Stalking the
Stalker
Stalking Presentation
May 2013
Bob Kaiser Asst. DA, Dane Co.
[email protected]
Mary Ricksecker Lt., Madison Police Dept.
Retired
“I wake up every morning, wondering if this is the day I will
die at the hands of my stalker. I spend the day looking over my
shoulder for him. I jump every time the phone rings. I can’t sleep
at night from worrying. When I do sleep, I have nightmares of
him. I can’t escape him for a minute. I never have a moment’s
peace awake or asleep.”
— A Stalking Victim
Studies and Statistics

National Violence Against Women Survey
–1998 Tjaden &Thoennes
 Nation Sexual Victimization of College
Women Survey –2000 Fisher,Cullen
&Turner
 Femicide Study –1999 McFarlane et al
What the studies tell us:

There is a very big connection between DV
& Stalking
 Also connection between stalking and
Sexual Assault, especially clear in campus
study
 Stalking is a huge risk factor for homicide
 Stalking affects millions of people
What is Stalking?

Any person who engages in a course of conduct
directed at a specific person which places that
person, or their family, in reasonable fear for their
safety, commits the crime of stalking
 Stalking is a “course of conduct”
 Stalking behavior has to be viewed with the
context of that “course of conduct”
 Each state defines stalking a little differently
Stalking Behaviors





Followed, spied on, stood outside
home or work (82%)
Made unwanted phone calls (61%)
Sent unwanted letter, left unwanted
item (33%)
Vandalized property (30%)
Killed or threatened to kill a pet (9%)
(study conducted by the center for Policy
Research)
Stalker Demographic Profile

Male (87%)
 White
 Between the ages of 18-35
 Above average intelligence
 Personality or mental disorders
Stalking Victim Demographic
Profile





Women (78%)
Young (74%)--between the ages of 18-39
White (83%)
Married (59%)
Educated (35% high school 46% college)
Relationship between the
Stalker and the Victim
Stranger
22%
Acquaintance
18%
Relative
4%
Spouse/Partne
r
42%
Date
14%
Simple Obsession Stalking
Domestic Violence Stalking
 60% of all stalking cases
 Among the most dangerous of cases:
– 30% of all female homicides were committed
by intimate partners
– Domestic violence victims run a 75% higher
risk of being murdered by their partner
Michael Sveum (case study)

SUSPECT: Michael W/M
26 yrs old when began stalking victim
 VICTIM: Jamie F/W
21 yrs old when stalking began
 RELATIONSHIP: ex-boyfriend/girlfriend
had lived together off and on for 2yrs
Daniel Kutz (case study)

Daniel Kutz (2001)
–
–
–
–

Convicted of 1st degree intentional homicide
Stalking
Hiding a corpse
Resisting a officer
Multi jurisdictional case
–
–
–
–
Columbia Co. Sheriff
Dane Co.Sheriff
Deforest PD
Madison PD
Wisconsin Stalking Statute
940.32
 (2) Whoever meets all of the following criteria is
guilty of a Class I felony:

(a) actor intentionally engages in a course of
conduct directed at a specific person that would
cause a reasonable person under the same
circumstances to suffer serious emotional distress
or to fear bodily injury to or the death of himself
or herself or a member of his or her family or
household.
Stalking Law 940.32

(b) the actor knows or should know that at
least one of the acts that constitute the
course of conduct will cause the person to
suffer serious emotional distress or place
the specific person in reasonable fear of
bodily injury to or the death of himself or
herself or a member of his or her family or
household.
Stalking Law 940.32

(c) The actor’s acts cause the specific
person to suffer serious emotional distress
or induce fear in the specific person of
bodily injury to or the death of himself or
herself or a member of his or her family or
household.
NEW DEFINITIONS:

(1)(a) “course of
conduct means a series
of 2 or more acts
carried out over a
period of time,
however short or long,
that show a continuity
of purpose, including
the following:


Note: for dates after 7/30/02,
that new statute applies, and
after 4/27/04 this new statute
applies, no matter how many
acts were committed before.
VENUE—2 or more acts means
that so long as ONE is in your
county, that’s enough to give
your county jurisdiction. See
971.19(2), where a crime which
requires 2 or mor acts to cmmit
can be prosecuted in any county
in which one of the acts
occurred.
Course of Conduct cont.





COURSE OF CONDUCT:
1. Maintaining visual or physical proximity to the
victim.
2. Approaching or confronting the victim.
3. Appearing at the victim’s workplace or
contacting the victim’s employer or coworkers.
4. Appearing at the victim’s home or contacting
the victim’s neighbors.
Course of conduct cont.

