Offence of Stalking

The offence of stalking refers to persistent communication or physical pursuit carried out in a manner that causes significant distress and fear for safety to the victim.

What is the Offence of Stalking?

Stalking is defined as an offence under Article 123/A of the Turkish Penal Code. In English-speaking countries, it is referred to as “stalking”. The perpetrator of the offence is known as a “stalker”. Pursuant to the first paragraph of Article 123/A of the Turkish Penal Code, if the perpetrator persistently follows the victim physically, or attempts to establish contact with the victim using communication tools, information systems, or through third parties, thereby causing significant distress to the victim or leading the victim to fear for their own safety or the safety of their relatives, the perpetrator shall be sentenced to imprisonment for a term of six months to two years. The second paragraph of the said article specifies the aggravated circumstances of the offence. If the perpetrator commits this offence against their own child, a spouse for whom a separation order has been issued, or a divorced spouse, and as a result of the stalking, the victim is caused to change their school, workplace, or residence, or to quit their job, and furthermore, if a protective measure order has been issued against the perpetrator and the perpetrator fails to comply with this order by approaching the victim's residence, school, or workplace, the penalty imposed on the perpetrator shall be imprisonment for a term of one to three years.

Who is the Perpetrator and Victim of the Offence of Stalking?

The offence of stalking consists of an act or acts where a perpetrator develops an obsession with the victim, persistently and obsessively follows and monitors the victim, tracks them through all kinds of communication tools, including WhatsApp, mobile phone messages, Facebook, Instagram, and all social media sites, causes harassment, sends emails and all types of messages, disturbs the victim's peace through all information systems or by using third parties, and consequently causes the victim to experience anxiety for themselves or their relatives.

Anyone can be the perpetrator or the victim of this offence. A man may persistently stalk someone with whom he has a professional dispute. A woman may persistently stalk a former male partner. Individuals may persistently stalk their former spouses or children. Someone may persistently stalk a relative they do not wish to see. A woman may also persistently stalk another woman with whom she has a dispute. The perpetrator can be male or female, and likewise, the victim can be male or female.

Pursuant to Article 123/A/2 of the Turkish Penal Code, which defines the offence of stalking, if the offence is committed against a child, a spouse for whom a separation order has been issued, or a divorced spouse, it constitutes an aggravated circumstance of the offence. In such cases, if as a result of the perpetrator's actions, the victim has been compelled to change their school, job, or residence, or to quit their job, or if a protective measure order has been issued against the perpetrator and not complied with, the penalty imposed on the perpetrator shall be imprisonment for a term of one to three years.

Therefore, the commission of the offence against one's child or a spouse for whom a separation order has been issued or a divorced spouse constitutes an aggravated circumstance of the offence. However, any victim of stalking not falling within these aggravated circumstances may also file a criminal complaint within the statutory six-month period, pursuant to Article 123/A/1 of the Turkish Penal Code, and initiate the investigation process.

Offence of Stalking Against a Former Spouse and a Spouse for Whom a Separation Order Has Been Issued

The most common instances of the offence of stalking typically involve former spouses and spouses for whom a judicial separation order has been issued.

Many individuals develop an obsession with their divorced former spouses, stalking them physically, tracking them via social media, and often sending messages through mutual acquaintances. Similarly, many individuals may commit the offence of stalking against their spouse despite a judicial separation order being in place.

The offence of stalking is defined in Article 123/A of the Turkish Penal Code. The second paragraph of this article stipulates that if this offence is committed against a person's former spouse, it constitutes an aggravated circumstance of the offence. Similarly, if this offence is committed against a spouse for whom a separation order has been issued, it also constitutes an aggravated circumstance. In this context, if a person has stalked their former spouse, and the victim has been compelled to change their school, workplace, or residence, or to quit their job, or if a restraining order has been issued against the perpetrator prohibiting them from approaching the residence, school, or workplace, and the perpetrator has failed to comply with this protective measure order, the perpetrator shall be sentenced to imprisonment for a term of one to three years. Since stalking against a former spouse constitutes an aggravated circumstance of the offence, it is in the legal interest of the victim to initiate legal proceedings by filing a criminal complaint within the statutory six-month period.

Offence of Stalking Against a Former Partner

A common form of the offence of stalking involves a person stalking their former partner, where the perpetrator follows the victim both in real life and via social media, sends harassing messages through communication tools, and causes distress by sending messages through mutual acquaintances.

The offence of stalking is defined in Article 123/A of the Turkish Penal Code; however, while the second paragraph of this article defines the commission of the offence against a former spouse as an aggravated circumstance, the offence committed against a former partner is not included within this scope. Therefore, in cases of stalking committed against a former partner, investigation and prosecution shall be conducted according to the first paragraph of the said article. Pursuant to the provisions of this paragraph, if the perpetrator persistently follows the victim physically, or attempts to establish contact using communication tools, information systems, or through third parties, thereby causing significant distress to the victim or leading the victim to fear for their own safety or the safety of their relatives, the perpetrator shall be sentenced to imprisonment for a term of six months to two years. In cases of stalking committed against a former partner, it is in the legal interest of the victim to initiate legal proceedings by filing a criminal complaint within the statutory six-month period.

Offence of Stalking Committed Against One's Own Child

One of the aggravated circumstances of the offence of stalking is its commission against one's own child. Indeed, as per Article 123/A/2 of the Turkish Penal Code, if the perpetrator has persistently stalked their own child, and the child victim has been compelled to change their school, workplace, or residence, or to quit their job, or if a restraining order has been issued against the perpetrator prohibiting them from approaching the residence, school, or workplace, and this measure has not been complied with, the perpetrator shall be sentenced to imprisonment for a term of one to three years.

Since the offence of stalking committed against one's own child constitutes an aggravated circumstance, it is in the legal interest of the victim to initiate legal proceedings against the perpetrator by filing a criminal complaint within the statutory six-month period.