The Stalkers Amongst Us:The Stalkers Amongst Us:Historical, Clinical and Legal Historical, Clinical and Legal

ChallengesChallenges

Roberto Sebastian, MDRoberto Sebastian, MD

Pamantasan ng Lungsod ng MaynilaPamantasan ng Lungsod ng MaynilaCollege of MedicineCollege of Medicine

Ospital ng Maynila Medical CenterOspital ng Maynila Medical CenterNovember 18, 2010November 18, 2010

““Stalking is an old behavior Stalking is an old behavior but a new crime.”but a new crime.”

Meloy 1998Meloy 1998

Historical PerspectiveHistorical Perspective

Genesis 39- Joseph Genesis 39- Joseph and Potiphar’s wifeand Potiphar’s wife

Galen and PlutarchGalen and Plutarch works of literature works of literature

such as the such as the Decameron of Decameron of Boccacio. Boccacio.

Historical Perspective (Psychiatry)Historical Perspective (Psychiatry)

First described in 1838 by Esquirol in First described in 1838 by Esquirol in Maladies Mentales. Maladies Mentales.

The erotomanic delusion The erotomanic delusion first Kraepellin (1921)first Kraepellin (1921) Hart (1921)Hart (1921) Spitzka (1889)Spitzka (1889) De Clerambault (1921/1942) with his De Clerambault (1921/1942) with his

classic work, Les Psychoses Passionalle.classic work, Les Psychoses Passionalle.

Celebrity stalkersCelebrity stalkers

Margaret Mary Margaret Mary Ray Ray

David Letterman

DefinitionsDefinitions

Webster dictionaryWebster dictionary to “pursue or approach a game, an enemy, etc. to “pursue or approach a game, an enemy, etc.

stealthily as from cover.” stealthily as from cover.” Pathe and Purcell Pathe and Purcell

defined stalking as a course of conduct in defined stalking as a course of conduct in which one individual inflicts on another which one individual inflicts on another repeated unwanted intrusions and repeated unwanted intrusions and communication, to such an extent that the communication, to such an extent that the victim fears for his or her safety. victim fears for his or her safety.

Melloy Melloy “ “ the willful, malicious, and repeated following the willful, malicious, and repeated following

and harassing of another person that threatens and harassing of another person that threatens his or her safety.” his or her safety.”

Prevalence of StalkingPrevalence of Stalking

the National Institute of Justice and the the National Institute of Justice and the Center of Disease Control and Center of Disease Control and Prevention 1997Prevention 1997 nationwide telephone survey involving nationwide telephone survey involving

8,000 U.S. men and 8,000 U.S. women 8,000 U.S. men and 8,000 U.S. women 8 percent of women and 2 percent of men 8 percent of women and 2 percent of men

have been stalked at some time in their have been stalked at some time in their lives; lives;

an estimated 1,000,970 women and an estimated 1,000,970 women and 370,990 men are stalked annually. 370,990 men are stalked annually.

PrevalencePrevalence Most stalking cases involved perpetrators and Most stalking cases involved perpetrators and

victims who know each other; 23 percent of all victims who know each other; 23 percent of all female victims and 36 percent of men are stalked female victims and 36 percent of men are stalked by strangers. by strangers.

There is a strong link between stalking and other There is a strong link between stalking and other

forms of violence in intimate relationship: 81 forms of violence in intimate relationship: 81 percent of women who were stalked by current or percent of women who were stalked by current or former partners were physically assaulted and 31 former partners were physically assaulted and 31 percent were sexually assaulted by sexual percent were sexually assaulted by sexual partners.partners.

50% reported to the police 25% led to arrested 12% prosecuted

Duration and Nature of StalkingDuration and Nature of Stalking The duration of stalking varied from 4 weeks to

20 years (median=12 months).

