1. The Police Response to Stalking
Sergeant Christina Baker #873
Integrated Domestic Violence
York Regional Police

2. Objectives
Recognize stalking as domestic related criminal harassment – priority call for service
Review behaviours associated to stalking typology
Criminal Harassment – elements of the offence
Police Response

3. Stalking An emotional fixation on another person
followed by an unwanted obsessional pursuit.
Talk about typologies but officers are not categorizing what kind of stalker they have but understand the behaviours associated to each one for victim safety and offender management

4. Stalker-Victim Types Dr Michael Zona – Zona Profile of Stalkers
Typologies:
Simple obsessional
Love obsessional,
Erotomanic
Relationship between the people
Real or Imagined
Reid Malloy RECON more up to date.
The scientific pursuit of stalking
Its more about the relationship between the victim and the accused

5. Simple Obsessional Account for 75-80% of stalkers in Canada
Also the most dangerous if left unchecked
Victim and perpetrator have some prior knowledge of one another
Simple Obsessional : The majority of these stalkers have been in some form of relationship with the victim. The contact may have been minimal, such as a blind date, but more commonly is a prolonged dating relationship, common law union or marriage. The perpetrator refuses to recognize that the relationship with the other person is over and the prevailing attitude is “if I can’t have her (or him) then no one else will.” A campaign of harassment, intimidation and psychological terror is mounted. The motivation for the harassment and stalking varies from revenge to the false belief that they can convince or coerce the victim back into the relationship.

6. Simple Obsessional Workplace violence- co-workers
May escalate to violence
Attempts to develop relationship with co-worker
Results in anger and pattern of stalking
Pattern of stalking behavior to terrorize
May escalate to violence
Talk about Bill 168 and changes to the Health and Safety regulations later

7. Love Obsessional
Absence of existing relationship between perpetrator and victim
Perpetrator often suffers from schizophrenia or bipolar disorder
Many socially maladjusted and seldom if even involved in meaningful intimate relationship
Media, television, motion picture celebrities
Can be ordinary citizen
Believe, unrealistically, if make themselves known the victim will be attracted to them
Correspondence expressing desire
Love Obsessional: The stalker can be obsessed in his or her “love” without possessing the belief that the victim loves him or her. Very often the love obsessional stalker suffers from a major psychiatric illness such as schizophrenia or mania and wants to “win over” the love of his or her victim.
Usually less dangerous than simple obsessional. No response or no positive response, tone of correspondence demonstrate increased frustration, anger, intent to physically confront the victim

8. Erotomanic Delusional belief that victim is in love with them
Very rare in general population but not unusual amongst stalkers
Majority of suspects are female
Difficult to resolve due to delusions
Can be aggressive in pursuit but not likely violent
Erotomanic : Is convinced that the object of his or her attention, usually of the opposite sex, fervently loves him or her and would return the affection if it were not for some external influence. The person about whom this conviction is held is usually of a higher status than the stalker but is often not a celebrity. It could be the supervisor at work, their child’s paediatrician, their church minister or the police officer who stopped them for a traffic violation but did not charge them. Sometimes it can be a complete stranger.

9. Stalking Predatory Behaviour
Phone calls, letters, s, texts
Following, spying
Leaving unwanted gifts
Leaving a “message”
Although on face value a single act viewed by someone maybe not seem to be serious, but it is the totality of these behaviours that may cause the victim to be fearful.
Stalking behaviours can include:
Making unwanted phone calls
Sending unsolicited or unwanted letters or s
Following or spying on the victim
Showing up at places without a legitimate reason
Waiting at places for the victim
Leaving unwanted items, presents or flowers
Posting information or spreading rumours about the victim on the internet, public place or by word of mouth.
Leaving a message for example: moving something on the property or leaving something just so that she knows her was there and keeping tabs
Research also tells us that no matter what preventative measures are put in place for a victim of criminal harassment, nothing can keep her safe from a stalker. (reference Jacqueline Campbell Study) except police intervention (arrest) or shelters.
As the number and frequency of these behaviours escalate as does the increase for violence.
Only 8% of all criminal harassments against women reported to the police in Canada in 2006 were perpetrated by a stranger.

10. Stalking as a High Risk Factor
Obsessive behaviour displayed by perpetrator was the precipitating crime prior to being killed
The recognition of multiple risk factors within a relationship allows for enhanced risk assessment, safety planning and possible prevention of future deaths related to domestic violence
Consistent with research on domestic homicides and past DVDRC reports, the most common risk factors involved with a domestic homicide are a prior history of domestic violence and an actual or pending separation.
63% of domestic homicides between
The psychological effect of stalking on victims can produce an intense and prolonged fear. This
fear usually includes an increasing fear of the escalation of the frequency and nature of the
conduct (for example, from non-violent to life-threatening) and is accompanied by a feeling of
loss of control over the victim’s life. Although stalking in and of itself is harmful to victims, it
may also be a precursor to subsequent violent acts. Victims experience intimidation,
psychological distress and emotional distressThe psychological effect of stalking on victims can produce an intense and prolonged fear. This
psychological distress and emotional distress

11. Ontario Domestic Homicides
There were a total of 184 domestic violence death cases that resulted in 253 deaths involving 159 women, 23 children, and 71 men in Ontario between 2002 and 2008.
DVDRC 2009 report This includes victims, bystanders and perpetrators. When perpetrators die it is usually at their own hands – homicide/suicide.
31%
91% of the victims are female with 78% of the homicides occurring in the home.
The cause of death for the victims are stabbing, shooting, strangulation and beating
The time most dangerous for a women is when she is preparing to leave or has left an intimate relationship.

