Detective Investigations in Cases of Stalking

Declining Numbers of Recorded Offences in Munich Indicate Victim Frustration with Authorities

In Germany, a total of 20,464 cases of stalking under § 238 StGB “Pursuit” were recorded in the Police Crime Statistics (PKS) in 2021 – a figure that appears very low to us as detectives in Munich based on our own case experience, but nonetheless represents an increase compared to all statistics since 2015. This trend suggests that at least nationwide, more such reports are gaining recognition by the authorities. For Munich, however, the situation is puzzlingly reversed. At first glance, stalking seems hardly a problem in Munich: According to the Police Headquarters’ Security Report, only 161 cases of stalking under § 238 StGB were “recorded” in 2021, with numbers having sharply declined for years. By comparison, Berlin recorded 1,906 cases over the same period. While the capital has roughly 150 percent more inhabitants than the Bavarian city, the suggestion that there are over 1,000 percent more stalkers there cannot be explained by the larger population or generally higher crime rates in Berlin (13,158 offences per 100,000 inhabitants compared to 5,394 in Munich). Stalking is considered a largely location-independent offence, as it is rarely caused by circumstances such as low income, but rather by problems deeply rooted in the psyche. So why this discrepancy? Most likely, it is statistical nuances: which reports are recorded and which are not. If reports of stalking regularly go unrecorded, victim frustration with investigative authorities rises. Victims feel that they are not taken seriously and not genuinely helped, and eventually may avoid going to the police altogether.

Since 2021 was a year marked by significant restrictions on freedom due to the pandemic, the increase in nationwide stalking cases is likely less a result of more physical stalking than of greater recognition of cyberstalking. Clearly, there is room for improvement in Munich in this regard. Nevertheless, there are avenues of support for stalking victims: On the one hand, there are victim protection organisations acting as representatives of those affected, and on the other hand, commercial providers such as Kurtz Detective Agency Munich (+49 89 7007 4301), which, through their investigations, obtain legally admissible evidence that can prompt the public prosecutor to initiate criminal proceedings.

High Clearance Rate but Few Convictions: Private Detectives from Munich Increase the Evidence Base

The stalking statute § 238 StGB was introduced, amidst some side noise, in March 2007 and underwent an important amendment exactly ten years later: Previously, only an actual “serious impairment of the victim’s life” – such as a forced move or change of workplace as a result of stalking – could justify a conviction. Since 2017, the mere possibility of such impairment is sufficient to fulfil the offence. This represents a significant shift in the burden of proof, at least in theory. In practice, however, the threshold for victims to report their cases to authorities remains high. This is partly due to social and psychological factors: Shame and fear of the opinions of friends, employers, and colleagues prevent many victims from filing a report. Especially when the offender is an ex-partner, a former friend, or even a family member, victims often find it difficult to take legal steps. The practical threshold is also largely attributable to the behaviour of authorities: With a nationwide conviction rate of only 1–2 percent for offenders of stalking (despite an arguably impressive clearance rate of around 80 percent!), there is little reason for complacency – victims simply see no point in reporting. For this reason, many victims turn to our private detectives in Munich, who, through years of experience and various investigative techniques, are able to provide evidence that can lead to the actual conviction of offenders.

Victims are often blamed for having communicated with the stalker, which is interpreted as direct contact interest; this may be true in individual cases, as, of course, there are people who abuse the stalking statute for various reasons. However, deriving a general legal rule from such isolated cases causes injustice on a broad basis. Additionally, many victims fear “retaliation” from the stalker if they learn about police or public prosecutor involvement. The true extent of stalking is therefore impossible to estimate; all existing figures are purely speculative. Our detective agency in Munich is committed to helping stalking victims present evidence that compels authorities to act.

Stalking – Am I Affected?

It is often difficult to draw a line between a persistent admirer and a stalker. However, as soon as the person affected notices that, no matter what they say or do, the flood of love letters, gifts, calls, SMS messages, and even unexpected visits does not stop, it constitutes stalking. The behaviour does not even need to be limited to contact with the victim themselves; many stalkers also approach the victim’s acquaintances or colleagues, interrogate them, slander the victim, cause problems and disputes, and thus destroy social life. Occasionally, our Munich detectives observe that harassment is even extended to unwanted orders placed in the victim’s name. This creates additional psychological stress in the form of bureaucratic tasks such as returning packages or contesting collection notices for unpaid bills.

All these are important warning signs for you as a victim: If you recognise your own situation in the above description, you can assume you have become a stalking victim. It is then important not to withdraw, but to confide in trusted persons, to encourage the police to hold so-called risk-assessment meetings and, if necessary, issue restraining orders, with legal assistance, or, if these measures fail, to involve an experienced investigative agency such as Kurtz Detective Agency Munich. As described above, stalking is often only seriously prosecuted when the victim has already suffered significant harm.

Victims Mostly Female | Offender Fantasies Lead to Dangerous Behaviour

Although one might assume that victims and offenders are evenly distributed across genders, reality is different: Around 80 percent of registered stalking victims are female, while 90 percent of offenders are male. The relationship between offender and victim can vary greatly; in the majority of cases, it is men stalking their ex-partners or former intimate partners due to feelings of rejection. However, stalking can also occur between friends and colleagues; in any case, victims suffer psychologically and, not infrequently, physically. Some stalkers do not hesitate to commit violent acts, especially if they repeatedly experience rejection over a long period. In cases of violent or potentially dangerous stalkers, it is advisable to engage our Munich detectives alongside the police to ensure rapid countermeasures.

Occasionally, the stalker is not an acquaintance or former partner, but a stranger. This is often due to so-called erotomania: The offender believes that there is a love relationship between themselves and the victim, or desires one so obsessively that all boundaries are disregarded. This can manifest, for example, in the victim believing that the loved person sends secret signs of affection through glances, messages, or gestures. Rejection, even openly expressed, is interpreted as a tactic to hide the love. Such cases can also escalate to violence, as exemplified by the attempted assassination of Ronald Reagan, then US President, in 1981: an erotomaniac believed he could impress the actress Jodie Foster, whom he had fixated on since her childhood. These extreme cases demonstrate that utmost caution is required in stalking situations, and that help from authorities, legal representatives, and/or our Munich private detectives should be sought without delay.

Engaging Kurtz Detective Agency Munich: How Detectives Can Assist in Stalking Cases

Regular observation of the victim’s home or workplace, or discreet accompaniment to identify pursuers, can, in the case of an unknown offender, lead to identification of the stalker. Detective accompaniment also has the additional benefit of enhancing the sense of security, as investigators can intervene immediately in the event of a physical attack. If the stalker’s identity is already known and there is sufficient evidence of the offence, direct observation of the offender can also be justified. In both cases, photographic and video documentation of the incidents and of the offender is carried out – a form of evidence collection not provided by the police in stalking cases. Securing fingerprints, for example from threatening letters, is also part of the service portfolio of our private detective agency in Munich.

Are you or someone close to you a stalking victim? Contact our Munich detectives at any time for a free and non-binding consultation regarding our investigative services. We understand the limitations and distress caused by this form of harassment. We are available during business hours from Monday to Friday, 08:00 to 20:00 by email (kontakt@kurtz-detektei-muenchen.de), via our contact form, or by telephone at +49 89 7007 4301.