Download Stalking and Domestic Violence

Stalking
and
Counter Stalking
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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]
National Crime Victimization Survey
Stalking Victimization in the
United 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.
National Crime Victimization Survey
Stalking Victimization in the
United States 2009
• The survey measured the following stalking behaviors
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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.
National Crime Victimization Survey
Stalking Victimization in the
United States 2009
• 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
National Crime Victimization Survey
Stalking Victimization in the
United States 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
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National Crime Victimization Survey – US Dept of Justice – Bureau of Justice Statistics - 2009
National Crime Victimization Survey
Stalking Victimization in the
United States 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%)
National Crime Victimization Survey
Stalking Victimization in the
United States 2009
• 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%.
National Crime Victimization Survey
Stalking Victimization in the
United States 2009
• 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
National Crime Victimization Survey
Stalking Victimization in the
United States 2009
• 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
National Crime Victimization Survey
Stalking Victimization in the
United States 2009
Cyber stalking and electronic monitoring
• 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
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?
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)
USING
USING COERCION
INTIMIDATION
AND THREATS
USING
ECONOMIC
ABUSE
USING
POWER
AND
CONTROL
USING MALE
PRIVILEGE
USING
CHILDREN
EMOTIONAL
ABUSE
USING
ISOLATION
MINIMIZING
DENYING
AND BLAMING
Multimedia and Technology Unit
Barry 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.
The Domestic Stalker or
Simple Obsessional
• Breaks into the victim’s home
• Cyberstalking
• Watches the victim sleep.
• Will conduct electronic surveillance.
The Domestic Stalker or Simple
Obsessional
• 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
The Domestic Stalker or Simple
Obsessional
• 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
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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 nonthreatening to most people
• Supports criminal charges (if filed)
• Can enhance encouragement for stalker to plead
guilty
• Idaho Coalition
Against Domestic
Violence
Counter-Stalking
Kit
Specialized
Investigative
Reports
Madison,
Wisconsin
Police
Department
“Service of
Warning”
Stalking Letter
Order of Protection
Registry
Spy Cams
CROSSING STATE LINES
Interstate Travel to commit Domestic Violence
• 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...
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– 18 USC §2261 (a)(1)
CROSSING STATE LINES
•Intent to injure NOT required.
•Maximum penalty:
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Life in prison if victim dies
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10 years if serious bodily injury or use of
weapon
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5 years for other crimes
– 18 USC §2261 (a)(1)
INTERSTATE 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 AN
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:
The Stalking of
Kristin
By George
Lardner
Book # - ISBN 0-87113613-9