The neo-criminalization of stalking in the Portuguese legal system

Journal of Forensic and Legal Medicine
Marisa Nunes Ferreira David

Abstract

Despite the theme stalking was only being given attention in the final decades of the 20th century, the truth is that this phenomenon has always existed. It consists in a series of persistent harassment behaviour of which one person is the victim of another, there may exist or have existed a relationship between them or they may be unknown to each other. This behaviour may be of the most varied nature and, frequently, if seen in an isolated form, may appear to be simple acts of courtship and demonstrations of affection, which are not taken very seriously by society. One of the first countries that criminalized stalking was the United States of America, more specifically the State of California, in 1990. Several European countries also included stalking in their legal systems, making it independent of other crimes, especially the crime of domestic violence. In Portugal, this behaviour was criminalized in 2015, described in article 154-A of the Criminal Code, under the heading persecution. The aim of this work is to make a juridical analysis of the article 154-A of the Portuguese Criminal Code, to understand if there was truly the need to create a new type of crime for the behaviour of stalking, or if other previously typified le...Continue Reading

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