Harassment complaint, what is harassment and consequences

Many people suffer from repeated harassment by a third party, which leads to severe changes in the way they go about their daily lives. In this case, it is essential to take action against the aggressor. The legal formula is to file a harassment complaint. Here we would like to talk to you about everything related to this criminal offence.

What is the crime of harassment?

The crime of harassment in the Penal Code is reflected in article 173. But when is it considered harassment? In this sense, in order for it to occur, the action committed must meet these three requirements:

• Not authorised with legitimacy. This requirement was introduced in order to protect the State Security Forces and Corps, as well as private security professionals, when carrying out their work duties.
• Reiterated and insistent. In other words, it is not enough to commit the action once in isolation.
• It must seriously disrupt the victim's daily life. If the victim has not noticed the action or it has caused mere annoyance, it is not a crime of harassment and stalking.

Examples of harassing behaviour

In order to better define harassment as a crime in the Penal Code, a series of conducts are cited that fit perfectly with its definition. We are talking, for example, about:

• Search for physical proximity. Through surveillance and persecution. When there is a restraining order involved, in addition to this offence, another offence of breach of sentence is committed.
• Purchase of products or contracting of services using the victim's personal data.
• Attacks against the victim's assets or their relatives or against their freedom.
• Repeated attempts to establish contact through any means of communication or using third parties.

But how many calls are harassment? Telephone harassment is quite common. It is not possible to determine a number, but as we said before, they cannot remain a mere nuisance. It is necessary for these calls to disrupt the daily life of the victim for them to be considered as a harassment offence.

The difference between harassment and coercion

Many people confuse the two offences, but the reality is that they are not the same. In fact, there is a Supreme Court ruling that puts the spotlight on this issue.
It states that the aim of the perpetrator of the offence is to restrict the victim's freedom in both cases. However, in the case of harassment, he does not use violence to achieve his objectives. In the case of coercion, he does.

For example, although a complaint of stalking by an ex-partner is perfectly possible, as long as he does not use violence to achieve his ends, it is going to be considered as a type of misdemeanour. It is true that it will unsettle her and make her uneasy, but it will not force her to do something she does not really want to do.

Consequences and penalties

In general, the offence of harassment carries a prison sentence of between 3 and 24 months, as well as fines of between 6 and 24 months. We must also remember that if the victim is vulnerable due to their age, situation or physical or psychological condition, as well as if it occurs in the domestic sphere, we will have to resort to the aggravated case.

On the other hand, it is not uncommon for harassment to concur with other crimes such as, for example, threats, extortion or breach of sentence.

How to report harassment?

The first step is always to gather evidence that the situation is happening. We are talking about, for example, emails, phone call records, screenshots with comments on social networks, photographs, etc. In case the situation has forced the victim to take time off work or to go to medical and/or psychological consultations, it is necessary to request the relevant reports to present them later. If you have witnesses, so much the better.

With all this evidence, go to the National Police headquarters closest to your home. Once there, file a complaint, which will start the judicial procedure. Even if the trial is delayed, there may be the possibility of obtaining a restraining order that will prevent the aggressor from continuing to harass the victim.

Is it necessary to report?

Yes, it is. The reason is that this offence is not prosecutable ex officio, with the exception of domestic offences. This is the case when:
 

• There is a relationship of affection between the aggressor and the victim, whether or not they live together.
• The aggressor is the victim's parent, child or sibling.
• The victim is a person with some kind of disability.
• Any other person who is part of the nucleus of the family cohabitation, even if there are no family ties, can also be the aggressor and victim of harassment.

Conclusions on the crime of harassment

We are sure that by now it is clear that the crime of stalking is intended to restrict the will and freedom of the victim. However, the aggressor never actually uses violence to achieve his goals, which makes it possible to differentiate this action from other crimes such as coercion.

Nevertheless, the criminal action generates uneasiness and concern in criminal terms. It can even be prosecuted ex officio in some situations. For this reason, it is essential to report harassment by telephone or cyberbullying.

To do so with the greatest guarantees of success, it is necessary to gather all possible evidence and have the support of a lawyer. He or she will be responsible for defending the victim's interests when the trial is held and for requesting the precautionary measures that he or she deems appropriate (a restraining order, for example).