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STALKING

STALKING. STALKING. STALKING. STALKING. Introduction to Stalking 101. Stalking in the news Celebrity stalking Closer to home Basic knowledge Personal stories “ Real Fear, Real Crime”. What is Stalking?.

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STALKING

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  1. STALKING STALKING STALKING STALKING

  2. Introduction to Stalking 101 • Stalking in the news Celebrity stalking Closer to home • Basic knowledge Personal stories • “ Real Fear, Real Crime”

  3. What is Stalking? The National Center for Victims of Crime’s Stalking Resource Center defines stalking as a course of conduct directed at a specific person that would cause a reasonable person fear.

  4. “Course of conduct?” • Two or more acts • Includes acts by the stalker – direct, indirect or through a third party • Covers actions, methods, devices and means

  5. A stalker might……. • repeatedly wait for the victim outside her/his home or office • repeatedly follow a victim when she/he drives to work • call the victim on the phone and make threats or • hang up each time the victim answers.

  6. And/or……. • slash tires • vandalize homes • threaten their victims with weapons • send flowers, gifts and cards to solely to intimidate their target.

  7. Let’s take a look At the WV stalking statute which was revised March 8, 2008.

  8. West Virginia Stalking LawsWV Code §61-2-9a • (a) Any person who repeatedly follows another knowing or having reason to know that the conduct causes the person followed to reasonably fear for his or her safety • or suffer significant emotional distress is…

  9. Penalty • guilty of a misdemeanor and, • upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or • fined not more than one thousand dollars, or both.

  10. [(b) Any person who repeatedly harasses or repeatedly makes credible threats against another is guilty of a misdemeanor and, upon conviction thereof, • Penalty: misdemeanor • shall be incarcerated in the county or regional jail for not more than six months or fined not more than one thousand dollars, or both.

  11. [c] c) Notwithstanding any provision of this code to the contrary, any person who violates the provisions of subsection (a) or (b) of this section in violation of an order entered by a circuit court, magistrate court or family court judge, in effect and entered pursuant to part 48-5-501, et seq., part 48-5-601, et seq. or 48-27-403 of this code is guilty of a misdemeanor and, upon conviction thereof,

  12. Penalty: misdemeanorbe incarcerated in the county jail for not less than ninety days nor more than one year or fined not less than two thousand dollars nor more than five thousand dollars, or both.

  13. If stalking behaviors occur: • In violation of an existing order, it is a misdemeanor and can result in local or regional incarceration for 90 – 365 days and/or fines of $2000 - $5000 • Within five years of a conviction and results in a second conviction, or is a violation of an existing protective order, it is a felony punishable by incarceration in a state correctional facility for 1 – 5 years and/or fines of $3000 - $10,000

  14. Definitions • 1) "Bodily injury" means substantial physical pain, illness or any impairment of physical condition; • "Credible threat" means a threat of bodily injury made with the apparent ability to carry out the threat and with the result that a reasonable person would believe that the threat could be carried out;

  15. "Harasses" means willful conduct directed at a specific person or persons which would cause a reasonable person mental injury or emotional distress • "Repeatedly" means on two or more occasions.

  16. For your reading enjoyment…. • And your source for additional information, I present the newly revised….. Sexual Assault in West Virginia: An Informational Handbook

  17. FEDERAL LAWS INTERSTATE STALKING 18 U.S.C. §2261A(1) makes it a federal crime punishable from five years to life in prison, to travel across state, tribal or international lines to stalk another person.

  18. 18 U.S. C. §2261A(2) makes it a federal crime, punishable from five years to life in prison, to stalk another person across state, tribal or international lines using regular mail, e-mail, or the Internet (cyberstalking).

  19. INTERSTATE VIOLATION OF A PROTECTIVE ORDER • 18 U.S.C. §2262 (a)(1) makes it a federal crime, punishable from five years to life in prison, to travel across state, tribal or international lines with the intent to violate a protective order and to subsequent conduct that violates that order.

  20. INTERSTATE VIOLATION OF A PROTECTIVE ORDER 2262(a) (2) makes it a federal crime, punishable from five years to life in prison, to cause a person to cross state, tribal or international lines by force, coercion, duress, or fraud and subsequently engage in conduct that violates a protective order. The protective order must state that the abuser cannot threaten, harass or cause bodily injury.

  21. PENALTIES FOR VIOLATING FEDERAL LAWS • Life imprisonment if the victim dies • 20 years if the victim is permanently disfigured • 20 years if the victim suffers life threatening bodily injury • 10 years if the victim suffers serious bodily injury • 5 years for any other situation

  22. INTERSTATECOMMUNICATIONS 18 U.S.C. §875(c) makes it a federal crime, punishable by up to five years in prison, to transmit in interstate or foreign communications, any threat to kidnap or injure another person.

