Learning Unit 7: Stalking and D.V.-CRJ 461

The Link Between Stalking and Domestic Violence

Learning Unit 7

A mini content lecture designed as a supplemental learning resource for CRJ 461 by Bonnie Black.

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Unit Learning Objectives

Explain the relationship between stalking and domestic violence.

Describe stalking dynamics.

Explain why stalking victims play a role in building evidence and list ways they can do it.

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Voice of a Stalking Survivor

“The more I gave in to his pleas to meet or talk with him, the more power he had over me, even though he made me believe I was the one in control.”

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What is Stalking?

•Course of conduct that places a person in fear of safety

•Specific behavior which is repetitive

•Unwanted contact- directly or indirectly communicates a threat- creates fear

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How Common is Stalking?

•3.9 million adults stalked annually.

•3 of 4 are stalked by someone they know.

• 60% of female victims and 30% of male victims are stalked by an intimate partner; 10% by a stranger.

Source: http://www.ncvc.org/SRC/ - National Center for Victims of Crime; as noted in Katrina Baum et al., "Stalking Victimization in the United States," (Washington, DC: BJS, 2009)

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Is Stalking Dangerous?

66% of female homicide victims were stalked prior to their death.

“According to data gathered by the Center for Problem-Oriented Policing, 81% of females stalked by an intimate partner are physically assaulted by their stalker and 31% are sexually assaulted.”

Source: National Center for Crime Victims as cited in MacFarlane et al., “Stalking and Intimate Partner Femicide,”

Homicide Studies 3, no. 4 (1998): 300-16) & National Crime Prevention Council, http://www.ncpc.org/programs/catalyst-newsletter/catalyst-newsletter-2009/volume-30-number-11/stalking-a-new-study-sheds-light-on-a-crime-that-repeatedly-terrorizes-its-victims

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Who is the Victim?• Mostly women – Approximately 75%

of stalking victims▫ Women have greater stalking risk

than men▫ Men and Women have equal risk for

harassment▫ Equal reporting to police

men = 37%, women = 41%

• Every walk of life

No

Discrimination

Source: “Stalking Victimization in the U. S.” Bureau of Justice Statistics, January 2009; http://www.ovw.usdoj.gov/docs/stalking-victimization.pdf

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“Cyberstalking”

•Use of the internet, email, electronic communication devices and other technology.

•Targets victims through chatrooms, message boards, discussion forums and email.

•1 in 4 stalked with some form of technology*▫83% used email▫35% instant messagingSource: “Stalking Victimization in the U. S.” Bureau of Justice Statistics,

January 2009; http://www.ovw.usdoj.gov/docs/stalking-victimization.pdf

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Examples of Cyberstalking

• Threatening or obscene e-mail• Spamming• Leaving improper messages on message

boards or guest books• Sending electronic viruses• Sending unsolicited email• Electronic identity theft

NOTE: Technology is also used to find victim, their friends and relatives; identify personal information, employment, etc.

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Stalkers Come in All Shapes

“The most frightening thing was he would tell me very personal information that no one else would have known. It made me feel paranoid that he was watching me all day.”

Stalking Survivor

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Who Are Stalkers?• Prior criminal, psychiatric,

substance abuse history• No single psychological or

behavioral profile• No boundaries• Can be anyone• Women stalked by intimate; men by

acquaintance• Mostly male – particularly in intimate

situations• Majority seek to re-establish or initiate

a relationship

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General Stalking Characteristics

•Above average intelligence•Low self-esteem•No or few personal relationships•Obsessive personality•Lack of embarrassment/discomfort •Sociopathic thinking•Violent-prone

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Stalker Type: Simple Obsessive

• Prior intimate relationship; typically male stalker

• Abuse during relationship – D.V.• Relationship Discord

- Victim ended it- Stalker hopes for reconciliation; domestic stalker represents 75 to 80%* of all stalkers- Wants to get back at victim

• Shorter stalking period but dangerous- Threats and violence- Suicidal- Targets others

*Source: http://www.umich.edu/~sapac/info/stalking-pdf/stalking-types.pdf

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Stalker Type: Love Obsessional• Minimal or no relationship at all; stranger

or movie star• Long-term stalking period• Stalker creates “fantasy” of special

relationship; idealizes victim and invents relationship- any contact reinforces stalker- wants victim’s attention- can result in threats and violence- represents 20 to 25% of stalkers*

• Extreme Cases Called – “Erotomania”*Source: http://www.umich.edu/~sapac/info/stalking-pdf/stalking-types.pdf and image from http://www.tvtrendblog.com/21/tv/fire-david-letterman/

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Stalker Type: False Victim

•Stalker fabricates evidence to convince others they are being stalked

•Motivated by:- re-establishing relationship using

sympathy- seeks out attention

•May be delusional or irrational

•Only 2% of stalkers

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Length of Stalking Period64% = One year or less (40% less than 6

months)10% = Five years or longer

46% experienced at least one unwanted contact per week.

