The Crime of Stalking

What is Stalking Crime? (Overview)

Stalking is a criminal law concept that we encounter in daily life, especially in relationships with ex-spouses, lovers, fiancés, or neighbors; it arises when one person repeatedly harasses, pursues, persistently calls, sends messages, pressures through social media, or physically follows another person.

Simple "showing interest" or "sending messages" does not constitute this crime. To be considered stalking:

The persistence of the behavior ,
The actions continued despite the victim clearly expressing their discomfort
The victim's peace of mind is disturbed, they experience fear and anxiety, or they are forced to change their daily routine.

Therefore, the legislator has protected not only physical assault but also psychological pressure, feelings of threat, and severe interference with the victim's lifestyle.

The crime of persistent stalking, technically known as "stalking," is defined in the Turkish Penal Code and is now regulated as a distinct type of crime, rather than being patched together with separate offenses such as insult, threat, and disturbing the peace.

Why was stalking regulated as a separate crime?

Stalking has often been taken lightly in the past, normalized with statements like, "He loves her, that's why he's doing it," "It's just jealousy," or "Let him lose interest a bit, then he'll stop." However, many serious cases of violence and even femicide are preceded by prolonged stalking behavior.

Because:

Before the person is physically assaulted,
Only while remaining under a climate of psychological pressure and threat,
for the state preventive and protective mechanism.

With the regulation of the crime of stalking in the Turkish Penal Code:

The victim's psychological integrity and sense of security are protected.
The opportunity for early intervention arises before the criminal chain grows larger
The aim is to create a deterrent effect , especially for women, children, and vulnerable groups

Instead of the "they're just sending messages, what's the big deal?" approach, any behavior that systematically and intensely causes distress and instills fear must now be seriously examined from a criminal law perspective.

Elements of the Crime of Stalking

For an action to be considered "stalking," certain fundamental elements must occur simultaneously. These can be examined under three main headings: perpetrator and victim, the action (material element) , and the result.

1. Perpetrator and Victim

Perpetrator: Anyone can be the perpetrator. There are no restrictions based on gender, age, or marital status. Your ex-spouse, partner, fiancé, neighbor, coworker, manager, school friend, or anyone you know from social media could be the perpetrator of this crime.
Victim: Again, anyone can be a victim. Regardless of gender, age, or whether they are a child or an adult, anyone who is subjected to stalking, whose peace is disturbed, who is afraid, and whose life is altered as a result, is a victim.

The law imposes harsher penalties for persistent stalking, particularly against certain victim groups; for example, stalking committed against a child or a separated/divorced spouse is considered an aggravating circumstance.

2. Material Element: Insistent Behaviors

In stalking offenses, a single act is not enough. What matters is:

The repetition of the behavior ,
The persistent continuation despite the victim explicitly or implicitly stating that they "do not want" it ,
Behter's behavior exhibits a certain continuity; it's not a single, momentary reaction, but rather a systematic pursuit .

Examples of behaviors that could be considered stalking:

Calling multiple times a day, continuing to call even late at night,
Constantly sending SMS, WhatsApp, Telegram, email, and DMs,
Creating new accounts and sending messages even after being blocked on social media,
Frequently visiting the victim's home, workplace, or school, and waiting at the door,
By constantly passing through the same streets, monitoring the victim,
Continuously gathering information and sending messages "without their knowledge" through mutual friends,
Flooding the victim's every post with comments and likes, and writing abusive content.

The critical point here is that the content of the message sent can sometimes be polite, sometimes romantic, and sometimes harsh. What matters is that this intense exchange of messages continues even though the victim doesn't want it

3. Consequences: Disruption of peace, security concerns, changes in lifestyle

The crime of stalking is a crime of consequence . The mere existence of the acts is not sufficient; a specific consequence must occur for the victim. At least one of these consequences must have occurred:

The victim significant distress ,
The victim begins to seriously worry about their own safety or the safety of their loved ones ,
The victim may therefore have to change their daily life; for example:
- Quitting his job,
- Changing schools,
- Having to move,
- Significantly changing his route and routine.

