STALKINGSTALKINGSTALKING

STALKING

STALKINGSTALKINGSTALKINGSTALKING

To meet the legal definition of To meet the legal definition of stalking, behavior must:stalking, behavior must:

• Be repeated, unwanted contact;Be repeated, unwanted contact;

• Make a credible threat to you or to an Make a credible threat to you or to an immediate family member;immediate family member;

• Cause a reasonable person under Cause a reasonable person under those circumstances to have fear of those circumstances to have fear of bodily injury or kidnapping.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 injuryBodily injury is defined as: 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, impairment of the function of a bodily member,

organ, or mental faculty; ororgan, or mental faculty; or• any other injury of the body, no matter how any other injury of the body, no matter how

temporary.temporary.

Serious bodily injurySerious bodily injury is defined as: is defined as:• a substantial risk of death;a substantial risk of death;• extreme physical pain; extreme physical pain; • protracted and obvious disfigurement; or protracted and obvious disfigurement; or • protracted loss or impairment of the function of a protracted loss or impairment of the function of a

bodily member, organ, or mental faculty.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 familyImmediate 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 PartnerSpouse 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 LawsWest Virginia Stalking LawsWV Code WV Code §§61-2-9a61-2-9a

• [a] Any person who willfully and [a] Any person who willfully and repeatedly repeatedly followsfollows a person, their immediate family, a person, their immediate family, current social companion or their current social companion or their counselor or attorneycounselor or attorney

Penalty: misdemeanorPenalty: misdemeanor

county or regional jail up to 6 county or regional jail up to 6 months and/or up to $1000 months and/or up to $1000

finefine

• [b] Any person who willfully and [b] Any person who willfully and repeatedly follows repeatedly follows and and makes credible makes credible threatsthreats against a person (or any of the against a person (or any of the persons listed in [a]) with the intent of persons listed in [a]) with the intent of placing them in reasonable fear that placing them in reasonable fear that they or an immediate family member will they or an immediate family member will be killed, sexually assaulted, kidnapped, be killed, sexually assaulted, kidnapped, or physically harmedor physically harmed

Penalty: Penalty: misdemeanormisdemeanorcounty or regional jail up to 6 county or regional jail up to 6

months months and/or up to $1000 fineand/or up to $1000 fine

• [c] Any person who [c] Any person who repeatedly repeatedly harassesharasses or or repeatedly makes credible repeatedly makes credible threatsthreats against a person (or any of the against a person (or any of the people listed in [a])people listed in [a])

Penalty:Penalty: misdemeanormisdemeanor

county or regional jail up to 6 county or regional jail up to 6 months and/or up to $1000 finemonths and/or up to $1000 fine

SUMMARYSUMMARY

• Focus is on interactions between Focus is on interactions between stalker and persons with whom stalker stalker and persons with whom stalker has had a past personal relationship or has had a past personal relationship or seeks to establish a personal or social seeks to establish a personal or social relationship relationship

• Can include victim’s immediate family, Can include victim’s immediate family, current social companion or current social companion or professional counselor or attorneyprofessional counselor or attorney

SUMMARYSUMMARY

Laws address:Laws address:• Willfully and repeatedly following Willfully and repeatedly following

someonesomeone• Willfully and repeatedly following Willfully and repeatedly following

someone and making credible threats someone and making credible threats that cause reasonable fear or death, that cause reasonable fear or death, rape, assault, or kidnappingrape, assault, or kidnapping

• Repeated harassment and repeated Repeated harassment and repeated credible threatscredible threats

If stalking behaviors occur:If stalking behaviors occur:

• In violation of an existing order, it is a In violation of an existing order, it is a misdemeanor and can result in local or misdemeanor and can result in local or regional incarceration for 90 – 365 days regional incarceration for 90 – 365 days and/or fines of $2000 - $5000and/or fines of $2000 - $5000

• Within five years of a conviction and results Within five years of a conviction and results in a second conviction, or is a violation of an in a second conviction, or is a violation of an existing protective order, it is a felony existing protective order, it is a felony punishable by incarceration in a state punishable by incarceration in a state correctional facility for 1 – 5 years and/or correctional facility for 1 – 5 years and/or fines of $3000 - $10,000fines of $3000 - $10,000

INTERSTATE STALKINGINTERSTATE STALKING18 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, e-mail, or the Internet (cyberstalking).