12. Stalking in Dating Relationships
The most frequently committed offences include criminal harassment
Average age of victims are those between 30 to 39 years of age
As the case for spousal violence, females accounted for the majority of the police reported dating violence in 2008
According to 2008 stats Canada report:
The most frequently committed violent offence in dating relationships was common assault (50%)
The least serious form of physical assault
Other offences included criminal harassment (14%), uttering threats (12%) major assault (11%), indecent and harassing phone calls (6%) forcible confinement and related offences (3%) and sexual assault (3%)
From 2004 and 2008 there has been a steady INCREASE in rates of police reported dating violence for both male and female victims across all age groups

13. Police reported Violence in Dating Relationships
Violence in dating relationships accounted for:
More than one quarter of all violent incidents;
Almost one third of all homicides perpetrated by intimate partners
Approximately 10% of male victims and 1% of female victims were in same sex relationships.
The prevalence of injury and weapons did not differ from opposite sex dating

14. Police Reported Spousal Violence
In 2007, intimate domestic violence was about 12% of all police-reported violent crime.
Accounting for nearly two-thirds of offences, common assault was the most frequent type of spousal violence followed by major assault, uttering threats and criminal harassment.
Female victims (61%) of family violence were nearly
twice as likely as males (32%) to have been victimized
by a spouse
As a comparison to dating violence the 2007 Family Violence Report
It also indicates domestic violence is on the decline older the past 10 years. Better response, investigation? Or public awareness?

15. History of the Offence
S. 264 enacted in August, 1993, and then strengthened and amended in 1997
Introduced as a specific response to concerns about the escalation of stalking to serious violence against former partners
Also designed to protect the victim’s right to live free of fear and intimidation by former partners or stalkers
Maximum sentence increased to 10 years in June S.109 Mandatory 10 years Firearms Prohibition upon conviction and DNA order

16. SECTION 264
(1)No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes the other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

17. Elements of the Offence
conduct
harassed
fear
That the accused has engaged in the conduct set out in s. 264 (2) (a), (b), (c) or (d)
That the complainant was harassed.
That the accused who engaged in such conduct knew that the complainant was harassed or was reckless or willfully blind as to whether the complainant was harassed:
That the conduct caused the complainant to fear for her safety or the safety of anyone known to her; and
That the complainant’s fear was, in all the circumstances, reasonable.
R. v. Kordrostami OCA Mar.1/2000

18. Conduct – Look to the Specifics
Twice can be enough
(a) Repeatedly following
(b)Repeatedly communicating directly of indirectly
Once can be enough
(c) Watch and besetting home/work or anyone known to them
(d) Engage in threatening conduct directed at the other person
Meaning of “repeatedly”
Look to the specifics of the circumstances
R. v. Koskar OCA Sept. 27/99
Twice can be enough for (a) to (b)
Repeatedly following from place to place
Repeatedly communicating with directly or indirectly
R. v. Julius Ohenhen OCA Sept. 27/05
Once can be enough for (c) and (d)
Besetting or watching home/business or anyone known to them
Engaging in threatening conduct directed at the other person
R.v. Kosikar OCA Sept.27/99
R. v. Green OCA July 7/06

19. Meaning of ‘Harassed’
“tormented, troubled, worried continually or chronically, plagued, bedeviled and badgered”
Any one of those emotions will suffice to support “harassed”
R. v. Kordrostami OCA Mar.1/2000
Physical assaults or threats against those providing refuge to the victim
• Threats to take the children through custody/access
• Coercion to withdraw the charges or recant
• Threatening messages to the victim through body language that will go unnoticed by all
others present
• Engaging family or friends to intimidate the victim
• Repeated requests to meet or speak with abuser
• Intervening in the delivery of information from the court to the victim so that the victim will
be unaware of when to appear
• Requests for mutual orders of protection as a way to continue control over the victim and
manipulate the court
• Continually testing the limits of parenting time or support arrangements (e.g. arriving late or
not appearing at appointed times, failing to make support payments)
• Threats and/or initiation of custody fights to gain leverage in negotiations over financial
issues
• Initiating retaliatory litigation against the victim or others who support the victim
• Enlisting the aid of parent rights groups to verbally harass the victim (and sometimes courts)
into compliance with demands
• Using any evidence of damage resulting from the abuse as evidence that the victim is an unfit
parent.
The following sections 1-13 are taken from Justice Canada’s “Criminal Harassment: A
Handbook for Police and Crown Prosecutors” (2004), also available online at

