NCJ Number
188318
Date Published
2000
Length
10 pages
Annotation
This article discusses how the presumed essence of stalking is reflected in the laws of a number of countries; the Netherlands is used as an illustration of the process of considering and developing stalking legislation; conclusions are drawn about the desirability of various types of remedies for stalking behavior.
Abstract
Legal definitions of stalking are reviewed for the United States, the United Kingdom, and Western-European countries. The differences between stalking behavior in the United States and Western-European countries are influenced by the comparative ease with which lethal weapons can be obtained in the United States. This means that American victims of stalking may have a heightened fear of a stalker compared to European victims, given the American victim's likely assumption that the stalker has a lethal weapon. U.S. laws thus place more emphasis on the fear aspect of stalking. A major section of this paper considers the process whereby the Netherlands is deciding whether or not a separate statute that distinguishes behaviors labeled as "stalking" is a necessary addition to existing Dutch criminal laws. The author, who represents the Institute for the Study of Criminality and Law Enforcement in the Netherlands, is of the opinion that the law can be restricted to covering the essence of stalking behavior and does not require specification concerning the various types of stalkers. One distinctive benefit of anti-stalking laws, notes the author, can be the provision to take the suspect into preventive custody; this can be useful in cases that carry the risk of escalation. The paper advises that more research is needed on the essence of stalking and on the applicability and appropriateness of various legal and non-legal remedies. 20 references