For example, a person forced to quit their job because their ex-spouse waits at their door every day after work is a typical example of the outcome sought by the crime of stalking. Similarly, a victim who moves house because of a neighbor constantly lying in wait at the apartment entrance is also considered within this scope.

The Mental Element: The Nature of Intent

Stalking that can only be committed intentionally . Perpetrator:

Even though he knew his actions were upsetting the victim,
With the aim of "making them give up", "making them regret", "forcing them to return",
Or they act on the principle of "I'll do whatever I want," and continue their actions accordingly.

The perpetrator may sometimes explicitly say, "I won't leave you alone, I'll confront you everywhere"; other times, they may use more innocent-sounding phrases like, "I love you, I won't let you go." However, from a legal standpoint, any aggressive persistence that continues despite the victim's statements of "I don't want this, don't call, don't text, don't come" can be considered an indication of intent.

Discussions about possible intent are also possible. For example, if the perpetrator continues with their actions despite foreseeing that these actions might frighten or disturb the victim, then they will be held liable at least at the level of possible intent.

Aggravating Circumstances in the Crime of Stalking

In cases of stalking, the penalty is increased in certain circumstances. These aggravating circumstances . The main aggravating circumstances that are important in practice are as follows:

The act of stalking against a child:
Because children's psychological makeup is more fragile than that of adults, stalking can leave more lasting effects on them. Therefore, persistent stalking targeting a child is punished more severely.
Stalking, committed against a separated or divorced spouse
, is a common occurrence, particularly in cases of violence against women following divorce or separation. Since stalking can foreshadow future physical violence, increased penalties are preferred in such cases.
that cause radical changes in the victim's life—
such as having to move out, quit their job, drop out of school, or completely change their social circle—are considered aggravated offenses. This is because in this case, it is no longer just psychological distress that is caused, but also a heavy burden on the victim's economic and social life.

In these aggravating circumstances, the sentence determined by the court will be in a higher range; moreover, this situation stands out as a serious factor against the defendant when individualization is applied.

Complaint, Time Limit, and Statute of Limitations in Stalking Crimes

The crime of stalking that depends on a complaint . This means that, as a rule, a complaint from the victim or their legal representative is required for the prosecutor's office to take direct action.

Complaint Period

The victim must exercise their right to complain within 6 months of learning about the crime and the identity of the perpetrator .
Stalking is often ongoing act. Therefore, it is important to know when the actions ended, when the victim became fully aware of the actions, and when they learned the perpetrator's identity.
If the complaint period is missed, no investigation can be conducted, and the case may be closed with a decision of no grounds for prosecution.

Statute of Limitations for the Case

The statute of limitations is subject to general provisions. If a lawsuit is not filed within the statute of limitations period determined according to the nature of the crime, no further trial can take place. Since persistent stalking often a continuous crime , the date on which the act ends becomes important in calculating the statute of limitations.

Conciliation, Competent Court, and Trial Procedure in Stalking Cases

Conciliation

The crime of stalking is excluded from the scope of mediation to prevent the victim from being forcibly brought near the perpetrator or subjected to pressure to reconcile . Therefore:

The prosecutor's office does not send the file to the mediation office
The aim is to reduce risks such as the victim being "forced to compromise".

This situation is extremely important, especially with regard to domestic violence and femicide, because there are serious criticisms that the mediation process often works in favor of the perpetrator and against the victim.

Competent Court

Trials related to stalking offenses are generally the Magistrates' Criminal Court . The nature of the case, the number of victims, the assessment of aggravating circumstances, and the volume of evidence directly affect the court's workload.

Simplified Trial Procedure

Since the upper limit for the basic form of the crime is relatively low, a simplified trial procedure can also be applied if the conditions are met. In this case:

It is possible to make a decision based on the file without holding a hearing
The parties are served with the indictment and evidence; they have the right to submit a written defense within a specified period
However, in qualified circumstances or depending on the specific characteristics of the case, a trial with a hearing may be preferred.

The Relationship Between Stalking and Other Crimes (Insult, Threat, Violation of Domicile, etc.)

