Stalking Law Switzerland 2026: Victim Protection Guide

Why Switzerland Finally Has a Dedicated Stalking Law

For years, victims of stalking in Switzerland had to rely on a patchwork of criminal provisions to pursue their attackers. Someone experiencing persistent harassment might invoke articles against coercion, threats, or defamation - but each case had to be built from scattered legal bricks. Proving individual incidents was cumbersome, and the cumulative harm of stalking rarely fit neatly into existing categories.

That changed on January 1, 2026. Switzerland added a dedicated stalking offense ("Nachstellung", colloquially beharrliches Nachstellen) to the Swiss Criminal Code (Strafgesetzbuch, StGB) as the new Article 181b StGB. The Federal Council set the date on 19 November 2025, closing a long-standing gap in victim protection. The provision arrives after years of political debate (parliamentary initiative 19.433) and aligns Switzerland with comparable legislation in Germany (Section 238 StGB) and Austria (Section 107a StGB), as well as the Istanbul Convention (SR 0.311.35), which Switzerland ratified in 2018.

The Scale of the Problem

Federal Statistical Office (FSO) crime surveys consistently indicate that stalking is far more prevalent than reported cases suggest. A significant share of adults in Switzerland experience some form of stalking during their lifetime. Perpetrators are frequently not strangers: in most documented cases the victim knew the harasser personally, often as a former partner. Reporting rates remained historically low because the legal framework offered no straightforward path to prosecution.

Many victims simply did not see a viable path to justice under the old framework, which is part of why the reform took so long to land.

What the Old Law Looked Like

Before 2026, stalking as a distinct phenomenon had no specific offense. Instead, prosecutors would work with whatever fit: Article 181 StGB (coercion), Article 180 StGB (threats), or Articles 173 ff. (defamation). Each individual act required proof. The pattern of behavior - what makes stalking psychologically devastating - did not automatically constitute a crime on its own. Victims had to demonstrate every separate incident as an isolated wrong, which was both legally demanding and emotionally draining.

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What Changes Under the New Law

The new provision in the Swiss Criminal Code brings four fundamental shifts to how stalking cases are handled in Switzerland.

1. Dedicated Criminal Offense

Stalking becomes its own criminal offense for the first time. The provision identifies specific behaviors that can constitute stalking: repeatedly following or monitoring someone; unwanted contact through calls, messages, emails, or social media; ambushing someone at home, work, or other locations; threats and intimidation; surveillance including through digital means; property damage; and spreading false information (the digital dimension commonly called cyberstalking).

2. Clear Penalties

Art. 181b StGB carries a sentence of monetary penalty or up to three years imprisonment. Where stalking is accompanied by separate offenses - for example threats (Art. 180 StGB), coercion (Art. 181 StGB), or physical violence - those can be charged in addition.

3. Prosecution on Complaint, With a Safeguard for Domestic Violence

Stalking under Art. 181b StGB is prosecuted on complaint (Antragsdelikt). Parliament deliberately kept it a complaint offense rather than making it an automatic (ex officio) offense, so the affected person must file a criminal complaint with the police or the public prosecutor for proceedings to begin. There is a filing window of three months from when the victim learns the perpetrator's identity.

To address the concern that complaint offenses can leave people in abusive relationships exposed, the existing Art. 55a StGB mechanism applies in domestic-violence contexts: proceedings can be suspended at the victim's request if that helps stabilise the situation, and can be resumed afterwards - rather than being terminated outright. This gives victims room to decide without losing the option to pursue the case.

4. Simplified Evidence Requirements

In the past, every individual act had to slot into a separate offense. Art. 181b StGB instead targets the persistent course of conduct as a whole, so courts can consider the overall pattern of behavior rather than only a collection of isolated incidents. That matters because the cumulative effect of stalking is what causes the harm, and the old system often failed to capture it.

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When Does Behavior Become Stalking? Legal Requirements

Art. 181b StGB punishes anyone who "persistently pursues, harasses or threatens" another person in a way "capable of significantly restricting their freedom to organise their life". In practice, courts look at several elements.

Repeated, persistent conduct: A single incident, however unwelcome, does not constitute stalking. The behavior must recur over time. Courts examine whether a recognisable pattern exists.

Against the victim's will: The affected person must have made clear they do not want the contact. A clear rejection - ideally documented in writing - helps establish this element.

Significant restriction of daily life: The victim's ability to organise their life must be significantly affected. This covers practical restrictions (avoiding certain routes, changing routines, changing residence) as well as psychological impact.

