Stalking: Identifying the Crime and Supervising Stalkers

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Stalking Identifying the Crime and Supervising
Stalkers
APAI Training Conference Newport, Rhode
Island April 21, 2009 Presented by Jodi
Rafkin jrafkin_at_ncvc.org
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The Critical Role of Community Corrections
Officers

• Community Corrections Officers are charged with
  the dual goals of supporting victim safety and
  autonomy while simultaneously holding offenders
  accountable for their behavior.
• Early intervention may prevent illness, injury,
  and even death by supporting victim safety and
  reinforcing the offenders accountability for
  his choice of coercive and violent behavior.

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• Understanding stalking
• Considerations for supervising offenders
• Victim contact
• SRC APPA Project Guide for Responding to
  Stalking for Community Corrections Officers
• Your feedback

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Stalking

• Pattern of behavior directed at a specific
  person that causes a reasonable person fear.

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Understanding Stalking

• Can you threaten someone without using any
  threatening words?
• Can non-criminal behaviors constitute the crime
  of stalking?

Context is critical!
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Understanding Stalking

• Sometimes I unlock my car and find a rose on
  the seatno note, just the rose. Somehow he got
  into my car and left it there its all he needs
  to do to terrorize me.

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Prevalence of Stalking

• 3.4 million people stalked annually
• Women nearly 3 times greater risk of being
  stalked than men
• Persons aged 18-24 experienced the highest rates
  of stalking victimization
• Nearly half experienced at least 1 unwanted
  contact per week
• 11 had been stalked for five or more years

• - Stalking Victimization in the United States,
  BJS (2009)

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Gender of Offenders
Female Victims
Male Victims
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67
43
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Relationship Between Victim and Offender

• - Stalking Victimization in the United States,
  BJS (2009)

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Connection to Intimate Partner Violence

• 81 of stalking victims who were stalked by an
  intimate partner reported that they had also been
  physically assaulted by that partner
• 31 of women stalked by her intimate partner were
  also sexually assaulted by that partner

National Violence Against Women Survey, Tjaden
Thoennes (1998)
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Stalking and Intimate Partner Violence
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Point in Intimate Relationship When Stalking of
Women Occurs
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Intimate Partner Stalkers Increased Risk for
Victims

• More likely to physically approach victim
• More insulting, interfering and threatening
• More likely to use weapons
• Behaviors more likely to escalate quickly
• More likely to re-offend

The RECON Typology of Stalking, Mohandie et al
(2006)
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Stalking Violence

• 35.9 of women stalked by former romantic
  partners experienced stalking violence
• any physical attack on the victim by the stalker
  that resulted in physical injury to the victim or
  that was interpreted by the victim as being
  intended to result in physical injury

- Womens Experience of Violence During Stalking
by Former Romantic Partners (2005)
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Lethality

• 76 of femicide cases involved at least one
  episode of stalking within 12 months prior to the
  murder.
• 85 of attempted femicide cases involved at least
  one episode of stalking within 12 months prior to
  the attempted murder.

Stalking and Intimate Partner Femicide, McFarlane
et al. (1999)
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Lethality

• 67 of femicide victims had been physically
  abused by their intimate partner in the 12 months
  before the murder.
• 89 of the femicide victims who had been
  physically abused had also been stalked in the 12
  months before the murder.

Stalking and Intimate Partner Femicide, McFarlane
et al. (1999)
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Physical Abuse Stalking Higher indicator
of lethality than either behavior alone
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The Intersection of Stalking and Sexual Assault
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Stalking and Sexual Assault

• 31 of women stalked by her intimate partner
  were also sexually assaulted by that partner

National Violence Against Women Survey, Tjaden
Thoennes (1998)
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Stalking Sexual Assault on Campus

• In 10.3 of campus stalking incidents, the victim
  reported that the stalker forced or attempted
  sexual contact
• - National Sexual Victimization of College Women
  (2000)
• 3/4 of women who experienced stalking-related
  behaviors experienced other forms of
  victimization (sexual, physical, or both)
• Stalking and rape/sexual assault only 26
• Stalking, physical and rape/sexual assault 11
• - Stalking acknowledgement and reporting among
  college women experiencing intrusive behaviors
  (2007)

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FBI Research

• Interviews with convicted rapists in prison
• General pattern for rape
• Targeted women
• Watched them over time
• Waited for opportunity when woman was vulnerable
• Is this stalking?

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Stalkers
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Profiles

• THERE ARE NO DEFINITIVE PROFILES OF STALKERS!

