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Stalking
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“Stalking” is the intentional and repeated or persistent harassment or pursuit of another person against that person’s explicit wishes, severely interfering with that person’s right of self-determination. Pursuant to Sec. 238 StGB [German criminal code], this comprises the following aspects:
- Seeking physical closeness
- Making contact (by phone, various other means of communication, social media or third persons)
- The abusive use of personal data (publications under false name, ordering merchandise, etc.)
- Threats targeting the victim and persons close to the victim
- Use of violence
Unlike bullies, stalkers seek to maintain or establish a relationship of some kind with the victim; bullying, on the other hand, seeks to exclude the victim; but there are borderline cases that cannot be clearly assigned to a given category.
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Independently of what further steps may be initiated, it is useful to document instances of stalking, including the location, date/time, a description of the incident and possible witnesses. In addition, potential “evidence” should be secured, for example, printing and saving messages and emails or photographing incurred damages. Insofar as possible, the victim should refrain from engaging the stalker in his or her attempts at making contact.
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- Women’s and Equal Opportunity Officers (“Frauen- und Gleichstellungsbeauftragten“) (also serves as the point of contact for men who are affected by stalking)
- Consultative Council (“Vertrauensrat”) (primarily in cases of sexual coercion and violence)
- Staff Council/Representative for the Severely Disabled (Personalrat/Schwerbehindertenvertretung) in borderline bullying cases
- Legal department (check of stalking characteristics)
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