Suitability to cause that effect: The statute uses an objective yardstick - conduct that is "geeignet" (capable) of significantly restricting the victim's freedom - alongside the victim's own experience of fear or distress.

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Protecting Yourself: Practical Steps

Whether you are concerned about escalating behavior or currently experiencing stalking, concrete steps can make a difference.

Before Problems Escalate

Review your social media privacy settings. Consider how much of your daily routine is visible to the public. Location sharing on smartphone apps is worth reconsidering - many applications request access to your position by default. Think about what personal information you share: your name, address, workplace, and daily patterns are all pieces that make stalking easier for someone with malicious intent.

Strong, unique passwords for each account reduce the risk of someone accessing your digital life. A password manager helps keep track of them without reuse. Enable two-factor authentication for email, cloud storage, and banking.

Start documenting from the first unusual contact, even if it seems minor at the time. Later incidents build on earlier ones, and patterns become clearer with distance.

If Stalking Is Already Happening

Set boundaries clearly and once: a single, unambiguous message stating that contact is unwanted. Choose written communication (email or text) so there is a record.

Do not respond to further attempts after that. Stalkers often interpret continued engagement - even negative responses - as encouragement. Documentation continues to matter, but direct engagement typically does not.

Save everything: messages with timestamps, call logs showing frequency, records of in-person encounters including location and duration, screenshots of social media contact, emails with their full headers intact.

Contact police when documentation reveals a clear pattern of unwanted contact. The new law gives them more tools to act.

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Legal Options When Stalking Occurs

Criminal Procedure

Filing a criminal complaint with police is free under Swiss law. Stalking under Art. 181b StGB is a complaint offense, so prosecution starts once the victim files a complaint - you have three months from learning the perpetrator's identity to do so. In domestic-violence situations, proceedings can be suspended and later resumed under Art. 55a StGB rather than dropped. Penalties can reach three years imprisonment, and any separate offenses (threats, coercion, assault) can be charged alongside.

Civil Law Routes

Beyond criminal prosecution, civil measures offer independent pathways under Article 28b of the Swiss Civil Code (CC).

A contact prohibition (Kontaktverbot) can be ordered by a court. Violation carries consequences under Article 292 StGB (disobedience to official orders), potentially resulting in fines or monetary penalties.

A restraining order (Rayonverbot) prohibits the stalker from approaching within a defined radius of specific locations - typically the victim's home, workplace, or other significant places.

A surveillance prohibition covers digital communication: orders to cease emails, calls, and social media contact.

Police Removal Orders (Cantonal Protection Laws)

Cantonal protection-against-violence legislation provides additional immediate measures. Depending on the canton, police can remove a person from a shared home and issue short-term contact or location bans (often up to 14 days) without prior court approval. These emergency measures typically require subsequent confirmation or extension by a court, but they provide urgent safety in the meantime. The exact duration and procedure vary by canton.

Who Pays for Legal Action?

Stalking cases can involve substantial costs: lawyer fees for consultation and court representation (typically CHF 200 to 400 per hour), civil filing fees, and expert witnesses in complex situations.

Legal protection insurance covers these expenses across most modules (private, traffic, or criminal legal protection). When selecting a policy, examine the covered sum (at least CHF 250'000 is sensible), whether the criminal module is included, whether legal fees are capped, and what the deductible looks like. Comparing options through platforms like Moneyland helps identify coverage that fits your situation.

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Collecting Evidence: A Practical Guide

The burden of proof lies with prosecutors, but victims can substantially help their own cases by maintaining consistent documentation. Courts and prosecutors need a complete, dated chronology.

What to Record

The Stalking Diary

Keep ongoing notes in a format that works for you. Record the date and time of each incident, what occurred, where it happened, who witnessed it, how you responded, and how the event made you feel. This does not need legal language. It needs to be honest and consistent. Courts appreciate detailed, contemporaneous records when patterns matter and the diary also documents the serious impairment of daily life required for conviction.

