indicate the use of the Internet, e-mails, smartphones or other technological devices to harass another person. In recent years, the web has proved to be a fertile ground for such a phenomenon, since anyone with extreme ease is able to communicate and interact with unknown people, being able to rely, if desired, on absolute anonymity. The installation of so-called spyware or key loggers on a victim's computer is just one of the many examples in which cyberstalking can be articulated: in fact, the use of such software (mostly invisible) is sufficient to allow anyone to monitor the Internet browsing of a potential unaware victim, allowing them to track their movements as a real virtual stalking.

Report stalking

In cases where the stalker is caught in the act of crime, an optional arrest is foreseen: it is estimated that only in the first two months from the entry into force of the law on stalking there were 130 arrests, despite the fact that the people reported were at least triple the number . The choice of whether or not to proceed with the arrest is made by the judicial police on the basis of two criteria: the seriousness of the fact and the danger of the subject, which can be inferred from his personality or the circumstances of the affair. In cases where the stalker is not caught in the act, the Judge for preliminary investigations (otherwise known as GIP), at the request of the Public Prosecutor, can order precautionary measures if serious indications of guilt are found together with the well-founded danger of escape, of pollution. evidential or repetition of the crime. In this case, it ranges from the more stringent measure of pre-trial detention in prison to more attenuated measures including the prohibition of approaching the victim or removal from the family home.

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