The crime of stalking often in isolation ; it is usually committed in conjunction with other crimes. For example:

The perpetrator may be constantly searching for the victim while also saying "I will kill you" (threat)
The messages may contain serious insults (insults),
The perpetrator may be entering the victim's residence without permission or forcing their way in despite warnings not to leave (violation of residential inviolability)
If they are committing a physical assault (intentional injury),
If they are engaging in sexually explicit harassment (sexual harassment).

This creates a problem of concurrence of offenses in terms of criminal law. The general approach can be summarized as follows:

The crime of stalking encompasses systematic harassment and the act of following.
If there are separate acts of threat, insult, injury, or sexual harassment, these constitute separate crimes
The court will evaluate each act separately, applying the rules of actual concurrence of offenses where necessary; that is, separate sentences will be given for different crimes

Conversely, in some cases, the crime of persistent stalking may be intertwined with the crime of "disturbing the peace and tranquility of individuals." In such cases, when the more specific provision regarding persistent stalking is applied, the crime of disturbing the peace and tranquility is not assessed separately.

Stalking from the Victim's Perspective: Rights, Evidence, and Protection Means

A person who is a victim of stalking often first wonders, "Am I exaggerating?" However, the constant feeling of being messaged, called, followed, and monitored significantly reduces a person's quality of life. Therefore, it is very important for the victim to know their rights.

1. Gathering and Preserving Evidence

The first thing a victim should do is document and evidence . For example:

Do not delete phone call logs, take screenshots,
Storing conversations from SMS, WhatsApp, and other messaging applications,
Taking screenshots of social media messages and comments,
Blocking, documenting complaint notifications,
To obtain footage from apartment/building cameras, contact the management
Telling trusted witnesses, "This person is constantly harassing me in this way"; they may need to testify in the future
If possible, consult a doctor or psychologist to have any anxiety, panic attacks, or similar experiences documented.

This evidence concrete story before the prosecution and the court; instead of simply saying "it bothers me," proceeding with details about the date, time, place, and content significantly increases its probative value.

2. Application to the Public Prosecutor's Office and Law Enforcement

The victim can file a criminal complaint with the Public Prosecutor's Office in their place of residence or where the incident occurred . Similarly, they can go to the police or gendarmerie station, explain the situation, and have a report drawn up.

Complaint filed:

By petition,
Alternatively, this can be done by having the oral statement recorded in a transcript.

The petition should clearly state the identity of the perpetrator if known, or describe them as closely as possible if unknown. The dates, times, and locations of the incidents, along with any evidence, should be specified; screenshots, printouts, photographs, camera recordings, and medical reports should be submitted as attachments.

3. Protective Measures and Restraining Orders

Especially in cases involving close relationships such as ex-spouse, lover, or fiancé, the victim can request various protective measures from the family court under Law No. 6284. For example:

The perpetrator should not approach.
Not to approach homes, workplaces, or schools by more than a certain distance
Prohibiting contact through any means of communication (telephone, SMS, social media) ,
If he is carrying a weapon, his weapon will be confiscated.

These measures are implemented much more quickly and independently of criminal proceedings, and immediately provide protection to the victim. In case of non-compliance with the decision, coercive imprisonment may also be considered for the perpetrator.

4. Request for Free Legal Assistance

The crime of stalking has been accompanied by a regulation that strengthens legal assistance for victims. Victims who are in a disadvantaged financial situation, in need of social assistance, or who meet other conditions stipulated in the law can request the appointment of a free lawyer through the bar association's legal aid service or the Criminal Procedure Code unit

In this way, the victim:

This way, they won't be alone during the investigation process
They receive professional support during trials
They can follow the process without losing any rights.

Stalking from the Perspective of the Defendant/Suspect: Defense Possibilities and Outcomes

Many people, acting on the assumption that "I just called, I just said I loved you, I was just curious," may unknowingly commit a crime. Individuals who are suspected or accused of stalking also have certain rights and means of defense.

1. Evaluation of the Persistence Element

One of the most emphasized aspects of defense is persistence. For example:

Correspondence between the parties continued,
The victim occasionally responded, and even agreed to meet
Later, when the relationship deteriorated, the previous correspondence may have been presented as "stalking.".

