STALKING STALKING STALKINGSTALKING

To meet the legal definition of stalking, behavior must: Be repeated, unwanted contact;Be repeated, unwanted contact; Make a credible threat to you or to an immediate family member;Make a credible threat to you or to an immediate family member; Cause a reasonable person under those circumstances to have fear of bodily injury or kidnapping.Cause a reasonable person under those circumstances to have fear of bodily injury or kidnapping.

INTENT The stalker must have the intent to kill, injure, harass or intimidate the victim, who must be placed in reasonable fear of death or serious bodily injury.

Bodily injury is defined as: a cut, abrasion, bruise or disfigurement;a cut, abrasion, bruise or disfigurement; physical pain;physical pain; illness;illness; impairment of the function of a bodily member, organ, or mental faculty; orimpairment of the function of a bodily member, organ, or mental faculty; or any other injury of the body, no matter how temporary.any other injury of the body, no matter how temporary. Serious bodily injury is defined as: a substantial risk of death;a substantial risk of death; extreme physical pain;extreme physical pain; protracted and obvious disfigurement; orprotracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

INTENT In each of these crimes, the stalker must have the intent to kill, injure, harass or intimidate the victim, who must be placed in reasonable fear of death or serious bodily injury. The victim’s immediate family members, spouse or intimate partners are also protected.

Immediate family Immediate family includes the individual’s spouse, parents, siblings, children, or any other person living in the individual’s household who is related by blood or marriage. Spouse or Intimate Partner Spouse or Intimate Partner is defined as: A spouse or former spouse of the target of the stalking; A person who shares a child in common with the target of the stalking; A person who cohabits or has cohabited as a spouse with the target of the stalking; or Any other person similarly situated to a spouse who is protected by the domestic and family violence laws of the state or tribal jurisdiction where the injury occurred or the victim resides.

West Virginia Stalking Laws WV Code §61-2-9a [a] Any person who willfully and repeatedly follows a person, their immediate family, current social companion or their counselor or attorney[a] Any person who willfully and repeatedly follows a person, their immediate family, current social companion or their counselor or attorney Penalty: misdemeanor county or regional jail up to 6 months and/or up to $1000 fine county or regional jail up to 6 months and/or up to $1000 fine

[b] Any person who willfully and repeatedly follows and makes credible threats against a person (or any of the persons listed in [a]) with the intent of placing them in reasonable fear that they or an immediate family member will be killed, sexually assaulted, kidnapped, or physically harmed[b] Any person who willfully and repeatedly follows and makes credible threats against a person (or any of the persons listed in [a]) with the intent of placing them in reasonable fear that they or an immediate family member will be killed, sexually assaulted, kidnapped, or physically harmed Penalty: misdemeanor county or regional jail up to 6 months and/or up to $1000 fine

[c] Any person who repeatedly harasses or repeatedly makes credible threats against a person (or any of the people listed in [a])[c] Any person who repeatedly harasses or repeatedly makes credible threats against a person (or any of the people listed in [a]) Penalty:misdemeanor county or regional jail up to 6 months and/or up to $1000 fine

SUMMARY Focus is on interactions between stalker and persons with whom stalker has had a past personal relationship or seeks to establish a personal or social relationshipFocus is on interactions between stalker and persons with whom stalker has had a past personal relationship or seeks to establish a personal or social relationship Can include victim’s immediate family, current social companion or professional counselor or attorneyCan include victim’s immediate family, current social companion or professional counselor or attorney

SUMMARY Laws address: Willfully and repeatedly following someoneWillfully and repeatedly following someone Willfully and repeatedly following someone and making credible threats that cause reasonable fear or death, rape, assault, or kidnappingWillfully and repeatedly following someone and making credible threats that cause reasonable fear or death, rape, assault, or kidnapping Repeated harassment and repeated credible threatsRepeated harassment and repeated credible threats

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 $ $5000In 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 $ $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 $ $10,000Within 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 $ $10,000

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. FEDERAL LAWS

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, , or the Internet (cyberstalking).

INTERSTATE DOMESTIC VIOLENCE 18 U.S.C. §2261(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 kill, injure, harass, or intimidate a spouse or partner and to commit, or attempt to commit, a crime of violence against that spouse or intimate partner.

