Handling Stalking Cases in Restorative Justice and Probation Services

Since July 1, 2006, Austria’s so-called “Anti-Stalking Law” (Section 107a of the Criminal Code, offense of “persistent harassment”) has provided better protection for victims of harassment. Also since 2006, NEUSTART’s range of services has included, on the one hand, the implementation of victim-offender mediation in connection with criminal proceedings for persistent harassment and, on the other hand, the support and supervision of clients through probation services.

Handling stalking cases is particularly challenging, as the protection of the victim and the supervision of the perpetrator are paramount, and any encounter between the stalker and the victim that the stalker seeks to initiate must be prevented. In the case of victim-offender mediation, however, consistently preventing encounters between the stalker and the victim may be called into question. This contributes significantly to the skepticism of some victim protection agencies toward victim-offender mediation in stalking cases. This issue receives particular attention in violence prevention counseling, especially when domestic violence is involved. However, NEUSTART has defined specific regulations and standards for handling stalking cases in both restorative justice and probation services to ensure the safety of victims.

Based on this, the study aimed to evaluate NEUSTART’s work with stalking cases in victim-offender mediation and probation services, and to take a critical look at both processes and outcomes. In addition, international experiences in working with stalking cases were researched to gain insights for NEUSTART’s future work. The study’s findings include recommendations for an even more targeted and sustainable approach to handling stalking cases and for further improving interventions in stalking cases.