Stalking Investigations

Thanks to the new stalking law, victims no longer have to prove that the harassment severely restricts their lives in order to initiate criminal prosecution against the stalker. Previously, courts typically only intervened when the harassed person had to, for example, move, change jobs, or in the worst case, go into hiding and change their name. Years of harassment and stalking – often directed at ex-partners, close acquaintances, or colleagues – went unpunished; this is finally set to change. Lawmakers hope that faster convictions of stalkers will lead to improved victim protection.

Our private detectives in Berlin welcome this long-overdue legal amendment, as not only many victim support organisations such as the White Ring, but also we ourselves, repeatedly encounter requests for help from people suffering psychological and sometimes even physical consequences of stalking. If you are personally affected, we are happy to assist you in gathering evidence against the perpetrator: +49 30 2016 9221-0.

The Hope: From Perpetrator Protection to Victim Protection

Perpetrators can now be convicted even if no severe impairment of the victim's life is currently evident, as long as it is objectively plausible. "An actual occurrence [of a significant impairment of life management] is no longer necessary for prosecution," states the legal text. Heiko Maas, the German Minister of Justice, aptly said: "It is not the victims who should be forced to change their lives, but the stalkers."

The previous penalty of up to three years in prison is retained under the new law, giving victims hope that after months or years of psychological terror and fear for their safety, they can finally lead a somewhat normal life again. Far too often, as our Berlin detective agency’s experience shows, perpetrators previously went unpunished despite clear evidence or received trivial penalties. Written or digitally documented forms of telephone, SMS, and email harassment, as well as witnessed stalking at the victim’s residence, in the city, and at their workplace, previously were often only sufficient to obtain a restraining order, but not to punish stalkers for their offenses.

Perpetrators could continue their normal social and work life undisturbed, while victims sometimes lost friends and jobs due to psychosis, anxiety, or stress. Dutch researchers Kamphuis and Engelkamp even found that stalking victims are subjected to the same mental and physical stress as survivors of a plane crash (Source: Stalking & Justice).

Majority of Victims Are Women

Statistics and the experience of our private detectives in Berlin show that victims are predominantly (approximately 80 percent) female, perpetrators are usually male, and in 80 percent of cases, there is a direct relationship between the perpetrator and the victim (friends, colleagues, ex-partners, clients, etc.). This high percentage of women among the victims is likely a reason why many cases are never reported, let alone prosecuted. Women are often dismissed as hypersensitive or overly emotional; they are accused of paranoia and attention-seeking when they confide in friends or employers and recount their experiences.

Prejudices and Misinformation Obstruct Prosecution

The justice system often appears powerless or even unwilling: many of our clients report cases where they were discouraged from filing a complaint or their report was refused – illegally, as police officers are obligated to take every report, regardless of personal opinions, as long as the account is not completely nonsensical and does not fail to constitute a criminal offence. Legal assessment lies with the public prosecutor, not the police. Yet many officers dismiss stalking cases, claiming that little can be done and that it is better to settle privately – as if stalking were some kind of personal domestic dispute. The investigative thoroughness of many public servants in this regard leaves much to be desired, and our clients have experienced similar issues with other criminal offenses.

The investigators at our Berlin detective agency expressly distance themselves from such dismissive, insensitive, and misinformed behavior; for us, it is absolutely standard that in every single stalking case, the victim and their well-being have the highest priority, and that investigations into the perpetrators must begin as quickly as possible. Victims are under extreme stress, which can quickly affect and limit all areas of daily life, including social, work, and personal relationships. Investigations and surveillance can gather court-admissible evidence, enabling victims to secure just punishment for the perpetrator in the event of prosecution.

Huge Discrepancy Between Reports and Convictions under § 238 StGB (Harassment)

Looking at stalking statistics and prosecution rates, one might suspect a major numerical error. Example: Of the 26,848 reports filed in 2010, a suspect was known or identified in 80 percent of cases (21,698), yet only 748 cases (3.7 percent) led to charges, and a mere 414 cases (1.9 percent) to convictions. In other criminal areas, conviction rates are up to 15 times higher. These alarmingly low clearance and conviction rates are likely the main reason why police-recorded stalking cases have sharply declined since 2007, as there is no logical reason for an actual decrease in harassment offenses despite increased public awareness. In 2007, 29,273 police-recorded cases existed; by 2015, this number had dropped to just 19,704 – nearly 10,000 or one-third fewer cases. Our Berlin detectives are confident that this decline reflects victims’ frustration with the justice system rather than a real drop in stalking incidents.

Given a conviction rate of less than 2 percent, victims have historically had little reason to turn to police or prosecutors, facing time-consuming and stressful bureaucratic processes along with doubting looks and disbelief. A realistic chance of convicting the perpetrator seemed almost impossible. Clients of Aaden Detective Agency Berlin often regard our detectives and their work as a last resort to prove that their cases are genuine and not the product of paranoid, overly sensitive, or neurotic minds. It is to be hoped that in the future, many more affected individuals – those who previously suffered in silence – will approach the justice system and/or competent private detectives, as the new stalking law promises fairer treatment for victims and harsher penalties for perpetrators.

Are You Being Stalked? Aaden Detective Agency Berlin Can Help.

If you are among the 600,000 to 800,000 people in Germany (estimated dark figures) who are regularly stalked, harassed, or threatened through psychological terror or any form of stalking, by intrusive and potentially violent ex-partners, colleagues, clients, acquaintances, etc., contact our private detectives in Berlin with confidence. By gathering court-admissible evidence, we help you secure restraining and, if necessary, contact prohibitions, as well as lay the groundwork for criminal prosecution of the stalker. For a free, non-binding consultation, you can reach us Monday to Friday from 08:00 to 19:00 at +49 30 2016 9221-0.