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What Is Stalking?

Stalking is legally defined as "willful, malicious and repeated following and harassment combined with the credible threat intended to make the victim fear death or serious injury." Experts estimate that 1 in 20 women will become stalking targets at some point in their lives. While both men and women can be either perpetrators or victims of stalking, the overwhelming majority of cases involve men stalking women (75-80%).

Psychologists have identified two categories of stalking behavior. (1) "Love Obsession Stalkers" represent about 20-25% of all stalking cases. These stalkers develop a love fixation on another person with whom they have never had any personal relationship. Some choose to stalk celebrities, others develop obsessions with regular, ordinary people. (2) "Simple Obsession Stalkers" represent about 70-80% of all stalking cases. These stalkers are differentiated from Love Obsession Stalkers in that they have had a personal or romantic relationship with their victims before the stalking behavior began. In most instances, the victim has become the stalker's sole source of self-esteem. When the victim tries to break off the relationship, the perpetrator's thinking evolves from "If I can just prove how much I love you" to "I can make you love me," to "If I can't have you, nobody else will." Stalking cases which developed from domestic violence patterns are the most common and potentially lethal.

Levels Of Stalking

  • Mental Obsession
    At this level, the stalker is preoccupied with intrusive thoughts regarding the victim. The stalker is unable to stop thinking about him/her. This type of obsession often occurs at the beginning of a relationship during the infatuation stage, or at the end of a relationship when the stalker feels rejected.

  • Surveillance
    At the next level the stalker follows the victim to collect information. Surveillance allows the stalker to watch the victim in his/her natural habitat. Information about the victim is collected from various sources - observation, co-workers, friends, and family, and unsuspecting others. Direct approaches range from reading the victim's mail to going through the victim's trash.

  • Harassment
    During harassment, the stalker is attempting to either seduce or intimidate the victim into compliance. The stalker has now crossed the line from observation of to interaction with the victim. In the beginning, the stalker may attempt to be attentive, charming or even romantic. The stalker remains congenial as long as the victim responds favorably. However, if the victim rebuffs or ignores the stalker's attempts at courtship and/or control, a more negative campaign of harassment may result.

  • Extermination
    This is a lethal phase of stalking because the perpetrator has now realized no possibility exists for any relationship with the victim. The stalker may not see any alternative but to kill the victim and frequently himself/herself.* While the progression of these levels is common, no stalking case is completely predictable.

What Are The Laws?

It wasn't until 1990 that California became the first state to pass a law that made stalking a crime. This law gave law enforcement officers legal leverage to intervene in stalking cases before offenders took action. Since that time, all 50 states have made stalking a crime.

When you file a complaint under the stalking statute, you must have sufficient evidence to establish "probable cause." In other words, the stalking victims are put in the position of having to prove their case to law enforcement before they are allowed to take their case to court. It is essential, therefore, to document every stalking incident very thoroughly. For example, victims should be advised to collect phone answering messages, letters, photos of the stalker, video tapes, audio tapes, photos of property damage, affidavits from witnesses, and any objects the stalker may have left.

Victims may seek to obtain a restraining order from the local court. These orders require the offender to stay away from the victim, and if violated, the stalker may be punished by a fine or jail time. Nevertheless, restraining orders are not foolproof and may create a false sense of security.

A victim may also use the arm of the law when she/he has determined that the perpetrator has broken the law by entering the victim's residence without permission, by stealing property, by destroying property, or by physically assaulting the victim.

Preventive Measures

  • Notify the stalker to stop.
    You or your attorney can send a registered letter to the stalker requesting that the behavior cease. Treat all threats as serious and notify law enforcement immediately.

  • Tell everyone you know what is going on.
    Give friends, co-workers, relatives and neighbors a description or picture of the stalker and his/her vehicles, and have them document everything they see. Warn them not to give the stalker any information about you. Have co-workers or family members screen visitors and calls. Give your address and phone numbers to as few people as possible.

  • Document everything carefully.
    Take pictures of destroyed property, injuries inflicted on the victim, or other evidence. Save all letters or notes written by the stalker. Save answering machine messages. Log dates and times of all unwanted contact.

  • Secure your home.
    Change locks and secure spare keys. Install solid doors with dead bolt locks. Post a "no trespassing" sign on the edge of your property. Improve lighting and visibility around your house. Change your phone number to unlisted. Obtain a post office box.

  • Vary your behavior.
    Don't follow the same routine every day. Change your driving routes and times when you usually do things. Limit or eliminate walking or jogging alone. Try to stay in public places.

  • If you move...
    Don't leave a "paper trail" by having mail forwarded to you new address. Take all records (medical, financial, school) with you.

  • Take care of yourself.
    Join a support group or consider therapy to help you deal with stress. Develop your support system.

Victims In Danger, But Not Imminent Risk

  • Develop a safety plan.

  • 1. Memorize or have quick access to important phone numbers including:

    • Law enforcement

    • Safe places (friends, shelters, etc.)

    • Attorneys

    • Trusted people to help you when safety is secured (child care, pet care, etc.)

    2. Be ready for a quick departure:

    • Pack a small suitcase for yourself (and children)

    • Have reserve money stashed

    • Gather critical documents (birth certificates, presciptions, social security information, passports, creditors numbers)

    3. Alert critical people of your situation.

    • Family & friends

    • Law enforcement/security

    • Employers/co-workers

Victims In Imminent Danger

  • Attempt to locate a safe place.

      • Police stations

      • Residences of family/friends

      • Shelters or local churches

      • Public areas (stalker may be less likely to create a public disturbance)

    • Call 911 or other emergency number.

    NOTE: The above information is not intended to be a strict set of guidelines, but rather to give victims options. Unfortunately, there is no guarantee that if you follow any or all of these suggestions that you will be safe.

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