Stalking: how to identify and what to do when you are a victim of stalking

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Practice only became a crime in 2021 and it can be difficult to recognize its characteristics, especially when the author of the persecution is unknown. Stalking: understand what this crime is, know how to identify and see how to report Hundreds of messages or calls from the same person. Invasive comments on social media. Fake profiles that accompany your routine, that of your family or friends. Notice that a person is always at the same place and time as you. These are just a few signs of a series of situations that may indicate that someone is a victim of stalking (or “persecution”, in English translation). Stalking is nothing new, but social media has facilitated and amplified the reach of criminals. Practice became a crime only in 2021, when it was included in the Penal Code. Even though stalking is a very old practice, it can be difficult to recognize that you or someone you know is the victim of stalking in order to report the criminal and stop the violence. Check out, in this report, the main warning signs and what to do when you are a victim of stalking. See how and when to report stalking, a crime of persecution Daniel Ivanaskas/G1 How to identify? According to lawyer Gisele Truzzi, a specialist in digital crimes, the main characteristic of this crime is repetition: “repeated persecution is the first warning sign”, she explains. She explains that stalking consists of a series of behaviors that, occurring repeatedly, hinder any form of freedom for the victim – from not feeling comfortable posting content on social networks to being afraid to walk down the street. The ways in which harassment can occur are varied. However, it is worth mentioning: many messages from the same person on several occasions, even signaling that he does not want to have that contact; many back-to-back calls; comments, mainly with a negative content, in publications made on social networks; the stalker can create fake profiles on social networks to follow what you post if blocked; family members and/or friends begin to be followed by the stalker or the same fake profiles; the victim realizes that someone is always in the same places and times as you; the victim receives comments that show that that person has seen you or knows about your routine, such as saying exactly what clothes you were wearing or a photo of something of yours or a place you’ve been. Other similar situations may indicate stalking, but the main point is that they will always occur repeatedly, on several days, at the same time or at different times. In addition, Gisele points out that stalking is usually associated with other crimes, such as threats, extortion or psychological violence — all situations that frighten the victim and can restrict their freedom. What to do? According to the lawyer, it is essential to have proof of the persecution in order to demonstrate, during the process, that the victim’s story is true. “Save emails, posts on social networks, take prints (screenshots) of messages or record phone calls. You have to store everything and never delete the evidence”, she points out. For this, the most common method is precisely the screenshot of what is received online. However, Gisele points out that the prints, although valid, can be questioned in court and, in such cases, undergo expertise to prove their authenticity. The lawyer explains that there are two other means of reinforcing this evidence, so that it is not contested. The first — and safest — is to perform a notarial act, which is a process in which a certified notary writes, in a document, what he is seeing, what can be done with these proofs. Gisele comments that the notary is a person of public faith and, therefore, with a certification that he is seeing a message from the stalker, for example, there can be no disputes during the process. However, this is a more expensive option and may be considered for more serious cases, such as threats. The alternative to this, for the lawyer, would be for the victim to produce a digital report of the content produced or sent by the stalker on a platform that uses blockchain technology. There are some sites that offer this service for a lower price and, as the registration is done and verified by a third-party and impartial platform, it has more legal value than a print by itself. In addition to recording the evidence, Gisele also points out that it is important to seek a lawyer, preferably focused on digital crimes, so that additional measures can be taken. Each victim will have their own procedural path, taking the most appropriate judicial measures for each situation, but it should be noted that the process can follow two main paths: civil; criminal. 1 ️ ⃣ In the civil process, the victim can file an obligation to do, explains Gisele. In this action, it is possible to ask the Justice that the stalker be prohibited from trying any kind of contact with the victim, including the creation of fake profiles on social networks. If, after the court order, the criminal makes contact again, either physically or virtually, he will be subject to legal punishment, to be decided by the judge. It is also possible, with a civil suit, to file a claim for compensation for moral damages for all the damage suffered by the victim. In both cases, it will be necessary to prove the persecution and, therefore, the importance of recording the evidence. 2 ️ ⃣ Already in the criminal process, the lawsuit seeks to punish the criminal, with a sentence that can range from six months to two years of seclusion and a fine. Therefore, it is necessary to go to a police station – preferably the Digital Crimes Police Station or the Women’s Police Station, in cases where the crime is committed by someone with whom the victim was romantically involved – and open a police report so that a police report can be filed. police inquiry. During the investigation, the victim must present all the evidence and may be called to give testimony on different occasions. With the conclusion of the investigation and, if the police indict the stalker, the process follows the legal means and is forwarded to Justice to be judged. In addition to the trial – which can end with different penalties depending on the case -, in situations where the victim is a woman and the crime is linked to romantic relationships, it is possible to request an urgent protective measure so that the criminal does not approach and try contact. To do so, simply request the measure from the police station or the Public Prosecutor’s Office. In all cases, Gisele points out that, for people who do not have the financial conditions to hire a lawyer, it is possible to resort to the Public Defender’s Office or to organizations that provide legal assistance for free or at affordable prices. How to act if the stalker is unknown? Stalking can also start from an anonymous person and, in these cases, part of the process is different, with the objective of discovering the identity. It is necessary: ​​to record all evidence, as well as in cases where the stalker is known; with the help of a lawyer, file a civil lawsuit against the platform through which the stalker harasses the victim, in order to obtain an IP break; with the IP data, file a civil lawsuit against the internet provider of that IP, which will provide all the necessary personal data; with all the information in hand, start the process against the stalker, whether in the civil or criminal sphere. It is also possible to break IP and personal data through a police inquiry, by taking the case to the police station, but the process can take a little longer. The Public Defender’s Office and organizations can also help people without financial condition to bear the costs of proceedings in these situations.

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