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9 Eur. J. Crime Crim. L. & Crim Just. 209 (2001)
The Stalking Phenomenon: Trends in European and International Stalking and Harassment Legislation

handle is hein.journals/eccc9 and id is 219 raw text is: Ursula Smartt'
The Stalking Phenomenon:
Trends in European and
International Stalking and
Harassment Legislation
The popstar Madonna experienced it and so did the tennis player Martina Hingis.
The most recent serious case of stalking in Britain led to the brutally calculated murder
of a popular TV presenter, 38 year-old Jill Dando in April 1999.' The film director
Steven Spielberg eventually took his obsessive stalker to the criminal courts.3 The Beatle
John Lennon was an early victim of what would be described as criminal stalking action
today, haunted and brutally killed by the 'fan' Mark Chapman. Ex-Beatle George
Harrison has also recently been a stalking victim; the intruder, who described himself
in court as a 'Beatles-Fan', was stopped by Harrison's wife in early 2000 in their home.
She hit the stalker over the head with a table-lamp in self-defence. Over the past decade,
'stalking' has emerged as a new socio-legal problem. One definition of the stalking
phenomenon is repeated harassing behaviour which is threatening and purposefully
directed at a specific person (the victim), and would cause a reasonable person to
fear bodily injury or death for themselves or members of the family. Criminal offences
related to stalking range from assault (be it physical or mental) to non-fatal offences
against the person to grievous bodily harm with intent, rape, indecent assault or even
murder in the various legislations.
This article will examine German harassment legislation and take a look at the
development in other European countries. Furthermore, Anglo-American, Australian
I. LL.B. MA MPhil, Visiting Professor at the Max Planck Institute for Foreign and International Criminal
Law, Freiburg, Germany, and Professor at Law and Criminology, School of Law, Thames Valley
University, London, UK.
2. The murder trial of Barry George, 41, an ex-Territorial Army paratrooper, then unemployed, began
on 4 May 2001 at the Old Bailey, London. Mr. George was accused of first stalking then murdering
Ms. Dando. Jill Dando had been shot through the head with a single bullet on the doorstep of her
home in Fulham, West London on 26 April 1999. On 2 July 2001, Barry George was found guilty
of Ms Dando's murder by a jury verdict of 10 1. He was sentenced to life imprisonment and subse-
quently appealed against his sentence.
3. Cf. C. Errico, 'Steven Spielberg's Stalker Sent Away', E! Online News (1998) June 27.

European Journal of Crime, Criminal Law and Criminal Justice, Vol. 9/3, 209-232, 2001.
@ Kluwer Law International. Printed in the Netherlands.


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