Source: “Stalking Victimization in the U. S.” Bureau of Justice Statistics, January 2009; http://www.ovw.usdoj.gov/docs/stalking-victimization.pdf

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Stalking Laws in Arizona

•Harassment A.R.S. 13-2921

•Aggravated Harassment A.R.S. 13-2921.01

•Stalking A.R.S. 13-2923

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Harassment A.R.S. 13-2921•Intent to harass or with knowledge•Specific person•Causes reasonable person to be

seriously alarmed, annoyed or harassed

•Conduct does seriously alarm, annoy or harass

Class 1 Misdemeanor

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Aggravated Harassment A.R.S. 13-2921.01

• Harassing conduct combined with certain conditions:▫a valid O. P. or Injunction against the person▫Class 6 Felony

and/or

• Person has previously been convicted of 13-3601▫ involves same victim▫Class 5 Felony

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Stalking A.R.S. 13-2923•Intentionally or knowingly engages in

course of conduct and conduct either:

- causes reasonable person to fear for own safety or that of immediate family and that person in fact fears- Class 5 Felony

or

- causes reasonable person to fear death of self or immediate family and that person in fact fears- Class 3 Felony

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Interstate Stalking Act

“…crime for any person to travel across state lines with intent to injure or harass another and places that person or a member of that person’s family in a reasonable fear of death or serious bodily injury.”

Refer to FBI

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False Assumptions about Stalking•Only happens to celebrities.

•Victims exaggerate and overreact.

•Little police officers can do with no physical evidence at scene.

•O.P./Injunctions will stop the behavior.

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Natural Reactions of Stalking Victims

•Deny problem      •Bargain with stalker•Anxiety sets in; never knowing

when or what they will do next•Exhaustion follows; depression•Blame self•Angry; do anything to make

stalker go away•Acceptance

Source: E.S.I.A. (Ending Stalking in American); http://www.esia.net/Victim_Reactions.htm

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Voice of a Stalking Survivor“Many people and police officers tend to believe you're fabricating, overreacting, or that it's simply too bizarre to be real. If only that were true. All of a sudden tires on my vehicles were slashed, damage to my home, unwanted gifts, flowers, pictures and decapitated dead animals were left at my door or sent by other means, not to mention the hundreds of phone calls, and threats on my life. Simple things in life, that many take for granted, were soon taken from me. I could no longer answer my phone or drive in my car without constant fear…….

Source: E.S.I.A. (Ending Stalking in American); www.esia.net/My_story.htm

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ContinuedI couldn't meet family members or friends…..

Although I was fortunate to have support from family and friends, I started pulling away for fear that the stalker would take revenge on them. A stalker only sees other people as an obstacle in his/her way and will stop at nothing.  There were times my stalker would make threats to kill whoever he saw me with. In essence, stalking is more than just harassment and threats - it's an act of terrorism that a victim faces every hour of every day.”

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Criminal Justice Response Needs to be Victim Centered

•Collaboration and mutual cooperation•Open communication•Sharing•Commitment to common goal•Recognition of danger and continual focus

on safety•Sensitivity to victim’s frustration, fear and

anger

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Importance of Victim Relationship in C.J. Response•Victim documentation proves “course of

conduct” and “series of acts.”•Repetitive acts require victim to build a

case and collect evidence.•Victim collaboration and communication

key.•Need good victim relationship to preserve

evidence; traditional crime scene may not exist.

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Voice of a Stalking Survivor

“Stalking victims don't have the physical bruises to show.  Day after day they are mentally raped. Can pictures prove their anguish or their fight to survive?  No.  Are their stalkers there when the police arrive?  No.  Almost every stalking victim you speak with will tell you the same thing.  It would have been much easier if he/she had just shot and killed me than the hell I went through or no one would believe me, especially officers."Everyone thought I was the crazy one."

Source: E.S.I.A. (End Stalking in America); www.esia.net/

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Examples of Victim’s Role in Case Building• Keep a detailed journal• Log all phone calls/messages; save tape

recordings • Print all emails; save electronically• Proper opening, touching and packaging

of all mail, notes, etc.• Take pictures• Follow-up/document all flower deliveries• Call police; insist report be written

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Example of Case Building

“….so many small things happened to me. I had totally convinced myself that none of these would be relevant but I still documented….. In the end my journal proved to be one of the most important items in prosecution of my stalker…. Was my journal worth the time I put into it. Absolutely!”

Actual Victim Statement

Source: E.S.I.A. (End Stalking in America); www.esia.net/

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Example of Case Building

“Carry a small cassette recorder in your car. There were so many times, while I was driving that I would see something that instantly reminded me of something that I had forgotten about…. I paid $9.95 for mine. A small price to pay when it came to proving it in court.”

Actual Victim Statement

Source: E.S.I.A. (End Stalking in America); www.esia.net/

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Increasing Victim Safety

• No contact with stalker• Tell others• Change routines• Don’t answer phone• Obtain O.P./Injunction• All keys are accounted for; change locks• Car in garage/lighted area• Lock all outside electrical/phone boxes and gates• Keep a cellular phone• All utility accounts coded with password• Don’t throw personal items in trash or post on web• Provide pictures to co-workers/family, if stalker known• Security system

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Voice of a Stalking Survivor

“During sentencing, on March 11th, 1999 Judge Keppel stated; "the emotional trauma suffered by the victim in this case was emotional rape, the defendant is a danger to society.  In my opinion the victim was right; these were continual acts of terrorism.  For anybody to have to live through this period of time that she lived through, with these types of activities affecting her everyday life, these are acts of terror."

Source: E.S.I.A. (End Stalking in America); www.esia.net/My_story.htm

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ConclusionStalking often occurs when a

domestic violence victim leaves the relationship; can increases risk of homicide.

Stalking is repetitive and a pattern of behavior.

25% of victims are cyberstalked; most using email as the method of choice.

Law enforcement and stalking victims need to work together to preserve and build evidence.Note: Some segments taken in part or modified from Stalking Law Enforcement Training

materials developed by Mesa Community College in conjunction with a VAWA grant.