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Stalker Typologies

• Multiple typologies ranging from 3 to 12
• Can be helpful, but are only general
  classifications
• Individual stalkers may not precisely fit any
  single category, and often exhibit
  characteristics associated with more than one
  category

• Intimate
• Nonintimate
• Organized
• Delusional

• Simple obsessional
• Love
• Erotomania
• False victimization syndrome

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Demographics

• Criminal History
• 33 had prior adult violent criminal history
• 19 had prior adult non-violent criminal record
• 27 had no priors

The RECON Typology of Stalking, Mohandie et al
(2006)
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Demographics

• 46 of offenders had a clear or probable
  DSM-IV-TR diagnosis at time of stalking 30 had
  none
• Substance abuse present in 32 of cases
• Suicidal ideation present in 25 of cases

The RECON Typology of Stalking, Mohandie et al
(2006)
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Why do they stalk?

• Seeking Affection
• Rejection
• Obsession
• Power Control
• Sexual Gratification
• Planning to commit a crime
• Because they can

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The Stalker e-card

• www.americangreetings.com

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Stalking Behavior
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Pattern of Behavior

• 2/3 of stalkers pursue their victim at least once
  per week
• 78 of stalkers use more than one means of
  approach
• Weapons used to harm or threaten victims in about
  20 of cases

- The RECON Typology of Stalking
The RECON Typology of Stalking, Mohandie et al
(2006)
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Stalking Behaviors

• - Stalking Victimization in the United States,
  BJS (2009)

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Stalking Behaviors
- Stalking in Texas (2007)
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Stalking Behaviors
Threatened to report respondents to CPS or other
authorities if demands were not met. (10.2)
Threatened to report to police for something that
did not occur. (16.4)
- Stalking in Texas (2007)
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Use of Technology to Stalk

• Phones
• Cameras
• Global Positioning Systems (GPS)
• Computers
• Email IM
• Spyware
• Assistive technologies
• Social networking sites

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Use of Technology to Stalk

• More than 1 in 4 victims reported some form of
  technology used
• 83 email
• 35 instant messaging (IM)
• 7 electronic monitoring of some kind
• Video or digital cameras were equally likely as
  listening devices or bugs to be used to track
  victims

• - Stalking Victimization in the United States,
  BJS (2009)

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Average Duration of Stalking

• All stalking 1.8 years
• Intimate partner stalking 2.2 years

National Violence Against Women Survey, Tjaden
Thoennes (1998)
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Duration of Stalking

• - Stalking Victimization in the United States,
  BJS (2009)

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Recidivism Rates

• Occurred in 60 of cases
• Time between intervention and recidivism was
  about 2 months
• Ranged from 1 day to 6 years

The RECON Typology of Stalking, Mohandie et al
(2006)
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Reporting to Law Enforcement

• 37 of male stalking victims
• 41 of female stalking victims

• - Stalking Victimization in the United States,
  BJS (2009)

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Reports to Law Enforcement

• 54 of femicide victims reported stalking to
  police before they were killed by their stalkers.
• 46 of attempted femicide victims reported
  stalking to police before the attempted murder.

Stalking and Intimate Partner Femicide, McFarlane
et al. (1999)
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Reasons For Not Reporting

• - Stalking Victimization in the United States,
  BJS (2009)

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Impact on Victims
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Victim Impact

• Loss of sleep
• Nightmares (sleeping and awake)
• Weight loss/ gain changes in eating patterns
• Depression
• Anxiety hypervigilence
• Difficulty concentrating

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Victim Impact

• Mental/Emotional Impact
• 80 of victims reported increased anxiety
• 30 of female 20 of male victims sought
  psychological counseling
• 30 of victims developed PTSD
• 25 of victims considered or attempted suicide

• Financial Impact
• 74 reported that the stalking partner interfered
  with employment
• 59 experience work disruption or a diminished
  ability to obtain or maintain employment because
  of work interference by stalking partner.

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Impact on Victims

• Afraid of
• 46 not knowing what would happen next
• 29 behavior would never stop
• 9 death
• 1 in 8 of employed victims lost time from work
• More than half lost 5 days or more

• - Stalking Victimization in the United States,
  BJS (2009)

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Victims Voices
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• Its not easy to describe the fear you have when
  you see the stalker, or signs of the stalker,
  everywhere you go. I have given up all hopes of
  ever having a safe life. For the rest of my life,
  I will be looking over my shoulder, expecting to
  see him there.

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Its going to take getting a bullet put in my
head before people understand how serious this
is.-Statement of stalking victim one month
prior to her murder by her stalker in Jan. 2003
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What Can We Do?
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Legal System Response

• Civil
• Remedies

• Criminal
• Charges

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Supervising Offenders Engaging in Stalking
Behavior
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What crimes might these offenders have committed?

