Legal Definitions in the EU Member States
In Ireland, stalking is covered under"harassment": any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence. A person harasses another where (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.Observations
Whilst the term stalking is not specifically used, the concept is considered to be encompassed by this harassment provision. The Law Reform Commission of Ireland is currently considering the adequacy of section 10. A discussion or consultation paper is anticipated shortly in relation to their consideration of the provision and it is expected that their paper will also consider whether stalking should be specifically provided for in legislation.Legal Source:
Non-Fatal Offences against the Person Act 1997, Section 10 (1) and (2)
GreeceViolence, JusticeIntimate Partner Violence
In Greece, "domestic violence" is the commission of one of the following offences against a family member (Articles 6, 7, 8 and 9 of this act and Articles 299 and 311 of the Criminal Code):
- Domestic physical injury
- Domestic illegal violence and threat
- Rape and abuse in lewdness (lechery)
- Sexual abuse
- manslaughter by intention
- fatal injury
In the framework of the Domestic violence law, the definition of family or family in a wider definition includes spouses or parents and relatives first and second degree by blood or by marriage and by adoption children. The term “family” includes, where there is cohabitation, relatives by blood or marriage to the fourth degree and persons whose commissioner, court attendant or foster parent are designated as family member, and any minor person who lives in the family. The provisions of this law apply to a permanent companion of the man or the woman and the children, common or one of them, provided they cohabit. They also apply to the former wives and husbands.
Victim of domestic violence is also the member, in whose family was committed manslaughter by intention and fatal injury (Criminal Code, Articles 299 and 311), and the minor who witnessed one of the offenses of domestic violence.
Additionally, in the framework of the domestic sexual abuse, offender is the one who works in social care provider institution when the act is directed against a person, who receives services from that institution.
This act includes also measures for physical violence against a minor as a means of punishment in the upbringing. However, the domestic violence law does not include the former intimate partner violence.Legal Source:
Act 3500/2006Legal provisions on protection orders:
The law describes the legal provisions, the prosecution, the protection orders and provisions for the victim’s assistance.
The use of physical violence or threat by person A to force person B to intercourse or other lewd acts or tolerance of them.Observations
Special circumstance: Anyone with abuse of insanity another or incapacity to resist acting on that intercourse or other lewd acts (Criminal Code, Article 338)Legal Source:
Criminal Code, Article 336
GreeceViolence, JusticeSexual Assault (excl. rape)
Lewd gestures or suggestions regarding lewd acts brutally offending the dignity of another person in the field of sexual life.Observations
- An adult, who via the internet or other means of communication, acquires contact with anyone who has not completed fifteen years, gestures or indecent proposals, offends the dignity of a minor in the field of sexual life.
- Anyone who abuses the insanity or incapacity to resist of another offends the dignity of this person in the field of sexual life with lewd gestures or suggestions relating to lewd acts.
Criminal Code, Articles 337 and 338
GreeceViolence, JusticeSexual Harassment
When any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs with purpose or effect of violating the dignity of this person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.Observations
General "harassment" is when an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of this person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Greek law distinguishes between gender harassment and sexual harassment. The Greek law is called: “Application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation - Harmonisation of existing legislation with Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 and other related provisions (Act 3896/2010)”.This law provides the definitions of harassment and sexual harassmentLegal Source:
Act 3896 of 2010Legal provisions on protection orders:
The law describes the legal protection, the civil, administrative and criminal sanctions and a regulation on the burden of proof
There is neither a legal definition for stalking, nor relevant legislation (however the victim can be protected by other legal provisions e.g. provisions for threat).
SpainGeneral legal definitionViolence, JusticeObservations
In other Spanish regions such as Comunidad de Madrid, Cantabria, Canarias, Comunidad Foral de Navarra, Castilla la Mancha, Galicia, Andalucía, Aragón, Murcia or Cataluña, we can see the existence of acts that develop terms in wider or shorter extension than the National Act does. e.g. In the Cantabrian act , other definitions of gender-based violence such as physical abuse, psychological abuse, economical abuse, sexual assault, sexual harassment to kids, stalking, women trafficking, female genital mutilation or violence against sexual and reproductive health and rights, are taken into consideration. However, other Spanish regions such us Castilla la Mancha, have acts of hardly 3 pages length where none of the definitions written above can be read.
