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Courts can now order that a potential hazard must wear an electronic shackle.
Doris Binda, member of the executive board of the Frauennottelefons Winterthur, knows many victims of stalking. She describes the change in the law, which will come into effect on January 1, and which is intended to provide better protection for victims of bullying, as follows: “It is comparable to a permanently installed radar box on the side of the road – I will not race through there.” The threat of an ankle cuff serves as a preventive measure so that a rayon ban can be observed.
Ankle cuff records approach
The electronic tape on the arm or on the ankle of the potential perpetrator sends signals to the judicial authorities if the victim comes too close and does not comply with an order from the court to keep a certain distance.
Often these are former partners who do not accept the separation and stalk their ex-wife. For the women affected, this electronic ankle or bracelet is a great relief, says Binda. A victim no longer has to prove himself that her persecutor has not complied with the condition. “Everything is recorded.”
Up until now, the victims of stalking had to report to the authorities when the perpetrator had again put flowers in front of the front door. The victims had the permanent obligation to bring the evidence. Not anymore. A Stakling victim could now file a civil suit that the persecutor would leave him alone. “In the case of very stubborn stalkers, ankle cuffs are now used to passively monitor where they are.”
Control only during office hours
Passively monitored means that an employee of the judicial authority checks the reports sent by the bracelet. He checks whether the perpetrator adheres to the court’s requirements and does not come too close to the woman. In the canton of Zurich, for example, an employee of the judicial authority checks these reports twice a day.
However, this passive monitoring is only planned throughout Switzerland during office hours – and this is exactly what Pia Allemann, co-manager of the advice center for women against violence in marriage and partnership, criticizes.
Because if a dangerous person gets too close to his victim on Friday evening, for example, this will only be determined by the authorities on Monday. Therefore: “The shackles according to civil law are not suitable for dangerous criminals,” emphasizes Allemann.
When is surveillance needed?
Your counseling center advises more than 2000 victims of violence in marriage and partnership every year. Nevertheless, Allemann assumes that only a few stalkers will wear such a bracelet for the time being. “It takes time for legal innovations to become established in practice.”
For the first time, the courts have to grapple with the question of how much stalking a perpetrator has to be monitored electronically – not an easy task for judges.