INTERSTATE DOMESTIC VIOLENCE 18 U.S.C. §2262(a)(2) makes it a federal crime, punishable from five years to life in prison, to cause an intimate partner to cross state, tribal or international lines by force, coercion, duress, or fraud and commit, or attempt to commit, a crime of violence against that spouse or intimate partner.

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.

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.

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 PENALTIES FOR VIOLATING FEDERAL LAWS

INTERSTATE COMMUNICATIONS 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.

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.

WHO ARE STALKING VICTIMS?

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

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

–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

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

RELATIONSHIP BETWEEN VICTIM AND OFFENDER

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

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

TYPES OF STALKERS 1.SIMPLE OBSESSION 2.DELUSIONAL/LOVE OBSESSIVE

SIMPLE OBSESSIVE –Socially maladjusted and inept –Emotionally immature –Often subject to feelings of powerlessness –Unable to succeed in relationships by socially-acceptable means –Jealous, bordering on paranoid –Extremely insecure and suffers from low self-esteem

Domestic violence victims who leave an abusive relationship have a 75 percent higher risk of being murdered by their partners. Domestic violence victims who leave an abusive relationship have a 75 percent higher risk of being murdered by their partners.

DELUSIONAL/LOVE OBSESSIONAL –Has no personal relationship with victim –Forms fixations on victim –Invents fictional stories –Most have mental disorders –When intimidation fails, some turn to violence

STALKING BEHAVIOR PATTERNS AND CYCLES

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

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

FACTORS THAT MAY INDICATE INCREASED POTENTIAL FOR VIOLENCE History of violence exhibited by the stalker Presence of physical abuse or domestic violence Presence or absence of threats Obsession with the same or similar victim over a period of time Access and knowledge of weapons Traveling a distance to be near the victim

DO PROTECTIVE ORDERS DISCOURAGE STALKING? 25% of stalking victims obtain restraining orders. Over 66% of these orders are violated. In 21% of cases, violence and stalking escalated after the protective order was filed.

AVERAGE DURATION The average duration of a stalking case was 1.8 years. If stalking involved an intimate partner, the average duration increased to 2.2 years.

Top 3 reasons victims thought stalking ended: Victim relocated Stalker found a new partner Law enforcement warned the stalker

EFFECTS OF STALKING ON VICTIMS 30% of female victims and 20% of male victims sought psychiatric counseling 26% of victims lost time from work 7% never returned to work because of relocation

SAFETY TIPS FOR VICTIMS Tell the stalker “No” once and only onceTell the stalker “No” once and only once Install solid core doors with dead boltsInstall solid core doors with dead bolts Install adequate outside lightingInstall adequate outside lighting Maintain an unlisted numberMaintain an unlisted number Get a cell phone and keep it with youGet a cell phone and keep it with you Get a dogGet a dog

SAFETY TIPS FOR VICTIMS Vary your travel routesVary your travel routes Avoid traveling aloneAvoid traveling alone Inform a trusted neighbor about the situationInform a trusted neighbor about the situation NEVER give out your home addressNEVER give out your home address Block your address at the DMV and your voter registrationBlock your address at the DMV and your voter registration Treat any threat as legitimateTreat any threat as legitimate Document everythingDocument everything

STALKING INCIDENT and BEHAVIOR LOG DateTimeDescription of Incident Location of Incident Witness Names (Attach Address and Phone #) Police Called (Report #) Stalking Incident and Behavior Log furnished by Stalking Resource Center,

DEVELOP A SAFETY PLAN Quick access to critical telephone numbersQuick access to critical telephone numbers Keep accessible reserve of necessitiesKeep accessible reserve of necessities

CYBERSTALKING

Cyberstalking Cyberstalking - Use of the Internet, , or other telecommunication technologies to harass or stalk another person.

METHODS/TECHNIQUES USED Send unsolicited s Use live chat harassment Start rumors Set up a web page Assume the victim’s persona on-line

CYBERSTALKING AND TEENS On-line predators will contact 77% of youths by the age of 14, and 22% of children ages 10 to 13 will be approached. In the U.S., 1 out of 5 teens who regularly log on to the Internet have received unwanted sexual material through the web.

