Stalking and Counter Stalking

Realities of VAW Crimes Commonly missed crimes in the context of violence against women Stalking Intimate partner sexual assault Strangulation Felony threats Weapons violations Kidnapping RC/MW

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 – src@ncvc.org

National Network to End Domestic Violence 2001 S Street, NW Suite 400 Washington DC 20009 202-543-5566 safety@nnedv.org Safety Net: the National Safe and Strategic Technology Project

The survey measured the following stalking behaviors National Crime Victimization Survey Stalking Victimization in the United States 2009 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 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 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 one 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 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

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

One in seven reported they moved because of the stalking 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 stalker– (15.6%) about a tenth believed the stalking stopped when they obtained a protective or restraining order 130,000 reported that they had been fired or asked to leave their job Stalking offenders committed identity theft against 204,000 victims

20% reported the police took no action 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

Cyber stalking and electronic monitoring 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 to 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

The Use of Technology to Stalk

What is Stalking? Stalking general refers to repeated harassing or threatening behavior putting another person in fear. Examples?

The next phase in the violent relationship.

Stalking Can seemingly non-threatening behavior be stalking? Can non-criminal acts be stalking?

The next phase in the violent relationship.

Reporting By the time victims report to police, the stalking behavior has been well established and … victim countermeasures have failed. Klein et al., (2009) A statewide Study of Stalking and Its Criminal Justice Response

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.

Common “harassing” behaviors Vandalism Annoying or threatening phone calls Following or other violations of protective orders Actual assaults Sending unwanted letters Showing up at the victim’s home or work place

Common “harassing” behaviors Attempting to obtain private information about the victim from others Leaving “gifts” for the victim Disabling the victim’s car Taking mail from the victim’s mailbox Entering the victim’s home when the victim is not there Taking photographs of or “spying” on the victim Reporting the victim to authorities for crimes that did not occur

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

Parked across street all night Threat Assessment Develop a timeline of stalking events Look for escalation of threats 6/6/10 6/8/10 6/12/10 6/15/10 6/20/10 6/25/10 Parked across street all night Showed up at work Cat poisoned Threatening call Dead roses letters

Threat Assessment More dangerous offenders: Actual pursuit Possession and/or fascination with weapons Vandalism, arson Tendency towards emotional outburst and rage History of violating POs

Intimate Partner Stalkers: Increased Risk for Victims More likely to physically approach victim More insulting, interfering and threatening More likely to use weapons Behaviors more likely to escalate quickly More likely to re-offend

Basic Concepts No single profile or type of violent stalker All stalkers are potentially dangerous The level of threat that a particular suspects poses is not fixed Many subjects who pose a high level of risk do not make threats Absence of communicated threats does not mean absence of risk People don’t ―just snap‖!!!

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)

Physical VIOLENCE Sexual Vandalism, Animal Abuse, Destroying Property Stalking, Harassment, Assault, Strangulation Physical VIOLENCE Sexual USING INTIMIDATION USING COERCION AND THREATS Theft Fraud Forgery USING ECONOMIC ABUSE Simple Assault USING EMOTIONAL ABUSE POWER AND CONTROL USING MALE PRIVILEGE USING ISOLATION False Imprisonment, Kidnapping, Custodial Interference USING CHILDREN MINIMIZING DENYING AND BLAMING Sex Assault Kidnapping, Child Neglect & Abuse Filing false reports, Protective Order Violation Wynn Consulting 2007

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.

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

Building Probable Cause Police Generated Evidence Collection Surveillance Security Video Telephone Records E-Mail Reports of Prior Acts Search Warrants Interview - Interrogation

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.

Stalking Policy Centre County Protocol For A Coordinated Law Enforcement Response to Stalking Centre County, Pennsylvania State of Minnesota Stalking Response Protocol

Idaho Coalition Against Domestic Violence Counter-Stalking Kit

Service Warning Sheet

Specialized Investigative Reports Madison, Wisconsin Police Department “Service of Warning” Stalking Letter

Order of Protection Registry

Spy Cams

Ghost Keys

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... – 18 USC §2261 (a)(1)

CROSSING 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 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)

The Stalking of Kristin Reo Recommended reading: The Stalking of Kristin By George Lardner Book # - ISBN 0-87113-613-9