Laura De Fazio

The Legal Situation on Stalking among the European Member States

Stalking became a subject of academic and social concern in Europe in the mid-1990s. Shortly afterwards the issue of legislation became the subject of debate in some countries and in 1997 the United Kingdom was the first European Member State that passed anti-stalking legislation. Denmark constitutes an exception because its Criminal Code of 1933 contains a provision which also deals with stalking. Other States that up to now have passed legislation against stalking in Europe are Belgium, the Netherlands, Germany, Malta, Ireland, Austria and, last in order of time, Italy. Where an anti-stalking law exists, legislators have introduced a new article into the existing Penal Code or have amended an article still in force for similar conduct, or have introduced a specific Act against Harassment or Domestic Violence which is intended to cover not only such conduct but also stalking. In the remaining European countries where an anti- stalking law does not exist, it is possible to prosecute stalking only when the behaviour amounts to crimes prosecutable under other existing norms. This article analyses legal regulations on stalking across European Member States in civil and criminal justice considering specific laws addressing the phenomenon or, alternatively, other laws under which stalking can be prosecuted. In the conclusions some advantages and disadvantages of European anti-stalking laws are discussed and some suggestions are given for future work in order to improve the protection of the victims of stalking.

Criminalization of stalking in Italy: One of the last among the current European member states' anti-stalking laws

This article illustrates the state of knowledge on stalking in Italy from the first scientific review published in 2001 to the recent anti-stalking law, which became effective in February 2009, introducing a new article in the existing Italian Penal Code. In recent years the interest in stalking has increased progressively, such that it is now possible to find official data on the prevalence of the phenomenon in Italy. At the same time, European research activity has moved from the recognition of the phenomenon to analysis of pathways for a victims assessment of stalking risk and enactment of legal regulation. The new law is described and analyzed.

The Impact of Criminalization of Stalking on Italian Students: Adherence to Stalking Myths

Although behaviors that we today identify as stalking have occurred throughout history, the recognition and systematic investigation of stalking are quite recent. Italy’s antistalking law is fairly new, and factors such as cultural myths, stereotypical beliefs, and definitional ambiguities continue to cause problems in the interpretation and recognition of stalking among the general public. This study examined perceptions and attitudes of 2 groups of Italian criminology students at 2 different times, before and after the implementation of Italy’s 2009 antistalking law. The Stalking Attitudes Questionnaire (McKeon, Ogloff, & Mullen, 2009) was administered to samples in 2007 and 2010. Results revealed significant changes in some beliefs and attitudes between the pre- and post-assessments. Interpretation suggests that the combination of Italian antistalking legislation and increased attention to research seem to have decreased students’ adherence to stalking myths.