
Legal Q&A
Q
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I have been stalked for several months now by a man I got to know at a private academy. He keeps calling and sending unpleasant remarks by message. However, at first, I did not even want to see such messages, so I deleted them immediately every time I received them. Now, since I cannot bear it anymore and want to report the stalker, is it possible to recover the deleted text messages?
reporting a stalker
Answer
Published:
Author : ChanWoo JEONG
When reporting a stalker, securing evidence is very important.
As in the situation you described, if you have deleted materials that could serve as evidence, a significant portion can be recovered through digital forensic techniques.
This is because, even after deletion, data remains for a certain period on smartphones, messenger apps, the cloud, and the like.
Accordingly, a digital forensics expert can analyze the file system, log records, server integration records, and the like to confirm some or all of the deleted messages.
However, the important point here is that the integrity of the recovered evidence (that the restored data has not been altered) and its sameness (that it is identical to the original) must be proven, and it can be used as legal evidence only when it is collected through lawful procedures.
In addition, you should note that if an individual arbitrarily attempts to recover deleted files, the data may be damaged.
To this end, it is advisable to entrust the digital forensics to an expert, and during the forensic process, you must follow the procedures of preserving the original device, preparing a professional analysis report, and submitting the evidence.
In addition, besides text message evidence, collecting materials such as statements from people around you and CCTV footage that recorded scenes of the perpetrator actually coming to find the victim will be helpful in the police investigation.
Deleted text messages, too, have a high possibility of being used as legal evidence through forensics, and when reporting a stalker, collecting additional evidence in advance in accordance with lawful procedures can be an effective way to respond.

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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

YoungKon CHO
T. 070-7510-2014
Experience as Head of the Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/Sex Crimes/Drugs
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