20. Fear for Safety
This includes not only fear of physical safety, but fear of psychological, and emotional trauma
R. v. Gowing OCA Jan.12/98

21. Reasonableness of the Complainant’s fear
Permissible and necessary to include the history of the accused and complainant
(R. v. Kosikar OCA Sep.27/99)
Based on an objective assessment of all the circumstances including the history between the parties; the nature of the contact; and the personal circumstances of the complainant
R. v. Stagnitta OSC Aug.9/2000

22. Legislative Requirements
S. 29 of the Adequacy Standards Reg.
Must have a policy on investigations into criminal harassment (LE-028)
Must develop and maintain procedures for investigating criminal harassment complaints
Procedures should require:
Quick investigation; advice to victim re collecting evidence; obtaining history; consider risk implications
Throw in Bill Harassment in the workplace – domestic violence

23. LE-028 Criminal Harassment
Communications
Establish if suspect is present
Relay on pertinent information to attending unit
Relationship of the complainant to the suspect
Children
Weapons
Vehicles
Determine how many units are required

24. Nature of Risk Factors Risk factors influence decisions
Violence by nature
Victim may not be worried but we are. It is our responsibility as the first responder and we have the opportunity to gather the most information than any other service.
So when one thinks about violence what is the cost ration here that will determine if it is feasible. The more there is to lose ; the less motivation there may be however some of the risk factors that have been identified are going to effect the decision to be violent - or not.

25. Motives for Violence

26. Implications
The past violent behaviour is the best predictor of future violence
Threat management begins at the frontline
Showcause report, dvsr, recommendations for bail, to whom is notified

27. Domestic Violence Supplementary Report (DVSR)
Recommended from the May Illes inquest
Identified risk factors for the victim/family
Used in bail hearings and sentencing
Questions cover aspects of the relationship between the accused and victim as well as other contributing factors
Include Intelligence Threat Assessment Unit created in 2007
To date: 68 just not domestic however domestic cases are 60% of the caseload used for bail and pre sentencing

28. History of Violence Probability of future violence rises sharply
Outside/inside the home engage in more frequent and severe partner abuse
Escalation identified only from a pattern of two or more events
Disinhibitor – attitude of violence in general

29. Change in Relationship
Victims are most likely to be murdered when attempting to report abuse or leave an abusive relationship
Elevated risk of lethal violence while living together prior to separation
Up to 79% of homicides occurred after separation

30. Jealous, Obsessive or Controlling Behaviours
Forced sexual acts = control
Control over social, occupation or finances
Jealousy or obsessive behaviour is consistent with abuser personality traits
Increase in violence when sexual jealous behaviours are present
Obsession about the victim

31. Stalking Behaviours Fear for safety
Domestic stalking preceded a majority of intimate partner homicides
How many episodes is relative to the ability to injure
Potential escalation for violence

32. Suicidal or Homicidal Ideation
Suicidal ideology – homicidal tendency
Reflects presence of mental illness
Decreased inhibition increases motivation
Common following domestic homicide
Persistent or intrusive thoughts
Shared destiny

33. External Stress Unemployment, financial concerns
Displace work related frustration and anger
May be an indicator of psychological problems
Important predictor of violence

34. Access to Firearms or Weapons
Dangerous component
Use or threats is an indicator of future violence
Firearm registry contact
FIPS

35. Substance Use Problems
Combination of anger, impulsiveness and alcohol abuse are strong predictors of violence
Indication of a personality disorder
Strong correlation between substance abuse and severity of injury to the victim

36. Mental Illness Victim may articulate bizarre behaviour
Disorder may have a direct impact on risk undermining effective risk management strategies
Demonstrated symptoms or diagnosis
Confirm research
Mental health courts

37. Personality Traits
Characterized by anger, impulsivity, antisocial, narcissistic disorders are associated with increased risk for partner abuse
Associated to repeated domestic assaults and stalking behaviours

38. Injury/Death to Pets
Particularly if owned by victim or children is a direct means of intimidation
Instils fear and control
Correlation between cruelty to animals and violence against humans

39. Jealousy of Partner
Routinely accuse partner of having other sexual relationships
Slightest ‘evidence’ fires their imagination
Van parked across the street
Flu – indicated for one abuser that his wife had performed fellatio on another man
Recently PAR workers related a case where the offender equated footsteps in the snow with his spouse having sex with other men

40. Jealousy of Partner
This intensely irrational jealousy may arise from their own insecurities and projection
Crocker Menendez Homicide
They may be having sexual liaisons outside the marriage/relationship themselves.
May/Illes Homicide

41. Its Starts with You
Look to the dynamics and complexities of the relationship
Think about the behaviour
Always dispatch officers to the victim’s present location

42. Thank you A journey of a thousand miles always begins with one step