INTERSTATE DOMESTIC INTERSTATE DOMESTIC VIOLENCEVIOLENCE

• 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 INTERSTATE DOMESTIC VIOLENCEVIOLENCE

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 INTERSTATE VIOLATION OF A PROTECTIVE ORDERPROTECTIVE 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 INTERSTATE VIOLATION OF A PROTECTIVE ORDERPROTECTIVE 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 PENALTIES FOR VIOLATING FEDERAL LAWSFEDERAL LAWS

INTERSTATEINTERSTATECOMMUNICATIONSCOMMUNICATIONS

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 HARASSING TELEPHONE CALLS IN INTERSTATE CALLS IN INTERSTATE

COMMUNICATIONSCOMMUNICATIONS

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: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

Female Male

– 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 27.

89% of stalking victims were under the age of 40.

RELATIONSHIP BETWEEN VICTIM AND OFFENDERRELATIONSHIP BETWEEN VICTIM AND OFFENDER

Percentage of Cases

0 5 10 15 20 25 30 35 40

Spouse/Ex-spouse

Co-habiting partner/Ex-partner

Date/Former date

Relative Other than Spouse

Acquaintance

Stranger

Male victims (N=179)

Female victims (N=650)

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

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

STALKERSSTALKERS

TYPES OF STALKERSTYPES OF STALKERS

1. SIMPLE OBSESSION

2. DELUSIONAL/LOVE OBSESSIVE

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

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

DELUSIONAL/LOVE DELUSIONAL/LOVE OBSESSIONALOBSESSIONAL

– 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 SIGNSDANGER SIGNSDANGER SIGNSDANGER 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 BEHAVIORSSTALKING 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 FACTORS THAT MAY INDICATE INCREASED POTENTIAL FOR INCREASED POTENTIAL FOR

VIOLENCEVIOLENCE

FACTORS THAT MAY INDICATE FACTORS THAT MAY INDICATE INCREASED POTENTIAL FOR INCREASED POTENTIAL FOR

VIOLENCEVIOLENCE

• 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 DO PROTECTIVE ORDERS DISCOURAGE STALKING?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 The average duration of a stalking case was 1.8 years.was 1.8 years.

If stalking involved an intimate partner, If stalking involved an intimate partner, the average duration increased to 2.2 the average duration increased to 2.2 years.years.

Top 3 reasons victims thought Top 3 reasons victims thought stalking ended:stalking ended:

• Victim relocated

• Stalker found a new partner

• Law enforcement warned the stalker

EFFECTS OF STALKING ON EFFECTS OF STALKING ON VICTIMSVICTIMS

• 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 VICTIMSSAFETY TIPS FOR VICTIMS

• Tell the stalker “No” once and only Tell the stalker “No” once and only onceonce

• 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 VICTIMSSAFETY TIPS FOR VICTIMS• Vary your travel routesVary your travel routes• Avoid traveling aloneAvoid traveling alone• Inform a trusted neighbor about the Inform a trusted neighbor about the

situationsituation• NEVER give out your home address NEVER give out your home address • Block your address at the DMV and your Block your address at the DMV and your

voter registrationvoter registration• Treat any threat as legitimateTreat any threat as legitimate• Document everythingDocument everything

STALKING INCIDENT and BEHAVIOR LOG

Date Time Description of Incident

Location of Incident

Witness Names (Attach Address and Phone #)

Police Called

(Report #)

Stalking Incident and Behavior Log furnished by Stalking Resource Center, http://www.ncvc.org

DEVELOP A SAFETY PLAN

• Quick access to critical telephone Quick access to critical telephone numbersnumbers

• Keep accessible reserve of necessitiesKeep accessible reserve of necessities

CYBERSTALKINGCYBERSTALKING

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

METHODS/TECHNIQUESUSED

• Send unsolicited e-mails

• Use live chat harassment

• Start rumors

• Set up a web page

• Assume the victim’s persona

on-line

CYBERSTALKING AND TEENSCYBERSTALKING 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 Most abusers messaged on-line with future victims for more than a month.future victims for more than a month.

