Stalking and Counter Stalking. Creating An effective Stalking Protocol Help for Victims – Free...

Stalking and Counter Stalking

•http://www.ncvc.org/src/•Creating An effective Stalking Protocol•Help for Victims – Free brochure •Stalking Laws•Stalking Court Cases•Statistics•Resources•Publications•202-467-8700 – [email protected]

http://www.ncvc.org/src/

National Crime Victimization Survey

Stalking Victimization in theUnited States 2009

• During a 12 month period an estimated 14 in every 1,000 persons age 18 or older were victims of stalking – 3.4 million victims

• About half (46%) of stalking victims experienced at least on unwanted contact per week, and 11% of victims said they had been stalked for 5 years or more.

• The risk of stalking victimimization was highest for individuals who were separated or divorced – 34 per 1,000 individuals.

• Women were at greater risk than men for stalking victimization: however, women and men are equally likely to experience harassment.



• The survey measured the following stalking behaviors▫ Making unwanted phone calls▫ Sending unsolicited letters or emails▫ Following or spying on the victim▫ Showing at places with no legitimate reason▫ Waiting at places for the victim▫ Leaving unwanted items - present – flowers in▫ Posting information or spreading rumors about the victim on

the internet, a public place, or by word of mouth.



• To place this estimate in perspective there were about 5.2 million violent crimes - rape/sexual assault, robbery aggravated assault, and simple assault committed in 2005.

National Crime Victimization Survey – US Dept of Justice – Bureau of Justice Statistics - 2009



• Male (37%) and female (41%) stalking victimizations were equally likely to reported to the police.

• Approximately 1 in 4 stalking victims reported some form of cyber stalking such as email (83%) or instant messaging (35%)

• 46% of stalking victims felt fear of not knowing what would happen next

• Nearly 3 in 4 stalking victims knew their offender in some capacity.

• 29% of stalking victims reported the offender waited in places for them

• National Crime Victimization Survey – US Dept of Justice – Bureau of Justice Statistics - 2009



• Males were as likely to report being stalked by a male as a female offender. 43 % of males stalking victims stated that the offender was a female, while 41 % reported the offender was male.

• Female victims of stalking were significantly more likely to be stalked by a male (67%) rather than a female (24%)



• Nearly a quarter of victims stated that they had been stalked at least once a day (16%)

• More than 1 in 4 stalking victims had reported some sort of cyber stalking was used – email, instant message.

• Electronic monitoring was used in 1 in 13 victims. Video or digital cameras were likely as listening devices or bugs to be used to electronically monitor victims – GPS used in about 10%.



• One in seven reported they moved because of the stalking

• The reason the stalking stop – highest perceived reason – the police warned the stalked – (15.6%) about a tenth believed the stalking stopped when they obtained a protective or restraining

• 130,000 reported that they had been fired or asked to leave their job

• Stalking offenders committed identity theft against 204,000 victims



• About 40% reported that they had notified police once regarding the stalking, while 3% contacted the police in excess of 15 times.

• 20% reported the police took no action



• Stalking unlike most crimes because a course of conduct designed to create fear in another person does not necessarily require that the victim come in contact with the offender

• About a tenth of all victims were stalked by a stranger

• 36% of the victims reported the offender had some previous interaction with law enforcement

Cyber stalking and electronic monitoring

Domestic Violence and Stalking• 81% of stalking victims who were stalked

by an intimate partner reported that they had also been physically assaulted by that partner.

• 31% were also sexually assaulted by that partner

National Violence Against Women Survey -2000

Statistics on Stalking

•Victims in 69% of female homicide cases were stalked while in a relationship with their stalker

•Victims in 88% of female homicide cases were stalked after the relationship ended

National Violence Against Women Survey -2000

What is Stalking?

•Stalking general refers to repeated harassing or threatening behavior putting another person in fear.

•Examples?

Stalking

•Can seemingly non-threatening behavior be stalking?

•Can non-criminal acts be stalking?

Are these a threat?

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Context is Everything• The Criminal Justice System is by design and

necessity, incident focused▫What is the intent of the offender?▫What is the meaning of the act to the victim?▫What is the effect of the violence on the

victim?▫What is the context of any given act of

violence?▫Consider the particulars, how much violence,

coercion or intimidation accompanying the violence

Recognizing The Stalking Case

Any time a victim reports

any type of

“harassing” behavior

responding

officers/advocates should be

thinking about the possibility

of stalking.

What About Stalking Can Make It Easy to Investigate?

•Stalking Is a Course of Conduct▫Ongoing Long-Term Same Victim

•Same Offender•Same Locations•Suspects often confess

▫They want to tell how and why they are being misunderstood

What about stalking cases can make it Difficult to Investigate?

•Criminal acts in multiple jurisdictions•On going crime with varying activity levels

over several years•May be hard to see whole pattern•Few witnesses•Little evidence•Law Enforcement response can not

guarantee it will stop

Why do they stalk?

