Evaluating Stalking Laws: Insights from Prospective Police Officers and Legal Professionals

• In Event: Gendered victimisation

Abstract

Stalking poses a significant challenge to criminal justice systems worldwide, particularly in establishing a clear and comprehensive legal definition. In Germany, the legal definition of stalking has been revised several times, reflecting the complex and ambiguous nature of the offense. Stalking consists of a series of individually lawful and socially acceptable behaviors (e.g., text messages, phone calls, sending gifts) that become unlawful when combined with persistence, frequency, and intensity. This ambiguity complicates criminal investigations and prosecutions, contributing to a persistent gap between the high number of reported cases and the relatively low prosecution and conviction rates.
This experimental study is among the first to evaluate how police students (n = 212) and law students (n = 149) in Germany assess the sufficiency of current stalking legislation. Participants rated the adequacy of anti-stalking laws as part of a broader vignette-based study. The evaluation considered the participants' gender, occupation, and personal experience with stalking.
The results indicate that gender and personal experience with stalking influenced perceptions of legislative sufficiency. Although participants acknowledged the necessity of specific anti-stalking legislation, they expressed only moderate confidence in its effectiveness.
The findings are discussed in the context of existing literature on the perception of stalking by emphasizing a potential mismatch between the intended legal framework and its practical implementation, highlighting the need for legislative clarity and more effective tools for professionals in the criminal justice system.

Authors

• Benjamin Sklarek, University of Applied Police Science Hamburg

• Lena Posch, University of Applied Police Sciences Hamburg