SpainViolence, JusticeIntimate Partner Violence
Article 1. (Organic Act 1/2004 of28 Decemberon Integrated Protection Measures against Gender Violence)
Purpose of the Act
1. The purpose of this Act is to combat the violence exercised against women by their present or former spouses or by men with whom they maintain or have maintained analogous affective relations, with or without cohabitation, as an expression of discrimination, the situationof inequality and the power relations prevailing between the sexes.
2. The present Act establishes integrated protection measures whose goal is to prevent, punish and eradicate this violence and lend assistance to its victims.
3. The gender violence to which this Act refers encompasses all acts of physical and psychological violence, including offences against sexual liberty, threats, coercion and the arbitrary deprivation of liberty."Legal Source:
Organic Act 1/2004 of 28 December on Integrated Protection Measures against Gender ViolenceLegal provisions on protection orders:
Law 27/2003, of 31 July, governing the Protection Order for Victims of Domestic Violence.
When the sexual assault consists of vaginal, anal or oral penetration, or inserting body parts or objects into either of the former two orifices, the offender shall be convicted of rape with a sentence of imprisonment from six to twelve years.Legal Source:
Criminal Code, Article 179Legal provisions on protection orders:
No legal provision
SpainViolence, JusticeSexual Assault (excl. rape)
Whoever offends against the sexual freedom of another person, using violence or intimidation, shall be punished for sexual assault with a sentence of imprisonment from one to five years.Observations
- Criminal Code, Article 180: 1. The preceding conduct shall be punished with prison sentences of five to ten years for assaults pursuant to Article 178, and from twelve to fifteen years for those of Article 179, when any of the following circumstances concur: 1. When the violence or intimidation made are of a particularly degrading or humiliating nature; 2. When the acts are committed by joint action of two or more persons; 3. When the victim is especially vulnerable due to age, illness, handicap or circumstances, except for what is set forth in Article 183; 4. When, in order to execute the offence, the offender has availed himself of a superiority or relationship, due to being the ascendant, descendent or brother or sister, biological or adopted or in-law of the victim; 5. When the doer uses weapons or other equally dangerous means which may cause death or any of the injuries foreseen in Articles 149 and 150 of this Code, without prejudice to the relevant punishment for the death or injuries caused. 2. Should two or more of the above circumstances concur, the penalties foreseen in this Article shall be imposed in the upper half. (Criminal Code, Article 180)
- Sexual abuse: Whoever, without violence or intimidation and without there being consent, perpetrates acts against the sexual freedom or indemnity of another person, shall be convicted of sexual abuse, with a sentence of imprisonment from one to three years or a fine of eighteen to twenty- four months. (Criminal Code, Article 181)
Criminal Code, Article 178Legal provisions on protection orders:
No legal provision
SpainViolence, JusticeSexual Harassment
Whoever solicits favours of a sexual nature, for himself or for a third party, within the setting of a continuous or usual work relation, teaching or service provision relation, and by such conduct causes the victim a situation that is objective and seriously intimidating, hostile or humiliating, shall convicted of sexual harassment and punished with a sentence of imprisonment of three to five months or a fine from six to ten months.Legal Source:
Criminal Code, Article184Legal provisions on protection orders:
No legal provision
In Spain, the term stalking is not defined, but the term “physical harassment” exists, which is “whoever inflicts a degrading treatment on another person, seriously damaging his moral integrity, shall be punished with a sentence of imprisonment of six months to two years. The same punishment shall be imposed on those who, within the setting of any labour relation or the civil service, availing themselves of their superior status, repeatedly perpetrate hostile or humiliating acts against another that, while not reaching the status of degrading treatment, amount to serious harassment of the victim.The same punishment shall also be imposed on those who repeatedly perpetrate hostile or humiliating acts that, while not reaching the statement of degrading treatment, are aimed at preventing lawful enjoyment of a dwelling.”Observations
This term is used for harassment in the working place.Legal Source:
Criminal Code,173.1Legal provisions on protection orders:
No legal provision