•Rejection•Obsession•Power and Control•Sexual Gratification (voyeurism)•Planning to commit a crime (rapists)

POWERAND

CONTROL

USING COERCION AND THREATS

USING ECONOMIC

ABUSE

USING MALE PRIVILEGE

USING CHILDREN

MINIMIZINGDENYING

AND BLAMING

USING

ISOLATION

USING EMOTIONAL

ABUSE

USINGINTIMIDATION

Multimedia and Technology UnitBarry Warfield EKU Student 1999

Our response….

▫Law enforcement officers should be expected to investigate stalking crimes in a manner that restores the victim’s sense of control and decrease the victims’ anxiety.

▫Safety planning with the victim

Promising Practices: Law Enforcement Response U.S. D.O.J. 2001

Our response….

•Working with stalking victims takes patience. Victims may downplay the seriousness of the behavior and it is your job to determine if a crime has been committed.

•It is a crime built on a series of actions, not one isolated incident, so the case must be built piece by piece like a puzzle.

•Therefore, documentation becomes the most important aspect of building the case.

Love Obsessional

• Involves no relationship between the parties; e.g. fan/ celebrity, unknown admirer in workplace or living environs.

•Most of this stalker’s initial contacts with a target are via correspondence.

•Enhanced risk factors include: excessive number of letters or contact by electronic mail and may state intention or evidence of travel directed to encounter the target.

• ( could last for years)

The Domestic Stalker or Simple Obsessional

•can be the most dangerous type of stalking case

• invariably a male•seems to believe that a tortured relationship

is better than no relationship at all•comes from an abusive childhood• is a control freak•cannot take responsibility for their actions•harbors hostilities towards women•Gathers intelligence about his victim.


•Breaks into the victim’s home

•Cyberstalking

•Watches the victim sleep.

•Will conduct electronic surveillance.


•if the victim attempts to end the relationship the offender will respond with violence

•shrewd and actions are often untraceable•will poison or kill pets•phones anonymous threats•when the offender has lost control he will

stalk this puts him back in control


• Watch for signs of….▫Increasing mobility and proximity▫Increasing their familiarity with the

victim▫Probing, disregarding, or penetrating

victim boundaries▫Using more intrusive methods to access

the victim▫Becoming more controlling or

demanding

Steps You Can Take

•Counter-Stalking: follow the stalker, preferably videotaping his movements in and around the victim’s place of employment, home, family, etc.

•Surveillance on victim’s home/work during hours she normally comes and goes -- videotape if possible.

•Follow the victim to school/work/daycare.•Photograph all vandalism reported by the

victim.

Building Probable Cause

•Police Generated Evidence Collection

▫Surveillance▫Security Video▫Telephone Records▫E-Mail▫Reports of Prior Acts▫Search Warrants▫Interview - Interrogation

Good Offense Report

•Documents stalker’s repetitive behavior•Creates articulation of victim’s fear,

especially when stalker’s behavior would appear non-threatening to most people

•Supports criminal charges (if filed)•Can enhance encouragement for stalker

to plead guilty

•Idaho Coalition Against Domestic Violence Counter-Stalking Kit

Madison, Wisconsin Police Department

“Service of Warning” Stalking Letter

Specialized Investigative Reports

Order of Protection Registry

Spy Cams

CROSSING STATE LINESCROSSING STATE LINES

• Crossing state lines or entering or leaving Indian Country with intent to injure, harass or intimidate an intimate partner…

• …person intentionally commits crime of violence and causes bodily injury...

▫ – 18 USC §2261 (a)(1)

Interstate Travel to commit Domestic Violence

CROSSING STATE LINESCROSSING STATE LINES

•Intent to injure NOT required.

•Maximum penalty:

Life in prison if victim dies

10 years if serious bodily injury or use of weapon

5 years for other crimes– 18 USC §2261 (a)(1)

INTERSTATE STALKINGINTERSTATE STALKING

•To cross a state line with the intent to kill, injure, harass or intimidate another person

▫The defendant places the person in fear of death of or serious bodily injury to, that person or a member of the person’s immediate family.

•Includes cyber stalking – course of conduct (2 or more acts)

– 18 USC §2261 (a)

INTERSTATE TRAVEL TO VIOLATE INTERSTATE TRAVEL TO VIOLATE AN ORDER OF PORTECTIONAN ORDER OF PORTECTION

•To cross a state line with the intent to violate the portion of a valid protection order that prohibits or provides against violence, threats or harassment against, contact or communication with another person.

– 18 USC §2262 (a)(1)

Reo

Recommended reading:Recommended reading:

The Stalking of The Stalking of KristinKristin

By George By George LardnerLardnerBook # - ISBN 0-87113-Book # - ISBN 0-87113-613-9613-9

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