5. Entering property owned, leased, or
occupied by the victim.
 6. Contacting the victim by telephone or
causing the victim’s telephone or any other
person’s telephone to ring repeatedly or
continuously, regardless of whether a
conversation ensues.
COURSE OF CONDUCT, CONT’D:

6m.
Photographing, videotaping,
audiotaping, or, through any other
electronic means, monitoring or recording
the activities of the victim, regardless of
where the act occurs;
Course of Conduct cont.

7. Sending material by any means to the victim or,
for the purpose of obtaining information about,
disseminating information about, or
communicating with the victim , to a member or
the victim’s family or household or an employer,
coworker, or friend of the victim.
 8. Placing an object on or delivering an object to
property owned, leased or occupied by the victim.
Course of Conduct cont.

9. Delivering an object to a member of the
victim’s family or household or an employer,
coworker, or friend of the victim or placing an
object on, or delivering an object to, property
owned, leased, or occupied by such person with
the intent that the object be delivered to the victim.
 10. Causing a person to engage in any of the acts
described in subsections 1 – 9.
WHAT IF 1 – 9 IS ALSO ANOTHER
CRIME?

It is not required that the acts constituting the
course of conduct be a crime in themselves for
them to be charged as part of stalking;
 On the other hand, if the acts, such as battery (see
enhancer 940.32(3)(a)), false imprisonment, DC,
Recklessly endangering safety, violation of a RO
or bail jumping are some of the acts constituting
the course of conduct, they can and SHOULD be
charged as additional crimes—they all have
elements that are not required to be proved to
prove stalking so they are not lesser included
offenses.
Definitions

Suffer Severe emotional distress : means to
feel terrified, initmidated, threatened,
harassed, or tormented.
Stalking Law 940.32

(2) Whoever meets all of the criteria (a),
(b), (c), is guilty of a Class I felony.
(THREE MAIN ELEMENTS)
Stalking Law 940.32

(2e)
Whoever meets all of the following criteria
is guilty of a Class I felony:
– (a) After having been convicted of sexual assault under
s.940.225, 948.02, 948.025 or a domestic abuse
offense, the actor engages in any of the acts listed
sub.(1)(a) 1.to 10., if the act is directed at the victim of
the sexual assault, or the domestic abuse offense.
– (b) The actor intends that the act will place the specific
person in reasonable fear of bodily injury to or the
death of himself or a member of his family or
household.
Stalking Law cont.
– (c) The actors act causes the specific induces
fear in the specific person of bodily injury to or
the death of himself or herself or a member of
his or her family or household
(1) (ap)”Domestic abuse offense” means an
act of domestic abuse that constitutes a
crime.
 (1) (am)”Domestic abuse” has the meaning
given in s. 813.12(1)

Stalking Law 940.32

(2m) Whoever violates sub (2) is guilty of a
Class H felony if any of the following applies:
– (a) the actor has a previous conviction for a violent
crime, as defined in 939.632(1) (e) 1., or a previous
conviction under this section or s. 947.013 (1r), (1t),
(1v), or (1x).
– (b) The actor has a previous conviction for a crime, the
victim of that crime is the victim of the present
violation of sub. (2), and the present violation occurs
within 7 years after the prior conviction.
Stalking Law cont

(2m) cont.
– (c) The actor intentionally gains access or causes
another person to gain access to a record in electronic
format that contains personally identifiable information
regarding the victim in order to facilitate the violation.
– (d) The person violates 968.31(1) or 968.34(1) in order
to facilitate the violation.
– (e) The victim is under the age of 18 years at the time of the
violation.
Stalking Law cont.

(3) Whoever violates sub (2) is guilty of a
Class F felony if any of the following
applies:
– (a) The act results in bodily harm to the victim
or a member of the victims family or
household.
Stalking Law cont.

(3) cont.
– (b) The actor has a previous conviction for a violent
crime, as defined in s. 939.632(1)(e)1., or a previous
conviction under this section or s.947.013 (1r), (1t),
(1v),or (1x), the victim of that crime is the victim of
the present violation of sub. (2), and the present
violation occurs within 7 years after the prior
conviction.
– (c). The actor uses a dangerous weapon in carrying out
any of the act listed in sub(1)(a) 1.to 9.
Stalking cont. 940.32

(4) (a) This section does not apply to conduct that
is or acts that are protected by the person’s right to
freedom of speech or to peaceably assemble with
others under the state and U.S. constitutions,
including, but not limited to, any of the following:
– 1. Giving publicly to and obtaining or communicating
information regarding any subject, whether by
advertising, speaking or patrolling any public street or
any place where any person or persons may lawfully
be.
Stalking cont. 940.32

(4) (a) 2. Assembling peaceably.
– 3. Peaceful picketing or patrolling.
(b) Paragraph (a) does not limit the activities that
may be considered to serve a legitimate purpose
under this section.
(5) This section does not apply to conduct arising
out of or in connection with a labor dispute.
Stalking 940.32

