Compensation awarded to former wife for husband’s stalking

Compensation awarded to former wife for husband's stalking

The Italian Court of Cassation, in its decision no. 26182/2022, confirms the order to pay compensation of 18,000 euros in favour of the former wife, victim of stalking, issued at first instance and then confirmed on appeal.

The defendant is convicted in the first instance for the offence of aggravated house-breaking, for the offence of aggravated injury and linked by the bond of continuation, sentence increased for the contested recidivism. The defendant is also charged with the offence of repeated violation of the prescriptions issued by decree of the court, prevention measures section. The court also sentences the man to pay damages in favour of the civil plaintiff, to whom it awards 18,000 euros, in addition to judicial expenses.

The Court of Appeal reformed the conviction in part, recognising the continuation of the contested offences and set the judgement at three years imprisonment, confirming the previous decisions.

In his appeal to the Court of Cassation, the man contests criminal liability for the crime of stalking. The defendant does not recognise in his conduct the typical elements of the crime of stalking. Rather, his conduct must be framed as a ‘serious amorous courtship for the sole purpose of re-establishing the romantic relationship without any voluntariness of the offence”. Moreover, he stated,  his conduct did not cause the offended person any of the events envisaged by the provision, and, finally, there was a lack of intent.

Persecutory acts are integrated by conduct that gives rise to undue interference and immediate or mediated interference in the victim’s private life and relationship life, creating an intimidating and hostile climate around the victim, which impairs her psychological freedom.

The judgment is clear in maintaining that the former wife was the victim of real persecution, which caused anxiety and fear also because the applicant did never desist from the conduct.

In case you are victim of stalking from your partner and wish to claim for compensation contact VGS Lawyers at info@vgslawyers.com