If you get stalked
- Published 2010.9.17
Recently there are many cases where foreigners become the victim of crimes. This time, I will explain how to deal with stalking.
According to the Anti- Stalking Act, the actions of persistently claiming to meet or waiting for the other to show up are called "Tsukimatoi conduct" (pursuing) and are regulated. Those actions that the law regulated not only limit to waylaying and barging into someone's house but also include unilaterally emailing or continuous phone calls. Other actions that may count as pursuing are demanding to date in the train or public space or one-sidedly showing that they are in intimate relationship. Also this law regulates actions such as sending a message saying that he or she is always watching you, sending trash to home or work place, slandering on Internet, putting a label with slanders written on at home or work place, and doing other sexual activities that puts shame on the another person. Stalking is the action of persistently repeating these kinds of actions and giving uneasiness to the other party. Any personwho commited the crime of stalking will be punished by imprisonment with work of up to six months term or a fine with a maximum of 500,000yen if the victim sues that person by filing a complaint to the police or the prosecutor.
Among the stalking cases, there are many cases that the ex boyfriend/girlfriend or ex spouse are the cause. For example, there are cases when an ex boyfriend persistently come to meet his ex and demand to date again. Such case may count as act of pursuing.
Once the victim reports the police and the police officer judges that it is stalking, the person who is doing the stalking will receive a warning. If the person does not follow the warning, after the police authority does a hearing to the victim and people related, the person will be prohibited to do such actions. For those who ignore the prohibition and continuously repeat the action, the person shall be punished by imprisonment with work of up to 1 year term or a fine with a maximum of 1,000,000 yen by a judgement of the criminal court.
Other than reporting to the police, victims of stalking may also be able to demand compensation for damages if they have property or mental damages. Also there is a procedure called prohibitory injunction (Cease and Desisit), which the court declares an order which prohibits person from continuing proper activity.
If you are going to report to the police or take it to a civil trial, it will be important to gather evidence of being stalked. For example, taking picture of the phone's screen reflecting calling history of threatening(or silent) phone call or recording the phone call will be good. Also, if you get slandered on the Internet or on emails, you should print it out or save the data.
Of course gathering evidence is important, however, immediate help may be necessary for stalking. There are also times when the person doing the pursuing fly into a rage and the situation may get worse. Therefore, if you feel like you are being stalked, consult the closest police office to where you live or where you are being stalked. At the police station, the conference of stalking is in charge by Life Security Division(especially Anti-Stalking Section). By consulting the police, you can get police officer to patrol around your house and receive appropriate advice. Depending on the case, you may rent a burglar alarm or stay at the police station temporary.