The most common method of communicating was by telephone (78%, N=113)- Rejected stalkers

62% Letters were sent by 94 (65%) –intimacy seekers

Unsolicited gifts were sent by 69 stalkers (48%)

Spurious legal actions=12 stalkers (8%)

Threat and Violence

More than half of stalkers threatened More than half of stalkers threatened their victims prior to their assaulttheir victims prior to their assault

Resentful/Rejected stalkers more Resentful/Rejected stalkers more likely to threaten their victimslikely to threaten their victims

Previous convictions related to Previous convictions related to property damageproperty damage

Past history of substance abusePast history of substance abuse

Psychiatric ComorbiditiesPsychiatric Comorbidities

Purcell, Pathe et al. 1999 Purcell, Pathe et al. 1999 N: 145 Forensic Psych clinic in Victoria, N: 145 Forensic Psych clinic in Victoria,

AustraliaAustralia 62 (46%) with Axis I diagnosis62 (46%) with Axis I diagnosis

70% Delusional disorder70% Delusional disorder 19% Schizophrenia19% Schizophrenia 3% bipolar3% bipolar

75 (51%) with Axis II Personality Disorders75 (51%) with Axis II Personality Disorders 25% Substance related disorder25% Substance related disorder

Impact on VictimsImpact on Victims

Mullen Mullen N:100 victims of stalkingN:100 victims of stalking

83% of the subjects developed increased 83% of the subjects developed increased anxiety, 37% fulfilled the criteria for anxiety, 37% fulfilled the criteria for Posttraumatic stress disorder (PTSD) and Posttraumatic stress disorder (PTSD) and 18% had PTSD like symptoms. 18% had PTSD like symptoms.

58% of subjects received threats, 58% of subjects received threats, 34 were physically assaulted34 were physically assaulted All but six made (94%) major changes in All but six made (94%) major changes in

their social lives, with 53% changing their social lives, with 53% changing employment and 39% emigrated. employment and 39% emigrated.

Impact on VictimsImpact on Victims

Approximately 10% of victims acknowledged recent suicidal ideation

1 in 8 having strongly considered the possibility of taking their own life in themonth prior to the survey.

Impact on VictimsImpact on Victims

Sheridan (2001) Sheridan (2001) in United Kingdom, 95 self-defined victims of in United Kingdom, 95 self-defined victims of

stalking completed a 46-item questionnaire stalking completed a 46-item questionnaire relating to their experience. relating to their experience.

Nearly 44% said that they have altered their Nearly 44% said that they have altered their behavior in such taking a different route to behavior in such taking a different route to work, stop going out alone in public, changed work, stop going out alone in public, changed telephone number and had moved out from telephone number and had moved out from their houses.their houses.

22% said they moved either to another 22% said they moved either to another country or overseas in an attempt to escape country or overseas in an attempt to escape their stalkers. their stalkers.

CyberstalkingCyberstalking2001 Congress Report on Stalking and Domestic 2001 Congress Report on Stalking and Domestic

Violence ReportViolence Report

- cyberstalking refers to the use of Internet, e-- cyberstalking refers to the use of Internet, e-mail, and other electronic communication devices mail, and other electronic communication devices to stalk another person. to stalk another person.

- e-mails, chat rooms, fax machines, cell phones, - e-mails, chat rooms, fax machines, cell phones, text messaging and electronic bulletin boards text messaging and electronic bulletin boards (blogs). (blogs).

CyberstalkingCyberstalking

In an exploratory study of 339 In an exploratory study of 339 students in University of New students in University of New Hampshire, approximately 10-15% of Hampshire, approximately 10-15% of students reported receiving e-mail or students reported receiving e-mail or instant messages “that threatened, instant messages “that threatened, insulted or harassed,” and more than insulted or harassed,” and more than 50% received unwanted 50% received unwanted pornography. pornography.

Why Cyberstalking?Why Cyberstalking?

The Internet has become a useful tool for stalkers The Internet has become a useful tool for stalkers as the nature of anonymity allows the stalker to as the nature of anonymity allows the stalker to exercise power and control over the victims. exercise power and control over the victims.

