1. Stalking and Counter Stalking

2. 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

3.
Creating An effective Stalking Protocol
Help for Victims – Free brochure
Stalking Laws
Stalking Court Cases
Statistics
Resources
Publications –

4. National Network to End Domestic Violence
2001 S Street, NW Suite 400
Washington DC 20009
Safety Net: the National Safe and Strategic Technology Project

5. 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 s
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.

6. 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.

7. 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

8. 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 (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

9. 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%)

10. 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 – , 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%.

11. 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

12. 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

13. 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

14. 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

15. 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

16. The Use of Technology to Stalk

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

18. The next phase in the violent relationship.

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

20. The next phase in the violent relationship.

21. 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

22. Are these a threat?
                                  

23. 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

24. 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.

25. 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

26. 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

27. 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

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

29. 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

30. 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

31. 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‖!!!

32. 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

33. Why do they stalk? Rejection Obsession Power and Control
Sexual Gratification (voyeurism)
Planning to commit a crime (rapists)

34. 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

35. 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

36. 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.

37. 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

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

39. 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.

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

42. Idaho Coalition Against Domestic Violence Counter-Stalking Kit

44. Service Warning Sheet

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

46. Order of Protection
Registry

47. Spy Cams

48. Ghost Keys

55. 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)

56. 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)

57. 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)

58. 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)

59. The Stalking of Kristin
Reo
Recommended reading:
The Stalking of Kristin
By George Lardner
Book # - ISBN