2 Realities of VAW Crimes Commonly missed crimes in the context of violence against womenStalkingIntimate partner sexual assaultStrangulationFelony threatsWeapons violationsKidnappingRC/MW
3 Creating An effective Stalking ProtocolHelp for Victims – Free brochureStalking LawsStalking Court CasesStatisticsResourcesPublications–
4 National Network to End Domestic Violence 2001 S Street, NW Suite 400Washington DC 20009Safety 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 2009The survey measured the following stalking behaviorsMaking unwanted phone callsSending unsolicited letters or sFollowing or spying on the victimShowing at places with no legitimate reasonWaiting at places for the victimLeaving unwanted items - present – flowersPosting 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 victimsAbout 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 2009Male (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 nextNearly 3 in 4 stalking victims knew their offender in some capacity.29% of stalking victims reported the offender waited in places for themNational 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 2009One in seven reported they moved because of the stalkingThe 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 order130,000 reported that they had been fired or asked to leave their jobStalking 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 2009About 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 2009Cyber stalking and electronic monitoringStalking 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 offenderAbout a tenth of all victims were stalked by a stranger36% 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 partnerNational Violence Against Women Survey
15 Statistics on Stalking Victims in 69% of female homicide cases were stalked while in a relationship with their stalkerVictims in 88% of female homicide cases were stalked after the relationship endedNational Violence Against Women Survey
21 ReportingBy 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
23 Context is EverythingThe Criminal Justice System is by design and necessity, incident focusedWhat 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 VandalismAnnoying or threatening phone callsFollowing or other violations of protective ordersActual assaultsSending unwanted lettersShowing up at the victim’s home or work place
26 Common “harassing” behaviors Attempting to obtain private information about the victim from othersLeaving “gifts” for the victimDisabling the victim’s carTaking mail from the victim’s mailboxEntering the victim’s home when the victim is not thereTaking photographs of or “spying” on the victimReporting 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 ConductOngoing Long-Term Same VictimSame OffenderSame LocationsSuspects often confessThey want to tell how and why they are being misunderstood
28 Parked across street all night Threat AssessmentDevelop a timeline of stalking eventsLook for escalation of threats6/6/ /8/ /12/ /15/ /20/ /25/10Parked across street all nightShowed up at workCat poisonedThreatening callDead rosesletters
29 Threat Assessment More dangerous offenders: Actual pursuit Possession and/or fascination with weaponsVandalism, arsonTendency towards emotional outburst and rageHistory of violating POs
30 Intimate Partner Stalkers: Increased Risk for Victims More likely to physically approach victimMore insulting, interfering and threateningMore likely to use weaponsBehaviors more likely to escalate quicklyMore likely to re-offend
31 Basic Concepts No single profile or type of violent stalker All stalkers are potentially dangerousThe level of threat that a particular suspects poses is not fixedMany subjects who pose a high level of risk do not make threatsAbsence of communicated threats does not mean absence of riskPeople don’t ―just snap‖!!!
32 What about stalking cases can make it Difficult to Investigate? Criminal acts in multiple jurisdictionsOn going crime with varying activity levels over several yearsMay be hard to see whole patternFew witnessesLittle evidenceLaw 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)
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 victimPromising 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 peopleSupports criminal charges (if filed)Can enhance encouragement for stalker to plead guilty
38 Building Probable Cause Police Generated Evidence CollectionSurveillanceSecurity VideoTelephone RecordsReports of Prior ActsSearch WarrantsInterview - Interrogation
39 Steps You Can TakeCounter-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 PolicyCentre County Protocol For A Coordinated Law Enforcement Response to StalkingCentre County, PennsylvaniaState of Minnesota Stalking Response Protocol
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 dies10 years if serious bodily injury or use of weapon5 years for other crimes– 18 USC §2261 (a)(1)
57 INTERSTATE STALKINGTo cross a state line with the intent to kill, injure, harass or intimidate another personThe 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 ReoRecommended reading:The Stalking of KristinBy George LardnerBook # - ISBN