Some cyberstalkers obtain victims online, encouraging Some cyberstalkers obtain victims online, encouraging others to contact the victim or even harm them. others to contact the victim or even harm them.

Cyberstalkers take ease in communication and able to Cyberstalkers take ease in communication and able to gather personal information of their victims which led gather personal information of their victims which led to an increase sense of control primarily through fear. to an increase sense of control primarily through fear.

Furthermore, as with physical stalking, online Furthermore, as with physical stalking, online harassment and threats may lead to a more serious harassment and threats may lead to a more serious behavior such a physical violence. behavior such a physical violence.

David Caruso, CSI Miami

Victims among health providersVictims among health providers

Doctors and healthcare professionals are at greater risk than the general population of being stalked, particularly by their patients (Pathe´ et al, 2002; Purcell et al, 2005b).

6-10% of mental health providers were stalked (sandberg, 2002; Galleazi, 2005)

Victims among health providersVictims among health providers

Health providers sympathy and attention are easily reconstructed as romantic interest.

Lead to increasing stress, fear, helplessness and disenchantment (Sandberg et al, 2002).

PsychodynamicsPsychodynamics

Intense reaction to shame and Intense reaction to shame and rejectionrejection

Defense against humiliation, loss and Defense against humiliation, loss and sadness by setting up a narcissistic sadness by setting up a narcissistic rage towards the love object which rage towards the love object which thereby maintain the fantasy love.thereby maintain the fantasy love.

Types of Stalkers Types of Stalkers

Purcell et. al 1999Purcell et. al 1999 Rejected Rejected Intimacy SeekersIntimacy Seekers Predatory’Predatory’ Resentful Resentful IncompetentIncompetent

Zona 1993Zona 1993 Erotomanic Love obsessional Simple obsessional

Rejected StalkersRejected Stalkers Rejection of a relationship,

most frequently an ex partner. (N=41) estrangement from the mother (N=2) a broken friendship (N=6), disrupted work relationships (N=3)

Rejected stalkers often shows a complex mixture of desire for both reconciliation and revenge.

The majority of the rejected stalkers had personalitydisorders, although nine had delusional disorders, five involving morbid jealousy.

Intimacy Seeking StalkersIntimacy Seeking Stalkers The central purpose of the intimacy-seeking stalkers was to

establish a relationship, but several were prey to jealousy, and a number became enraged at their would-be partner’s indifference to their approaches.

49 stalkers were seeking intimacy with the object of their unwanted attention, whom they identified as their true love.

Twenty-seven had erotomanic delusions and believed that their love was reciprocated; 20 of these had delusional disorder of the erotomanic type five had schizophrenia, two had mania.

The remaining 22 intimacy-seeking stalkers “morbid infatuations” (15) personality disorder (7) who persisted in their pursuit without

absolute certainty of eventual success.

Incompetent StalkersIncompetent Stalkers incompetent stalkers acknowledged that the

object of their attention did not reciprocate their affection, but they nevertheless hoped that their behavior would lead to intimacy

included intellectually limited and socially incompetent individuals whose knowledge of courting rituals was rudimentary

a sense of entitlement to a partner but no capacity, or willingness,to start by establishing some lesser form of social interaction.

Resentful StalkersResentful Stalkers Resentful stalkers stalked to frighten and distress the

victim.

Pursued a vendetta against a specific victim

Example: man stalked a medical practitioner who he believedhad failed to diagnose his wife’s cervical cancer.

General sense of grievance and chose victims at random. Example: a stalker persistently pursued a young

woman because she appeared, when glimpsed in the street, to be attractive, wealthy, and happy when the stalker had just experienced a humiliating professional rejection.

Predatory StalkersPredatory Stalkers Sexual attackers; Predatory stalkers predominantly had

paraphilias and were more likely than all other diagnostic groups to have previous convictions for sexual offenses

These men took pleasure in the sense of power produced by stalking, and there were elements of getting to know their victim and rehearsing, in fantasy, their intended attack.

