Is stalking a crime? ‘Baby Reindeer’ Obsession Has Legal and Psychological Consequences; understand

The series Baby Reindeer It’s an absolute hit Netflix. Launched in April, the production has already been in the platform’s most watched ranking for three weeks – currently, it occupies the first position in 92 countries, with 22 million views. The plot is based on a true story of persecution suffered by the writer and protagonist of the series, Scottish actor and comedian Richard Gadd.

The repercussion of Baby Reindeer has generated curiosity about the topic. In Brazil, stalking – or simply persecution – is considered a crime and has legal complications. This type of obsessive relationship can also have psychological consequences for the victims. Below, experts answer questions on the topic.

Is stalking considered a crime?

Yes the The crime of stalking is provided for in article 147-A of the Brazilian Penal Codedescribed as the action of “persecuting someone, repeatedly and by any means, threatening their physical or psychological integrity, restricting their ability to move around or, in any way, invading or disturbing their sphere of freedom or privacy”.

The law, which came into force in 2021, provides imprisonment of 6 months to 2 years, in addition to a fine. “There is an increase in the penalty if the crime is committed against a child, teenager or elderly person, against women, and through the involvement of 2 or more people or with the use of a firearm”, explains criminal lawyer Caio Ferraris.

What are the types of stalking?

The law does not provide for types of stalking, but stalking can happen in person, through an intermediary, digitally, among others. “It is often associated with other crimes and misdemeanors (such as threats, disturbing the peace, etc.)”, explains Ferraris. “In the case of physical violence, the agent will be responsible not only for stalking but also for possible bodily harm or even another more serious crime”, he details.

How to identify if you are being a victim of stalking?

To identify whether you are being a victim of stalking, the keyword is repetition. In other words, “if the agent is repeatedly seeking contact or is present in the same places as the victim, in a threatening and invasive way”, points out Ferraris.

What measures should be taken by victims of stalking?

The victim, when feeling persecuted, should seek out public security agents and a trusted lawyer to be properly guided, says Ferraris. The general recommendation is to register a police report. “It is important to highlight that the police investigation of stalking depends on the active will of the victim, within the 6 month period in which the author is aware. Once this period has expired, the agent will no longer be able to prosecute for those specific facts”, highlights the criminalist.

What is stalking from the perspective of psychology?

According to Wimer Bottura, psychiatrist and psychotherapist at the Institute of Psychiatry of the Faculty of Medicine of the University of São Paulo (IPq-FMUSP), stalking is a manifestation often linked to emotional issues, such as low self-esteem, and disorders such as personality, love or pathological jealousy. In this case, women are more frequent victims, persecuted by jealous partners or ex-partners who imagine they have some right to possess them.

For Patrícia Gomes, psychologist and PhD in Psychology/Psychoanalytic Studies from the Federal University of Minas Gerais (UFMG), stalking can be understood, in psychoanalysis, as an illusory attempt at “narcissistic completeness”, in which the subject seeks something that will lack in the object of desire.

In the digital culture we live in, it has become common to use the verb “stalk” to express that one frequently follows a certain person’s posts on social media – but there are limitations in the virtual environment. “There is a certain safe distance on these platforms, as you are not seeing the person in their everyday lives, just what they show. This opens up space to imagine what you would like them to be, which is a full plate for stalking “, understands the psychoanalyst.

The relationship can become increasingly complex, and the ‘stalker’ starts to want to enter the life of the ‘stalked’ person. “This guy becomes so attached to something that there comes a time when he needs to separate himself in some way. And then he enters this process of aggression towards the object he desires”, says Patrícia. Therefore, the situation can become dangerous.

What could be the psychological consequences for a victim of stalking?

The psychological consequences for a victim of stalking are “terrible”, in Wimer Bottura’s assessment. “The person finds themselves with no way out, because wherever they go the stalker is behind them. They become cornered, frightened, fragile. They don’t sleep or eat properly. It’s something that depresses them and even makes them lose confidence in other relationships”, he points out.

For the psychiatrist, the victim’s previous fragility, and factors such as fear of loneliness, can make them more vulnerable to stalkers’ approaches. “There is often a naivety to believe in the false kindness of the persecutor, to feel attracted and deceived by his initial sympathy”, he analyzes. Therefore, it is difficult to take the step of seeking a resolution through legal means and psychological support.

“There is a certain ambivalence. It’s as if the victim wants some of that, he has a masochistic and defenseless side. It’s a complex therapeutic process”, points out Bottura. Portraying this ambiguous reaction is an important part of Baby Reindeer. “The protagonist shows a fixation on understanding what makes his stalker interested in him. He is a completely broken person, he feels very devalued, unloved. She then returns the feeling of being desired, which he doesn’t find in his relationships, and that’s why he continues in this unhealthy dynamic with her”, highlights Patrícia.

How to welcome a victim of stalking?

It is necessary to welcome the victim of stalking with understanding and respect their time. Different from that depicted in Baby Reindeerin which the obsession comes from an initially unknown person, many cases of stalking happen to close people, who are part of the victim’s life.

“Many depend financially and even emotionally on the stalker, it’s a difficult thing to get rid of. Therefore, the person may resist defending themselves. You need to listen to them and strengthen them, with a lot of affection, protection, without criticism, until she decides to leave”, says Bottura. An interesting measure, he indicates, is group therapy work, in which people in similar situations can support each other.

As for the psychological treatment of the person who practices stalking, Bottura believes it to be a complicated process, since the person, despite causing the other person to become ill, does not perceive themselves as ill. “That’s why the existence of the law that criminalizes stalking is very important to protect victims and lead them to treatment, as well as the stalker, who may accept the possibility of treatment”, highlights the psychiatrist.