In such cases, it is crucial to carefully examine whether the message exchange was one-way or reciprocal, the date after which the victim clearly indicated they no longer wished to communicate, and whether the actions continued after that date.

2. Whether the Result Has Occurred or Not

Another point that can be raised in the defense is whether the behavior significant distress and security concerns . Of course, this does not mean belittling the victim's feelings; however, from a legal technicality perspective, "not every disturbance" constitutes stalking.

For example:

A short message sent once a month,
Two calls made a few days apart,

If there is no other intensity besides these, it may not constitute the crime of "stalking." In this case, perhaps other less serious crimes or no crime at all may be considered.

3. Whether there is a lawful communication or relationship involved

In some cases, between the parties:

shared child,
Joint business,
joint debt-credit relationship

This is possible. In such situations, a certain level of communication is unavoidable. For example, matters such as child support payments, visitation hours, or work schedules may require the parties to exchange messages or phone calls. These points can be emphasized in the defense.

4. Determining the Sentence in Case of Conviction

If a conviction is handed down, the court considers the following factors when determining the sentence:

Whether the defendant has a prior criminal record,
Attitudes and behaviors during the trial process (remorse, respectful attitude, etc.),
The severity of the impact on the victim,
Intensity, duration, and form of actions

These are the criteria. If the conditions are met:

Postponement of the announcement of the verdict (HAGB),
Suspension of sentence,
Converting a short prison sentence into a judicial fine

This may also come up. However, especially in qualified cases, when the victim has been severely affected or when the courts have acted contrary to the decisions, the courts may adopt a stricter approach.

Typical Stalking Examples Encountered in Practice

The most common scenarios encountered in cases involving stalking can be summarized as follows:

Stalking by Ex-Spouse/Partner:
After a breakup, under the pretext of "reconciliation" or with the mentality of "they left me, they'll pay the price":
- Dozens of messages every day,
- Don't wait at the door when work is over
- Don't call your friends and put pressure on them,
- Behaviors such as sharing revealing content on social media.
Followed by a Neighbor
: Someone living in the same apartment building:
- Constant monitoring through the window or door peephole,
- Blocking the victim's path in the common areas of the apartment building,
- In elevators, parking lots, and on the street,
- Constant attempts to flirt and force closeness.
Workplace or School-Related Surveillance:
A colleague, manager, or someone from school:
- Sending messages constantly outside of class or working hours,
- Monitoring and exerting pressure on social media,
- Taking and sharing photos without permission,
- Surveillance of the victim in a way that makes it difficult for them to perform their duties.
Following a stranger on social media:
Someone who is only added on social media, or even someone you've never met before:
- Constantly sending DMs,
- Opening new accounts every time he/she is blocked,
- The victim contacting and pressuring their friends,
- Extreme behaviors such as moving to another city and traveling to where the victim lives.

In these scenarios, considering the fear, panic, loneliness, and helplessness experienced by the victim, it becomes clearer how vital a protection against stalking is.

Conclusion: Key Points to Know About Stalking Crimes

Stalking is a special type of crime introduced to protect the psychological integrity , right to a peaceful life , and sense of security of individuals in an era where technology, social media, and communication tools have become intensely integrated into our daily lives

In summary:

We are looking for persistent and systematic behavior , not just one-off incidents
The victim have suffered a serious disruption to their peace of mind, been frightened , or been forced to change their daily routine .
The crime is subject to complaint; the victim must exercise their right to complain within 6 months.
Actions directed against a child, a separated/divorced spouse, or actions that force the victim to move or leave their job/school aggravated offenses and the penalty is increased.
This is outside the scope of mediation; the victim is not forced to reconcile with the perpetrator.
The victim can initiate criminal proceedings and request protective measures by applying to the prosecutor's office, law enforcement, and family court
The suspect/defendant should also have their actions legally assessed in terms of their nature, intensity, and impact on the victim; they should effectively exercise their right to defense.

The crime of stalking is an important tool in criminal law that both protects the victim and aims to prevent potentially more serious crimes. Therefore, it is crucial for both victims and suspects to be fully aware of the elements, consequences, and rights related to this crime, and to seek professional legal assistance.

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