Such stalking could be prolonged before they either attacked or were apprehended.

One predatory stalker sought help after reaching the point of equipping an isolated house, acquiring ether and ropes, and being poised to abduct the victim.

INTERVENTIONINTERVENTION

CLINICAL CLINICAL

LEGALLEGAL

INTERVENTIONSINTERVENTIONS

Intimacy Seeking StalkersIntimacy Seeking Stalkers Intensive Psychiatric managementIntensive Psychiatric management

Psychotropic medsPsychotropic meds Counseling (assertive/communication skillsCounseling (assertive/communication skills

Not responsive to judicial sanctionsNot responsive to judicial sanctions Rejected StalkersRejected Stalkers

Desists by imposing legal fines/sanctionsDesists by imposing legal fines/sanctions Incompetent StalkersIncompetent Stalkers

Easily abandon their victims with easeEasily abandon their victims with ease Main challenge is to prevent revictimizationMain challenge is to prevent revictimization

INTERVENTIONSINTERVENTIONS

Resentful StalkersResentful Stalkers Difficult to engage due to self Difficult to engage due to self

righteousnessrighteousness Legal sanctions tend to enrage rather than Legal sanctions tend to enrage rather than

inhibit his behaviorsinhibit his behaviors Predatory StalkersPredatory Stalkers

Primarily involves the justice systemsPrimarily involves the justice systems In some cases, treat underlying paraphiliasIn some cases, treat underlying paraphilias

LEGAL INTERVENTIONLEGAL INTERVENTION

Involuntary commitmentInvoluntary commitment Restraining ordersRestraining orders Trespassing ordersTrespassing orders Anti-stalking/harrassment/Anti-stalking/harrassment/

cyberstalking lawscyberstalking laws

Anti-cyberstalking lawsAnti-cyberstalking laws

Rebecca Schaeffer

“My Sister Sam”Robert Bardo

Legal DefinitionLegal Definition

Three ElementsThree Elements (1) pattern of behavioral intrusion upon (1) pattern of behavioral intrusion upon

another person that is unwanted;another person that is unwanted; (2) an implicit or explicit threat that is (2) an implicit or explicit threat that is

evidenced in the pattern of behavioral evidenced in the pattern of behavioral intrusion; and intrusion; and

(3) as a result of the behavioral (3) as a result of the behavioral intrusion, the person who is threatened intrusion, the person who is threatened experiences reasonable fear. experiences reasonable fear.

Legal InterventionLegal Intervention StateState

FederalFederal

LimitationsLimitations

Strategies for PhysiciansStrategies for Physicians Maintain high levels of attention to the

maintenance of boundaries in working with patients

Avoid confusion between personal and professional involvement

Take seriously prodromal features that possibly herald the initiation of stalking such as requests for personal details by patients

Report stalking incidents in team meetings or in supervision

SummarySummary Stalking behaviors has been in existence since the Stalking behaviors has been in existence since the

Early Ages. Early Ages. Stalkers render a significant psychological impact to Stalkers render a significant psychological impact to

their victims and in worst cases, potential physical their victims and in worst cases, potential physical violence.violence.

Both Legal and Clinical interventions neededBoth Legal and Clinical interventions needed Challenges remain in the horizon especially with the Challenges remain in the horizon especially with the

rapid advancement of cybertechnology. rapid advancement of cybertechnology. Modifications of statutes through legislation should be Modifications of statutes through legislation should be

rendered in such a way that stalking laws is able to rendered in such a way that stalking laws is able to keep pace with the advancing internet technology. keep pace with the advancing internet technology.

Further research is needed to analyze the Further research is needed to analyze the effectiveness of cyberstalking statutes in prosecuting effectiveness of cyberstalking statutes in prosecuting offenders. offenders.