Stalking Defense

The crime of harassment, known as "Stalking", punishes those who harass a person insistently and repeatedly, seriously altering the development of their daily life. We are not dealing with threats (no need to announce a future evil) nor coercion (no need to use direct violence). The core of the crime is the obsessive intrusion into someone else's life.

Typical behaviors include: monitoring or pursuing the victim, attempting to contact them by any means (calls, WhatsApp, social media), misusing their data to hire services, or attacking their freedom.

Not all insistence is a crime. For criminal stalking to exist, the Supreme Court requires the stalker's conduct to be of such intensity that it forces the victim to modify their habits. For example: having to change phone number, stop going to certain places, change route to work or need company to go out. As defense, our goal is usually to prove that, although the conduct may have been annoying, the victim continued with their normal life, which downgrades the accusation to a minor crime or penal irrelevance.

Most accusations today are based on digital evidence: massive WhatsApps, creating fake profiles on Instagram/Facebook to bypass blocks, or email 'bombing'. Computer forensics is crucial for defense, either to deny authorship (impersonation) or to demonstrate that communication was bidirectional and consented to previously.