• Stalking
• Domestic violence
• OP violations
• Assault
• Harassment
• Home invasion
• Attempted murder
• Sexual assault

• Kidnapping
• Vandalism
• Wiretapping or utility theft
• Burglary
• Theft
• Identity theft
• Child Abuse
• Hate Crimes

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Screening Offenders

• Determine if the circumstances of the case meet
  the definition of stalking
• Review the case file for documented evidence of
  stalking
• Conduct an interview with the victim(s), if they
  agree, asking direct questions
• Conduct ongoing investigations related to
  stalking behaviors
• ask if the offender has access to email at home
  or work
• determine offenders level of knowledge about
  electronics and telephone transmissions
• ask if victims use email or cell phone

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Suggested Special Conditions of Supervision

• No contact or attempted contact with the victim
  or her family in person through mail, electronic
  and telephonic means, or third parties
• Searches of the defendants person, premises,
  residence, vehicle, and any area under the
  defendants immediate control without prior
  notification
• Search conditions include searches of computer if
  there are indicators the offender is using
  electronic means to obtain information about the
  victim or harass her
• Search offenders residence to look for the
  victims property, photographs of her, or any
  indications of a fixation with the victim

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Suggested Special Conditions of Supervision

• Defendant will provide supervising agency with
  all aliases, screen names, ISP account
  information, cell phone numbers and other
  identifying data
• Refrain from the use of alcohol, and drugs unless
  prescribed by a physician
• Mental health evaluation

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Suggested Special Conditions of Supervision

• Limitations on where the offender may go that may
  bring him near or in contact with the victim
  (e.g. stay out of a county, neighborhood etc.)
• Offender shall not own or possess any rifle,
  shotgun, firearm, or other instruments construed
  to be a weapon, and dispose of weapons in a
  manner as deemed appropriate
• Offender shall not possess a hunting license,
  pistol permit, or FID card

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Supervise Offender at Highest Level Allowed

• Make frequent field contacts with the offender
  and collateral persons
• Conduct frequent and random checks for alcohol
  and drug use
• Develop, monitor, and review payment schedules
  for court ordered fines, restitution, and child
  support
• Direct the offender to report daily, when
  appropriate, as a consequence of offensive
  behavior
• Assign the offender to a specialized caseload
  where such options exist

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Specialized Units and Tools

• Assign to low caseloads with high control -
  Intensive Supervision or Domestic Violence
• Electronic monitoring

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Victim Contact

• Provide victims with information about stalking,
  including technology aided stalking
• Talk with victims about obtaining a protective
  order against the stalker
• Encourage victims to share information pertinent
  to their safety (e.g. unwanted contact by the
  offender)

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Victim Contact

• Keep victims informed about the status of the
  offender
• Upon receipt of a case
• Prior to initial interview with offender
• Prior to offender release from incarceration
• Prior to development of case plan
• Prior to change in supervision level/status
• Upon any change in the supervision conditions
• Prior to transfer of the case to another officer
  or jurisdiction
• Prior to the expiration or termination of
  supervision

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Victim Contact

• Encourage victims to maintain documentation of
  the stalkers behavior, but no do not depend on
  the victim to prove violations

STALKING INCIDENT LOG STALKING INCIDENT LOG STALKING INCIDENT LOG STALKING INCIDENT LOG STALKING INCIDENT LOG STALKING INCIDENT LOG STALKING INCIDENT LOG
Date Time Description of Incident Location of Incident Witness Name(s) (Attach Address and Phone ) Police Called (Report ) Officer Name (Badge )


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Victim Contact

• Inform the victim how violations are usually
  processed and what outcomes or sanctions may
  result
• Refer victim to an advocate and recommend they
  develop a safety plan
• Local domestic violence or sexual assault program
• Local victim services agency
• Law enforcement or prosecutors office

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Collaboration with Advocates

• Strengthen cases and help support victim safety
  and autonomy
• Advocates can explain the community supervision
  process and help victims understand what officers
  can and cant do
• Advocates can help prepare victims for meetings
  with officers and may attends meetings to provide
  support
• Advocate may be able to locate or contact a
  victim when an officer cant and can pass
  information on to her

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Agency Practices

• Develop written policies or procedures regarding
  supervising stalking offenders
• Develop policies about agency staff responding to
  victims by email and phone that will keep her
  safe
• Safeguard information about victims in agency
  files and computer systems
• Maintain confidentiality of victims locations

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Agency Practices

• Form partnerships with local advocacy
  organizations and solicit their input in all
  policy implementation and planning activities
• Develop or participate in a Coordinated Community
  Response (CCR) meet regularly with all
  stakeholders in the community to identify
  obstacles and plan solutions
• Develop formal and informal interagency
  agreements via MOUs
• In conjunction with local advocates, review
  existing training materials and agency protocols
  for victim safety issues
• Provide opportunities for cross-training

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Your thoughts?

• What else should we be considering?
• What challenges are there in supervising
  offenders that stalk?
• How can these challenges be addressed?
• Anything else?

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www.ncvc.org/src
Victims 1-800-FYI-CALL gethelp_at_ncvc.org
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Jodi Rafkin Program Attorney National
Stalking Resource Center jrafkin_at_ncvc.org 202-467-
8720 www.ncvc.org/src