Harassment: our Firm Pérez Parras Economists & Lawyers Firm in Málaga and Nerja, has been closely following  the new crime of harassment or bullying,  stalking after the last criminal reform of 2015.

Where does violence manifest itself the most?

Curiously, one of the environments where verbal and physical violence manifests itself the most is in the communities of owners. Unfortunately, it is common to see scenes of extreme intolerance and serious lack of respect:

• in public meetings of neighbours,
• or against the president or the property manager

At these gatherings, some neighbours will display excessive violence against those who do not think like them or do not agree with them. They will even attack either other neighbours or members of the governing bodies of their communities of owners.

How will bullying be displayed?

When the complaints of certain neighbours go too far, they can reach the type of crime known as “harassment”. It is punished by the Criminal Code following the last 2015 reform.

Previously, the Pérez Parras Economists and Lawyers Firm defended with success, before the Courts, the rights and interests of clients who suffered these situations, protecting them from crimes such as:

• threats (clear and open statements of wanting to cause harm or evil)
• or coercion (physical violence).

We are now much more protected against this new crime of harassment. Next, we will describe the various situations in more detail.

Harassment: A serious crime considered by the Criminal Code

This is when a neighbour harasses other members of his community through:

• continuous insults,
• frequent phone calls, or
• other behaviour that “seriously alters the development of daily life” of others.

When trying to subdue people’s will and force them to another way of thinking, we face a serious crime. It is currently typified, as we said, by the Criminal Code.

This behaviour in any case is reprehensible and inadmissible.

Different forms of harassment:

This type of harassment can be extended to other areas of neighbourhood or urban relations, such as:

• the harassment of the owner of a home on his tenant, forcing him to leave the house and terminate the lease, with the least possible cost to the landlord.

Such harassment has different forms and different names depending on the area to which it applies, such as:

1. At work (mobbing),
2. At School (bullying),
3. on the Computer (cyberstalking)
4. Real estate (blockbusting).

The attitudes of harassment in communities of neighbours, to focus more on the area we are analysing, come to acquire other dimensions. For example, the case in which a neighbour rented their home to a large gypsy family for 1€ per month, in order to harass and wear out the remaining neighbours to make them leave their property.

First sentence of this crime in 2017:

We were waiting for the first sentence of this type of crime, and in May 2017, it was ruled.  The Supreme Court determined that this type of crime is deemed committed if there is a willingness to extend sufficiently  in time to cause the alteration of the victim’s daily life.

In that case, the stalker sent continuous WhatsApps, made repeated phone calls and text messages; some with sexual content, altering the normal life of the victim.

Consequences:

Therefore, we want to convey that, from these dates and based on this new criminal reform of 2015, neighbours, administrators or community presidents do not have to bear:

1. the stalking attitudes of other neighbours who invade their privacy and alter their normal life.
2. Attitudes sustained over time to impose their will in an antisocial manner.

This crime of harassment is punishable by imprisonment from three months to two years, or a fine of six to twenty-four months.

To incur the crime of stalking, the stalker does not have to openly state that:

• he wants to cause the victim harm, threatening him/her,
• nor does he have to have used direct violence, with coercion,

but through enough repeated behaviour that seriously affects the freedom and feeling of security of the victim by:

• chasing them, watching them continuously, or
• establishing direct communication by any means or through third parties, etc.

Of course, forms of harassment concentrated in a few days which do not alter the normal life and habits of the victim in a serious way, are not enough to be considered by the Court as a crime of harassment.

How long do I have to suffer continued harassment from a neighbour for the judge to consider this a crime of stalking or harassment?

The specialists speak of about two continuous months at least of frequent discomfort (harassment) by another neighbour, and, in any case, at least one month of harassment, as indicated by D. Vicente Magro Servetus in his excellent article which we summarise and expand on some issues here.

To prove these situations before the Courts and Tribunals effectively, it will be necessary to present as proof the emails, WhatsApps received, or through witnesses that accredit and declare the conduct of continued harassment suffered.  It is not necessary to present expert evidence of the state of psychological affectation of the victim. But, basing himself on the previous evidence provided, the Judge will decide the degree to which the victim has been affected in his personal or professional life.

Are you backed up and protected?

From now on, if your neighbour bothers you continuously, constantly knocking at your door, or threatens your property by damaging them (your car, your door, your post box), or chases you through your usual area of ​​movement (your work, your community) or bothers you with insistent calls or messages, you are backed and protected by the latest criminal reform, as your neighbour is committing a clear crime of harassment.

Likewise, if you are the President or Administrator of a community of neighbours and one of them harasses you to achieve their objective, to obtain information that violates the data protection law, apart from what is publicly offered to the Community, etc, Do not hesitate to assert your rights and protect your privacy and restore normalcy in your daily life.

To protect against such harassment, the victim must prove that he repeatedly suffers the continued and non-sporadic attitudes of the stalker, seriously altering his normal or professional life.

We help you!

Therefore, if you find yourself in this situation and need help, do not hesitate to consult our office of Economists & Lawyers in Malaga and Nerja ; as a law firm, we will study your case carefully and we will assist you.