  23. HARASSING TELEPHONE CALLS IN INTERSTATE COMMUNICATIONS 47 U.S.C. §223 (a)(1)(C) makes it a federal crime, punishable by up to two years in prison, to use a telephone or other telecommunications device to annoy, abuse, harass or threaten another person at another number.

  24. Is it stalking……..? Scenarios

  25. WHO ARE STALKING VICTIMS?

  26. STALKING CAN OCCUR: • During a relationship • After a relationship • In the absence of a relationship

  27. Victims • 78% of stalking victims are female • 22% of stalking victims are male • 1 out of every 12 women will be stalked in her lifetime • 1 out of every 45 men will be stalked in his lifetime

  28. 77% of female victims were stalked by someone they knew • 64% of male victims were stalked by someone they knew • 59% of female victims report being stalked by a former intimate partner

  29. AGE OF STALKING VICTIMS 50% of stalking victims were between the ages of 18 and 27. 89% of stalking victims were under the age of 40.

  30. RELATIONSHIP BETWEEN VICTIM AND OFFENDER

  31. 81% of women stalked by a current or former intimate partner are also physically assaulted by that partner. • 31% of women stalked by a current or former intimate partner are also sexually assaulted by that partner.

  32. STALKERS • 94% of stalkers identified by female victims were men. • 60% of stalkers identified by male victims were men. • 87% of stalkers overall were men.

  33. The Supplemental Victimization Survey (SVS) • Just published – January 2009 • Identified seven (7) types of harassing or unwanted behaviors consistent with a course of conduct experienced by stalking victims. • Classified individuals as stalking victims if they responded that they experienced at least one of these behaviors on at least two separate occasions.

  34. In addition………. • The individuals must have feared for their safety or that of a family member as a result of the course of conduct, or have experienced additional threatening behaviors that would cause a reasonable person to feel fear.

  35. The SVS also identified victims who experienced the behaviors associated with stalking but neither reported feeling fear as a result of such conduct nor experienced actions that would cause a reasonable person to feel fear. • This report characterizes such individuals as harassment victims.

  36. Seven measured behaviors • Making unwanted phone calls • Sending unsolicited or unwanted letters or e-mails • Following or spying on the victim • Showing up at places without legitimate reason • Waiting at places for the victim

  37. Leaving unwanted items, presents, or flowers • Posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth

  38. The Latest Statistics • During a 12-month period an estimated 14 in every • 1,000 persons age 18 or older were victims of stalking • • About half (46%) of stalking victims experienced at least • one unwanted contact per week, and 11% of victims said • they had been stalked for 5 years or more.

  39. The risk of stalking victimization was highest for individuals who were divorced or separated—34 per 1,000individuals. • Women were at greater risk than men for stalking victimization; however, women and men were equally likely toexperience harassment.

  40. • Male (37%) and female (41%) stalking victimizations were equally likely to be reported to the police. • Approximately 1 in 4 stalking victims reported some form of cyberstalking such as e-mail (83%) or instant messaging (35%) • 46% of stalking victims felt fear of not knowing what would happen next.

  41. Nearly 3 in 4 stalking victims knew their offender in some capacity. • More than half of stalking victims lost 5 or more days from work.

  42. On the Net: • Bureau of Justice Statistics: http://www.ojp.usdoj.gov/bjs • National Center for Victims of Crimes: http://www.ncvc.org/ncvc/Main.aspx

  43. Profiles of Stalkers…… THERE ARE NO DEFINITIVE CATEGORIES OF STALKERS!

  44. Demographics • Criminal History: • 33% had prior adult violent criminal history • 27% had no priors • 19% had prior adult non-violent criminal record ………………….. The RECON Typology of Stalking (2006)

  45. Demographics • 46% of offenders had a clear or probable DSM-IV-TR diagnosis at time of stalking • Substance abuse present in 32% of cases • Suicidal ideation present in 25% of cases The RECON Typology of Stalking (2006)

  46. Why do they stalk? • Rejection • Obsession • Power & Control • Sexual Gratification • Planning to commit a crime • Because they can

  47. Pattern of Behavior • -The RECON Typology of Stalking (2006)2/3 of stalkers pursue their victim at least once per week•78% of stalkers use more than one means of approach • Weapons used to harm or threaten victims in about 20% of cases -The RECON Typology of Stalking (2006)

  48. STALKING BEHAVIOR PATTERNS AND CYCLES

  49. DANGER SIGNS • Frequent loss of temper • Extreme jealousy and controlling behavior • A belief that destiny led him or her to you, so you belong to the stalker in some way • Few close friendships and an over-dependence on you as a link to the world • Refusing to accept “no” • Vandalizing or destroying your property

  50. STALKING BEHAVIORS • Sending unwanted letters, cards or gifts • Showing up at the victim’s work place, home, or school • Spying on the victim and “tapping” the victim’s telephone • Repeated obscene, threatening or “hang-up” calls • Following the victim in violation of a protective order

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