Stalking has always existed, even if it wasn’t called that. The term emerged in the 1990s in English-speaking countries, derived from the verb “to stalk,” a hunting term meaning “to stealthily approach.” After a decline or reduced reporting of stalking cases between 2014 and 2019, the number of reported incidents has been rising again. But what exactly is stalking?
A Common Term Without Clear Boundaries
Everyone knows what stalking refers to, but its precise definition remains elusive. Linguists, psychologists, and criminologists have yet to provide a universally accepted explanation. According to the German Federal Police’s crime prevention initiative, stalking is defined as:
“The intentional and repeated pursuit and harassment of a person in such a way that their safety is threatened and their ability to live freely is severely impaired.”(Source: stalking-justiz.de)
The second part of this definition clarifies the distinction between “excessive interest” and a criminal offense. Since October 2021, legal reforms have simplified the criteria for prosecuting stalking under German criminal law (§238 StGB), making it easier to address as a punishable offense.
Types of Stalkers
The motivations behind stalking—and the associated goals—can be broadly divided into six categories:
- Rejection or humiliation
- Desire for a relationship with the victim
- Revenge
- Erotomania (delusional obsession)
- Sadistic tendencies
- Intellectual limitations
The German Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth has outlined various methods of stalking behavior, their execution, and their legal classification:
| Standard | External Impact | Criminal Acts |
| Questioning the victim’s acquaintances | Defamation
(e.g., to the employer) |
Insults and slander |
| Phone calls, SMS, voicemail messages
Sending emails at all hours of the day and night |
Ordering goods in the victim’s name | Coercion and threats |
| “Expressions of love” such as love letters, flowers, gifts | Presence, following, and lurking
(e.g., near the victim’s home, workplace, or shopping locations) |
Source: wikipedia.de
A significant legal amendment in September 2021 now allows prosecution even if the victim has not yet been affected but if actions are deemed likely to cause harm.
Alarming Statistics and Legal Challenges
For those unaffected, it’s hard to imagine enduring an average of more than two years of relentless external interference in their lives—an irrational force that cannot be reasoned with. This inevitably leads to psychological distress. In Germany, an estimated 600,000 to 800,000 people suffer from stalking annually, with severe impacts on both personal and professional life.
Although criminal law has been adapted to address stalking more effectively, ambiguities in defining the term—highlighted by legal experts—remain unresolved.
What Can Victims Expect From Law Enforcement?
Ideally, victims should encounter investigators who assist them in enforcing state measures such as restraining orders, court-mandated protection orders, or even pretrial detention for repeat offenders. It is crucial that law enforcement and judicial authorities empower victims to take action against perpetrators rather than downplaying their experiences. A dark figure estimated to be 30–40 times higher than reported cases reflects poorly on police as the first point of contact for victims.