• When teenagers do meet the adults, When teenagers do meet the adults, sex or oral sex almost always occurs.sex or oral sex almost always occurs.

• Although molesters favor girls, about a Although molesters favor girls, about a quarter of the arrests were for abusing quarter of the arrests were for abusing teen boys.teen boys.

EFFECTS OF CYBERSTALKINGEFFECTS 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:MOST VULNERABLE VICTIMS:

• Depressed, troubled children

• Teens yearning for acceptance

POSSIBLE OUTCOMESPOSSIBLE 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 West Virginia Code §61-3C-14A§61-3C-14A(a) It is unlawful for any person, with the intent to

harass or abuse another person, to use acomputer 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 West Virginia Code §61-3C-14A§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. 18 U.S.C. §§2261A(2)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 TIPSSAFETY TIPS

• Use a gender-neutral username/e-mail address

• Use a free e-mail account

• Limit information you divulge on-line

• Monitor chat rooms before “speaking” or posting messages

WHAT CAN PARENTS DOTO REDUCE THE RISK OF

CHILD SEXUAL EXPLOITATION ON THE INTERNET?

Parents can: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 emails

• Identify other computers accessible to the child

IF YOU ARE A VICTIM OF ON-LINE IF YOU ARE A VICTIM OF ON-LINE STALKING: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 IF YOU ARE A VICTIM OF ON-LINE STALKING: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)

RESOURCESRESOURCESIF YOU ARE A VICTIM OF STALKING AND SEXUAL ASSAULT, IF YOU ARE A VICTIM OF STALKING AND SEXUAL ASSAULT,

CALL 1-800-656-HOPECALL 1-800-656-HOPE

• CONTACT Huntington, Huntington – 1-866-399-RAPE• Family Refuge Center, Lewisburg - 304-645-6334• Family Service REACH, Charleston – 304-340-3676• HOPE Inc, Fairmont - 304-367-1100 • Rape and Domestic Violence Information Center, Morgantown-

304-292-5100 • Sexual Assault Help Center, Wheeling – 304-234-8519• Shenandoah Women’s Center, Martinsburg –

304-263-8292• Women’s Aid in Crisis, Elkins – 304-339-1185• Women’s Resource Center, Beckley - 304-255-2559 or 1-888-825-

7836• West Virginia Foundation for Rape Information and Services –

304-366-9500

RESOURCESRESOURCES IF YOU ARE A VICTIM OF STALKING AND DOMESTIC VIOLENCE, IF YOU ARE A VICTIM OF STALKING AND DOMESTIC VIOLENCE,

CALL 1-800-799 SAFECALL 1-800-799 SAFE

• Branches Domestic Violence Shelter, Huntington - 304-529-2382• Family Crisis Center, Keyser – 304-788-6061• Family Crisis Intervention Center, Parkersburg – 304-428-2333• Lighthouse, Weirton - 304-797-1489• S.A..F.E., Welch – 304-436-8117• YMCA, Wheeling - 1-800-698-1247• YMCA, Charleston – 304-340-3549• Family Refuge Center, Lewisburg – 304-645-6334• HOPE, INC, Fairmont - 304-367-1100• Rape and Domestic Violence Information Center, Morgantown –

304-292-5100• Shenandoah Women’s Center, Martinsburg 304-263-8292• Tug Valley Recovery Center, Williamson – 304-235-6121• Women’s Aid in Crisis, Elkins – 1-800-339-1185• Women’s Resource Center, Beckley – 304-255-2559• WV Coalition Against Domestic Violence – 304-965-3552

NATIONAL VICTIM-RELATED WEBSITESNATIONAL VICTIM-RELATED WEBSITES

• CyberAngels www.cyberangels.org• National Center for Missing & Exploited

Children www.cybertipline.com

www.missingkids.org• National Center for Victims of Crime/Stalking

Resource Centerwww.ncvc.org

• SafetyEd Internationalwww.safetyed.org

• Working to Halt Online Abuse (WHOA)www.haltabuse.org