The forensic psychiatric evaluation of stalking victim: from “persecutory acts” to psychic damage

Abstract

The ongoing infringement of personal freedom which takes place in cases of stalking can lead to psychological reactions in victims that might even determine psychopathological disturbances requiring proper medico-legal evaluation. Such repeated, intrusive, undesired behaviours have recently been defined by Law 23rd of April 2009, n. 38, which has introduced in the penal code the offence of “persecutory acts”. We are going to discuss the aspects relating to forensic psychiatry of this new penal offence, starting from the analysis of recent verdicts concerning the compensation of non pecuniary losses in a medico-legal light. Afterwards we are going to analyze the methodologic-evaluative prospects of the psychic damage consequent to stalking. We underline the fact that the true crux of the matter is to collect and analyze all information about the negative consequences deriving from the offence, elucidating their seriousness and their compatibility with the harm experienced by the victim. The forensic psychiatrist can often rule out real psychological consequences in the stalking victim, yet he is able to find and describe alterations in the area of feelings and emotions which constitute a damage and a limit to the plaintiff’s possibilities to freely live his / her life. The cogency which is proper of legal medicine and, in particular, of forensic psychiatry, will lead the technical adviser to adequately advise the judge as to make it possible for him/her to get to an objective evaluation of the harm suffered by the victim of persecutory acts.