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Help Resources in Switzerland

Emergency Contacts

• Police emergency: 117
• National victim support hotline (24/7, free): 143 or 0800 040 080
• Women's shelter directory: see aide-aux-victimes.ch
• Swiss FDFA helpline abroad: +41 800 24 7 365

Cantonal Victim Support Centers

Under the Federal Victim Support Act (Opferhilfegesetz, OHG, SR 312.5), victim support counseling centers operate in every canton. These organizations provide free, anonymous and confidential initial consultations and can guide victims through both crisis response and longer-term planning, including:

• Initial psychological counseling
• Legal advice and accompaniment to police and court
• Referral to lawyers, doctors, and therapists
• Immediate aid (emergency housing, basic equipment)
• Longer-term financial support in particular cases

Specialized Support

Men can be stalking victims too - research consistently suggests around 20 to 25 percent of victims identify as male. Men's counseling services are available and appropriate resources for anyone experiencing harassment. LGBTIQ counseling networks and specialized services for victims of sexualized violence are also part of the cantonal support landscape.

Psychological Impact

Stalking frequently causes psychological harm beyond the immediate harassment. Trauma responses, anxiety, and depression commonly accompany prolonged victimization. Professional mental health support helps. Victim support organizations often provide referrals to specialists experienced with trauma, and initial consultations may be covered by cantonal victim assistance programs.

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Cyberstalking: Digital Dimensions of Harassment

Modern stalking increasingly involves digital tools and platforms. Understanding these patterns helps victims recognize and respond to technology-based harassment.

Common Forms

Surveillance software: GPS trackers, keyloggers, or spyware installed on a victim's devices can monitor location, communications, and daily activities. Professional device checks can identify this software - the National Cybersecurity Centre NCSC (ncsc.admin.ch) provides guidance.

Identity theft on social media: Someone may create fake profiles using your name and photos to approach your contacts or post damaging content.

Doxxing: Publishing personal information - your address, phone number, workplace - publicly, often with calls for others to harass you.

Revenge pornography: Sharing intimate images or videos without consent, typically following relationship breakdowns. Switzerland addresses this separately under Article 197a StGB.

Digital Self-Defense

Check devices for unfamiliar applications or unexpected battery drain. Change all passwords if you suspect compromise - email, social media, banking, Wi-Fi router. Enable two-factor authentication wherever available. Set social media profiles to private visibility. Block the stalker across all platforms simultaneously and report doxxing content to platforms and police cybercrime contact points.

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Frequently Asked Questions

When does behavior legally qualify as stalking?

The conduct must be repeated, occur against the victim's expressed wishes, seriously impair the victim's daily functioning, and cause fear or anxiety. A single unwanted contact - even if disturbing - does not meet the legal threshold on its own. Courts look for a recognizable pattern over days, weeks, or months.

Can men be stalking victims?

Yes. Research consistently shows approximately 20 to 25 percent of stalking victims are male. Switzerland's law protects all genders equally. Men's counseling services such as maennerhaus.ch offer confidential initial consultations.

What does filing a police report cost?

Criminal complaints with police are free in Switzerland. Civil proceedings for restraining orders or damages claims involve filing fees and may require legal representation, creating potential costs. Legal protection insurance can cover these expenses, and cantonal victim support often covers initial lawyer consultations.

Can victims claim damages?

Yes. Under Articles 41 ff. of the Swiss Code of Obligations (OR), stalking victims may claim compensation for material damages - such as relocation costs if moving becomes necessary, therapy expenses, or lost income - and immaterial damages for emotional suffering and psychological harm. A lawsuit is only practical if the perpetrator has the means to pay.

What happens if a stalker violates a court order?

Court-ordered prohibitions carry legal consequences. Violations can result in fines under Article 292 StGB, potential pretrial detention for repeated or serious breaches, and strengthening of the original measures, such as expanding restricted zones or extending duration. The standalone stalking offense can also be charged separately.

Is victim support really free?

Yes. Under the Federal Victim Support Act (OHG), initial counseling, brief legal advice, and referral to specialists are free. In financially difficult situations, longer-term therapy or lawyer costs can be partially covered. The condition is recognition as a victim within the meaning of the OHG.

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What the New Law Does and Does Not Fix

Art. 181b StGB closes a real gap. Victims no longer have to stitch together unrelated offenses to pursue conduct that, taken together, caused serious harm. The dedicated offense changes that.

It is not a complete solution. Prosecution still needs evidence, and because stalking is a complaint offense, the case starts only once you file. Protection orders still require court applications, and proceedings take time and resources. What the new framework removes are the structural obstacles that previously made justice hard to reach.

If you are experiencing stalking:

1. Document consistently in a stalking diary
2. Seek support from victim organizations (call 143) and police (117)
3. File a report - free and possible with accompaniment
4. Apply for protection measures under Art. 28b CC and, where relevant, police removal orders
5. Review your insurance and compare legal protection options

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For emergencies: call 117