Stalking

California passes first state legislation on stalking in 1990

By 1997, all 50 states had

stalking laws.

Under Tennessee law, stalking: means a willful course of conduct involving

repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

T.C.A. § 39-17-315.

Definitions● Course of conduct: a series of two or more

separate non-continuous acts that show a continuity of purpose

● Harassment: conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress, and that actually causes the victim to suffer emotional distress.

Unconsented contact: Includes, but is not limited to:           ● Following a person● Appearing at a person's workplace or residence ● Contacting a person by telephone● Sending mail or electronic communications to

the person● Delivering an object to the person

Emotional distress● means significant mental suffering or distress

that may, but does not necessarily, require medical or other professional treatment or counseling.

Stalking is a Class A misdemeanor.

Aggravated stalkingInvolves stalking and one of these: ● Displays a deadly weapon  ● If the victim was less than age 18 and the stalker is at

least 5 years older than the victim          ● If the stalker has a prior conviction in the past seven

years ● If the stalker makes a credible threat to the victim or

victim’s family members ● If there is any court order (e.g. protective order) that is

violated● Aggravated stalking is a Class E felony.

T.C.A. § 39-17-315.

Especially Aggravated Stalking

Involves stalking or aggravated stalking and one of these:

● has previously been convicted of stalking or aggravated stalking involving the same victim or

● causes serious bodily injury to the victim or select members of their family

● Especially Aggravated Stalking is a Class C felony.

T.C.A. § 39-17-315.

Stalking victims

● are eligible for protective orders and orders are enforced just like any protective order under the law

T.C.A. §36-3-601

Play Stalking Video

Real Fear, Real Crime

Stalking is different from other crimes:

1. It entails repeat victimization2. It is partly defined by its impact on

the victim: contact that would cause a reasonable person to suffer emotional distress.

Impact of Stalking● Severe psychological trauma● Victims constantly on alert● Dealing with stalking can consume

tremendous energy ● Many seek psychological counseling. ● Symptoms tend to worsen with each new

incident

Reactions● Take steps to avoid being followed

● Screen calls and change personal information

● Temporary or permanent relocation

● Feel trapped by technology

Victim/Offender Relationship ● Stalking can occur:

during a relationshipafter a relationshipor in the absence of a relationship.

● Most stalking, however, is committed by individuals known to us and most is in the context of interpersonal violence.

Extent of the Problem ● 8% of American women and 2% of men have

experienced stalking in their lifetime● 78% of stalking victims are women and 94% of

their stalkers are men● About 3/4’s of the women knew their stalkers,

most of whom were intimate partners (59%)● Victims were most apt to report they were

being stalked because stalker wanted them in a relationship

● On average, stalking lasted 18 months● It is often a precursor to lethal violence.

Reporting● Only about half reported to the police.● Those who do not report do not think the matter

is criminal, do not think the police can help them, or fear that reporting will make the stalker even more dangerous.

● Twenty percent of victims who reported stalking stated that the police did not act regarding their complaints.

● May minimize the risk a stalker poses or blame themselves for the stalker's behavior and fail to report.

Other Laws Related To Stalking Behavior• protective/restraining orders;• threats, assaults, and attempted murder;• kidnapping;• vandalism and other property crimes;• theft;• domestic violence;• sexual assault;• hate crimes;• terrorism or terrorist threats;• voyeurism; • identity and/or utility theft;• cruelty to animals;• wiretapping.

● Most stalking appears to be related to battering/relationship violence

● Stalking laws are another way for victims to seek protection under the law

● Penalties may be stronger under stalking that other laws (e.g. violation of protective order)

In sum:

Challenges for Police● Not a single, obvious crime ● Can involve acts the police may perceive as

part of everyday courtship● Behaviors are complex, varied, and

unpredictable.● Stalkers are persistent and may not respond

to official sanctions● May see criminal justice system processes as

a way to stay in contact with victims● Effective investigations depend on gathering

information from many sources.

Things that Assist Police● Offender is known● Numerous opportunities to observe the stalker's behavior and make

an arrest.● Leave much evidence to piece together● Documentation increases success● The sooner police can document stalking incidents, the greater the

chance of bringing the offender to justice before a case escalates to lethal levels.

● Stalking logs can assist in this process.

Assessment Exercise

Effective Actions

Identify stalking cases early● The sooner police identify stalking, the

greater the chance of protecting the victim from physical harm.

● Ask victims if there are other related incidents

● Reviewing incident reports each day● Examine protective orders for language

suggesting repeated behavior● Reviewing the calls for service history.

Getting effective victim input● Actively engage victims in

investigations. ● Victims' family members, neighbors,

employers, coworkers, and others are also potentially important witnesses.

Ensuring that victims receive consistent, professional support services● Counselors and victim advocates can help

victims be effective witnesses and take proper steps to protect themselves.

● They can maintain frequent contact with victims and assist in many ways

● In addition, victim advocates can help police develop more effective anti-stalking policies and train officers to apply them.

Use a collaborative, multidisciplinary approach

● Stalking victims often require a broad range of services.

● A collaborative approach encourages quicker responses from the most appropriate resources.

Enforce all relevant laws● Stalking statutes should be enforced in

conjunction with all other relevant laws.● Police can rely on laws against domestic

violence, phone harassment, vandalism, voyeurism, trespass, court-order violations, and many other crimes to hold stalkers accountable and protect victims.

● Assist Victims with Safety

Measures of Effectiveness● increased number of stalking complaints ● shorter time between the first and last stalking

incidents● reduced harm suffered by victims● increased number charges are filed● increased conviction rate● increased number of arrests for violations of

protective orders● increased victim satisfaction with police handling

of their cases● increased victim perception of safety