Survey of law enforcement agencies: 5% of molesters pretend to be peers.5% of molesters pretend to be peers. Most abusers messaged on-line with future victims for more than a month.Most abusers messaged on-line with future victims for more than a month. When teenagers do meet the adults, sex or oral sex almost always occurs.When teenagers do meet the adults, sex or oral sex almost always occurs. Although molesters favor girls, about a quarter of the arrests were for abusing teen boys.Although molesters favor girls, about a quarter of the arrests were for abusing teen boys.

EFFECTS OF CYBERSTALKING Sleep disturbances Hypervigilance Recurring nightmares Eating pattern disturbances Feeling of being out of control Pervasive sense of the loss of personal safety

SEXUAL EXPLOITATION OF A CHILD ON THE INTERNET

MOST VULNERABLE VICTIMS: Depressed, troubled children Teens yearning for acceptance

POSSIBLE OUTCOMES Predator tries to blackmail the childPredator tries to blackmail the child Predator tries to arrange meetingPredator tries to arrange meeting Child will end the relationshipChild will end the relationship

WEST VIRGINIA LAWS REGARDING CYBERSTALKING

West Virginia Code §61-3C-14A (a) It is unlawful for any person, with the intent to harass or abuse another person, to use a computer to: Make contact with another without disclosing his or her identity with the intent to harass or abuse; Make contact with a person after being requested by the person to stop contacting them; Threaten to commit a crime against any person or property Cause obscene material to be delivered or transmitted to a specific person after being requested to stop sending such material

West Virginia Code §61-3C-14A (b) It is unlawful for any person to knowingly permit a computer under his or her control to be used for any purpose prohibited by this section.

FEDERAL CYBERSTALKING LAWS

18 U.S.C. §2261A(2) It is a federal crime to stalk another person across state, tribal or international lines using regular mail, e- mail or the Internet. The defendant must have the intent to kill or injure the victim, or to place a family member or a spouse or intimate partner of the victim in fear of death or serious injury.

SAFETY TIPS Use a gender-neutral username/ address Use a free account Limit information you divulge on-line Monitor chat rooms before “speaking” or posting messages

WHAT CAN PARENTS DO TO REDUCE THE RISK OF CHILD SEXUAL EXPLOITATION ON THE INTERNET?

Parents can: Explain the dangers Put the computer in an accessible place Enforce a list of “Do Nots” Check the computer for any downloads from on-line sources or s Identify other computers accessible to the child

IF YOU ARE A VICTIM OF ON-LINE STALKING: SAVE EVERYTHING CALL your local police and ask for the Computer Crimes Unit If you are under 18, TELL your parents or an adult you trust Get a new account or request a new log-on name and password

IF YOU ARE A VICTIM OF ON-LINE STALKING: Keep a detailed log of each communication Once and only once, contact your harasser directly and tell him/her to stop Consider reporting the on-line stalker to your Internet Service Provider (ISP)

RESOURCES IF YOU ARE A VICTIM OF STALKING AND SEXUAL ASSAULT, CALL HOPE CONTACT Huntington, Huntington – RAPE Family Refuge Center, Lewisburg Family Service REACH, Charleston – HOPE Inc, Fairmont Rape and Domestic Violence Information Center, Morgantown Sexual Assault Help Center, Wheeling – Shenandoah Women’s Center, Martinsburg – Women’s Aid in Crisis, Elkins – Women’s Resource Center, Beckley or West Virginia Foundation for Rape Information and Services –

RESOURCES IF YOU ARE A VICTIM OF STALKING AND DOMESTIC VIOLENCE, CALL SAFE Branches Domestic Violence Shelter, Huntington Family Crisis Center, Keyser – Family Crisis Intervention Center, Parkersburg – Lighthouse, Weirton S.A..F.E., Welch – YMCA, Wheeling YMCA, Charleston – Family Refuge Center, Lewisburg – HOPE, INC, Fairmont Rape and Domestic Violence Information Center, Morgantown – Shenandoah Women’s Center, Martinsburg Tug Valley Recovery Center, Williamson – Women’s Aid in Crisis, Elkins – Women’s Resource Center, Beckley – WV Coalition Against Domestic Violence –

NATIONAL VICTIM-RELATED WEBSITES Center for Missing & Exploited Children National Center for Victims of Crime/Stalking Resource Center SafetyEd International Working to Halt Online Abuse (WHOA)