(6) The provisions of this statute are
severable. If any provision of this statute is
invalid or if any application thereof is
invalid, such invalidity shall not affect other
provisions or applications which can be
given effect without the invalid provision
The Investigation

Treat seriously—high lethality potential
 Educate Victim
– What is stalking
– Different kinds of threats
– That pattern will not end with police investigation

Get facts first, then approach fear issue. Victim
may be less fearful than needs to be and more
annoyed.
– Can you guarantee safety?
The Investigation

Collect all notes, gifts, message tapes from
victim
 Enlist victim in collecting evidence log,
including how contact made victim feel and
for how long
– Screen calls
– Answering machine tapes

Have victim report all contacts
The Investigation

Interview Victim
– Series of events so victim may need time to think and
–
–
–
–

process
Most recent, worst, what was the first behavior, etc.
How did suspect meet victim
How to locate suspect
Prior relationships (other victims)
No false promises to victims:
– Can you guarantee safety?
The Investigation

If victim feels it is not safe to get TRO,
explore reasons. Victim may be right.
 If suspect is at large, ask victim for a photo
 Discourage victim form any contact with
the suspect.
 Any contact is good contact to the stalker
The Investigation

Interview victim about suspect’s……
–
–
–
–
–
–
Family members
Best friends
Hangouts
Employment, past employers
Vehicles, storage lockers,
Post office boxes, email addresses, cell phone #’s,
pagers, and any previous addresses
– Financial information such as credit and banking cards
for tracking purposes
The Investigation

Always do a search warrant
– Look for evidence of obsession
– Shrines in home or work
– Evidence of criminal behavior
– Journals or diaries of victim
 and/or other family members
The Investigation

If no violation, contact the stalker and
advise of consequences
 Conduct surveillance if high risk lethality
 Apprehend for EVERY violation
 Visit each crime scene (photograph,
measure, video, diagram)
 Make presentation to DA
The Investigation

Advise Judge of past
activities and request
high bonds
 Anticipate every case
will be taken to trial
by the stalker and
prepare victim
Questions for the Victim





Has the suspect ever threatened you?
Has the suspect ever attempted to assault or
assaulted you?
Has the suspect ever threatened or been physically
violent with someone other than you ?
Has the suspect committed any other violent act?
Do you ever initiate contact with the suspect? For
What reason?
Preparing the victim for future
incidents





Seek support from people who understand. Avoid people who
minimize the problem and tell you that you are overreacting.
Do workouts with a buddy if you jog or go work out a club. (This will
make the victim feel safer and will also provide a witness if the stalker
approaches them.
Don’t walk alone or jog at night.
Ask security for escorts to car if necessary. Alternate secure or close
parking arrangements if possible.
If the victim is an employee, provide copy of RO to supervisor,
provide picture. Emergency contact person if employer is unable to
contact the employee. Safety in the workplace is big consideration.
Victim Issues

Experts suggest that where the offender is known
the victim should send a clear written warning,
CEASE-UNWANTED
 Under no circumstances should they continue to
communicate with the stalker
 Victim should save all communications, record
dates and times, emails etc.
 Victim may wish to file a complaint with their ISP
and or Stalkers ISP (if cyberstalking)
Other types of Interventions
Letter to suspect w/ “no
contact statement” from
victim
 Letter from College
 Law enforcement contact
 Campus security contact

Sample No Contact Statement
(Spence-Diehl, 1999)
[Stalker’s Name]
I am not interested in having any type of a
relationship with you. Do not continue to
call me, send letters or have any other
type of contact with me. Your behavior
puts me in fear of my safety. If you
continue, I will call the police and file
stalking charges.
[Victim’s Name]
Victim Issues cont.

Victim may wish to change ISP, look into
privacy programs
 Victim should seek help/support from
family/friends and law enforcement.
 Safety planning: before criminal charges
are brought, at arraignment, pending trial,
after trial or disposition.
Creating a Safety Plan
o
o
o
Safety planning can be complex, it is helpful
to enlist the assistance of a trained advocate
and reach out to other campus resources
Don’t underestimate the stalker’s potential for
violence
A victim who knows the stalker is the true
expert on her safety
Safety Plan Advice for
Victims
o
o
o
o
Do not attempt to communicate with the
stalker
If you are being followed, go to a safe,
public area (police station)- don’t go home
Get a new, unlisted phone number and use
an answering machine
Try to travel in a group or with friends
Stalking’s Impact on Victims

83% of victims reported personality changes (Hall,
1998)


80% of victims reported increased anxiety and
arousal due to the stalking; 75% had chronic sleep
disturbances; and 33% met criteria for PTSD in
DSM (Pathe & Mullen, 1997)
26% of female victims lost time from work, and
7% of female victims never returned to their jobs
(Tjaden, 1998)