Stalking: Identifying the Crime
and Supervising Stalkers
APAI Training Conference
Newport, Rhode Island
April 21, 2009
Presented by: Jodi Rafkin
jrafkin@ncvc.org
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 [offender’s] accountability
for his choice of coercive and violent
behavior.”
• Understanding stalking
• Considerations for supervising
offenders
– Victim contact
• SRC & APPA Project – Guide for
Responding to Stalking for Community
Corrections Officers
• Your feedback
Stalking
Pattern of behavior directed at a
specific person that causes a
reasonable person fear.
Understanding Stalking
• Can you threaten someone without using
any threatening words?
• Can non-criminal behaviors constitute the
crime of stalking?
Context is critical!
Understanding Stalking
“Sometimes I unlock my car and find
a rose on the seat—no note, just the
rose. Somehow he got into my car
and left it there; it’s all he needs to do
to terrorize me.”
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)
Gender of Offenders
Male Victims
Female Victims
Female Victims
Male
Offender
Male Victims
Male
Offender
41%
67%
24%
Female
Offender
43%
Female
Offender
Relationship Between Victim and
Offender
Current or former intimate partner
(spouse, boy/girlfriend)
30%
Friend/roommate/neighbor
16%
Acquaintance
10%
Known from work or school
10%
Stranger
10%
Relative
9%
0%
5%
10%
15%
20%
25%
30%
35%
–- Stalking Victimization in the United States, BJS (2009)
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)
Stalking and Intimate Partner
Violence
Point in Intimate Relationship When Stalking
of Women Occurs
After relationship ends 43%
Before relationship ends 21%
Before & after relationship ends 36%
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)
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
- Women’s Experience of Violence During Stalking by Former Romantic Partners (2005)
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)
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)
+
=
Physical Abuse
Stalking
Higher indicator of lethality
than either behavior alone
The Intersection of Stalking
and Sexual Assault
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)
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 stalkingrelated 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)
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?
Stalkers
Profiles
THERE ARE NO DEFINITIVE
PROFILES OF STALKERS!
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
–
–
–
–
Simple obsessional
Love
Erotomania
False victimization syndrome
– Intimate
– Nonintimate
o Organized
o Delusional
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)
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)
Why do they stalk?
• Seeking Affection
• Rejection
• Obsession
• Power & Control
• Sexual Gratification
• Planning to commit a crime
• Because they can
“The Stalker” e-card
www.americangreetings.com
Stalking Behavior
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)
Stalking Behaviors
unwanted phone calls and messages
66%
spreading rumors
36%
following or spying
34%
unwanted letters and email
31%
showing up at places
31%
waiting for victim
leaving unwanted presents
29%
12%
0% 10% 20% 30% 40% 50% 60% 70%
–- Stalking Victimization in the United States, BJS (2009)
Stalking Behaviors
Threatened to commit suicide.
7.0%
Threatened to hurt or kill family members.
9.0%
Threatened to report respondent to CPS or other
authorities if demands were not met.
10.2%
Threatened while driving a car.
11.7%
Threatened to hurt or kill.
12.5%
Threatened to report respondent to police for something
that did not occur.
16.4%
Person came to the home or work place and created a
disturbance.
Broke into the house, car, or buisness.
Unwanted contact because someone was waiting around
outside the home, work, etc.
Car was tampered with.
Stole items from house, car or business.
- Stalking in Texas (2007)
20.3%
3.9%
21.1%
22.7%
34.4%
Stalking Behaviors
Threatened to commit suicide.
Threatened to hurt or kill family members.
Threatened
to report respondents to
7.0%
CPS or other authorities if demands
were not met. (10.2%)
9.0%
Threatened to report respondent to CPS or other
authorities if demands were not met.
10.2%
Threatened while driving a car.
Threatened to hurt or kill.
Threatened to report respondent to police for something
that did not occur.
11.7%
Threatened to report to police for
12.5%
something that did not occur.
(16.4%)
16.4%
Person came to the home or work place and created a
disturbance.
Broke into the house, car, or buisness.
Unwanted contact because someone was waiting around
outside the home, work, etc.
Car was tampered with.
Stole items from house, car or business.
- Stalking in Texas (2007)
20.3%
3.9%
21.1%
22.7%
34.4%
Use of Technology to Stalk
•
•
•
•
•
•
•
•
Phones
Cameras
Global Positioning Systems (GPS)
Computers
Email & IM
Spyware
Assistive technologies
Social networking sites
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)
Average Duration of Stalking
• All stalking: 1.8 years
• Intimate partner stalking: 2.2 years
National Violence Against Women Survey, Tjaden & Thoennes (1998)
Duration of Stalking
6 months or less
7-11 months
1 year
2 years
3 years
4 years
5 years or more
Don't know
0%
10%
20%
30%
40%
50%
–- Stalking Victimization in the United States, BJS (2009)
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)
Reporting to Law Enforcement
• 37% of male stalking victims
• 41% of female stalking victims
–- Stalking Victimization in the United States, BJS (2009)
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)
Reasons For Not Reporting
Thought it was a minor incident (minimization)
27%
Private or personal matter
27%
Reported to another official
14%
Not clear a crime occurred
11%
Thought police wouldn't think it was important
or would be ineffective
11%
Couldn't identify offender/lacked evidence
10%
Feared the perpetrator/afraid of reprisals
6%
0%
–- Stalking Victimization in the United States, BJS (2009)
5%
10%
15%
20%
25%
30%
Impact on Victims
Victim Impact
•
•
•
•
•
•
Loss of sleep
Nightmares (sleeping and awake)
Weight loss/ gain; changes in eating
patterns
Depression
Anxiety; hypervigilence
Difficulty concentrating
Victim Impact
Mental/Emotional
Impact
Financial Impact
• 80% of victims reported
increased anxiety
• 74% reported that the stalking
partner interfered with
employment
• 30% of female & 20% of
male victims sought
psychological counseling
• 30% of victims developed
PTSD
• 25% of victims considered
or attempted suicide
• 59% experience work
disruption or a diminished
ability to obtain or maintain
employment because of work
interference by stalking
partner.
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)
Victims’ Voices
“It’s 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.”
“It’s 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
What Can We Do?
Legal System Response
Criminal
Charges
Civil
Remedies
Supervising Offenders
Engaging in Stalking
Behavior
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
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 offender’s level of knowledge about
electronics and telephone transmissions
– ask if victims use email or cell phone
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 defendant’s person, premises,
residence, vehicle, and any area under the
defendant’s 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 offender’s residence to look for the victim’s property,
photographs of her, or any indications of a fixation with the
victim
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
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
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
Specialized Units and Tools
• Assign to low caseloads with high
control - Intensive Supervision or
Domestic Violence
• Electronic monitoring
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)
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
Victim Contact
• Encourage victims to maintain documentation of
the stalker’s behavior, but no do not depend on
the victim to prove violations
STALKING INCIDENT LOG
Date
Time
Description of
Incident
Location of
Incident
Witness Name(s)
(Attach Address and
Phone #)
Police Called
Officer Name
(Report #)
(Badge #)
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 prosecutor’s office
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 can’t 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 can’t and can pass information on
to her
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
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
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?
www.ncvc.org/src
Victims: 1-800-FYI-CALL
gethelp@ncvc.org
Jodi Rafkin
Program Attorney
National Stalking Resource Center
jrafkin@ncvc.org
202-467-8720
www.ncvc.org/src