Stalking as a Legal Crime - Research Paper Example

Stalking is a criminal offense which can be defined as annoying and bothering another person by giving repeated and unnecessary attention to the point of being obsessed.  It can be in the form of harassing another person by staring, following, making phone calls, sending emails or gifts, or even appearing at another person’s place. The stalker can not only try to form intimate relationship with the person but may also bring physical harm to the victim in any way.   Stalking usually consists of those actions and behaviors that are generally acceptable like making a phone call to someone or sending an email etc. but the unwillingness of the receiver to have any contact with the sender makes it an offence. Stalking, unlike other crimes, composes of a series of actions rather than a single act. The frequency and too much repetition of certain acts make it a crime (Sexual Harassment Support, 2010). Stalking is considered as a form of mental assault in which the person repeatedly annoys a stranger or someone with whom he has a past relationship without the willingness of the victim. Examples of Stalking Stalking can be in any form, sometimes as: Constantly watching the individual either directly or through any video or audio recording equipment. Sending text messages, emails, and notes or making phone calls to the victim Being physically present at the victim’s home or automobile or in the neighborhood Sending presents of any kind, from apparently innocent to the demoralizing ones Collecting information about the victim through various sources Threatening the victim either orally or by damaging the victim’s property and physically harming the person; in rare cases, sexually. Harming the character of the victim by talking negatively about him or creating false propaganda through media Stalking can be done by a stranger or someone who has had an intimate relationship with the victim in the past.  Most victims identify the stalkers as friend or ex-partner (22 %), and neighbor or roommate (16%). People of both genders are equally likely to report the stalking to the police.  The victims feel uncertainty (46%) and the frequency of unwanted contact exceeds up to 5 years in some victims (11%). About half of the victims (41%) have to experience stalking episode per week. About 14 in every 1000 individuals who are aged above 18 have to face stalking.  Cyber-stalking is reported by approximately 1 in 4 of victims and 1 out of 11 victims are stalked through electronic monitoring. The risk of stalking is high in people who are either divorced or had breakup (US Department of Justice, 2009).  Women are most likely to be the victim of stalking than men. 1 out of 12 women becomes the victim of stalking whereas 1 out of 45 men experience stalking. According to a study by the University of Leicester, stalkers investigate about their victims and collect information about the victims from their family, friends and workplace and public records. The majority of victims suffer psychologically and economically as a result of stalking losing their jobs and relationships. The psychological effects of stalking include anxiety (80%) sleep disturbance, substance abuse, depression, powerlessness, post-traumatic stress disorder and even suicide (Sexual Harassment Support, 2009). Stalking has been reported to be prevailed in different countries. In Australia a study showed that 23% of the population reported having been stalked (Mullen et al., 2002). In a research by Budd et al. (2000) the results showed that England & Wales have a lifetime prevalence of 12%. United States is reported to have a lifetime prevalence of 10% (Tjaden and Nancy 2000). California is the first state to criminalize stalking in 1990 in U.S as a result of high profile stalking cases which involved celebrities. Later every state in the United States criminalized stalking with different names as criminal menace or harassment. A majority of stalking cases are not taken to criminal courts (U.S Department of Justice, 2009). Types of Stalking The following types of stalkers have been given by Mullen (Sexual Harassment Support, 2009): 1. Rejected Stalker: The rejected stalker is the most common type of stalker who stalks someone who has ended a relationship with them or rejected them in some way. This type of stalker attempts to reconcile or correct their relationship with someone who does not want any relationship with them anymore. They are jealous and try to harm the victim in order to avenge them for ending relationship with them. They are usually violent and cannot tolerate the fact that their ex is in relationship with someone else. 2. Resentful Stalker: The resentful stalker is someone who tries to frighten and disturb someone in order to seek revenge from the victim. They usually threaten the victim verbally and do not use physical force often like the other stalkers. 3. Intimacy Seeker: The intimacy seeker is the type of stalker who tries to form an intimate relationship with the victim, considering the other person as their 'soul mate'. This type of stalker often suffers from 'erotomania' which is the belief that the victim is in love with them. The stalker is unwilling to accept the fact that the victim is not interested in him rather will take the negative responses also as an encouraging factor. The stalker may become violent if rejected by the victim. 4. Predatory Stalker: The predatory stalker is the rare type of stalker who engages is physical and sexual activity with the victim. The predatory stalker has no objective but to get sexual satisfaction and feeling of power through stalking the victim. 5. Incompetent Suitor: This type of stalker is motivated by the desire to form romantic relationship with the victim but lacks the required courting skills. He will constantly bother the victim by sending notes, gifts, repeatedly asking for dates etc. This type of stalker has a long history of stalking many people in his life. The stalkers can be categorized as being psychotic or non psychotic. A study by Mullen found 63% of the stalkers to be having psychiatric disorders as major depression, personality disorder or substance dependence (Sexual Harassment Support, 2009). Stalking can take a dangerous turn if the stalker is mentally unstable; 90% of women who were killed by their ex-partners were previously stalked by them (Peterson, 2001). Stalkers can be ex-partner, family members, friends, neighbors, colleagues or strangers. The people belonging to the health profession, for instance, doctors, psychologists, psychiatrists etc are likely to be stalked by their patients. Similarly, teachers are stalked by students or vice versa. The stalkers commit violent crimes in the work place as rape, robbery, assault etc. Over two million people became the victims of violent crime between the year 1992 to 1996 having 1.5 million assaults, 51000 rapes, 84000 robberies and over 1000 homicides (U.S Department of Justice, 2009). Stalkers can be male as well as female. Females usually stalk other females and people they know whereas males often pursue females. There is no significant difference between male and female stalkers on the use of violence while the motive for stalking may differ in both genders. The stalkers believe that there is a ‘real’ relationship between themselves and the victims; they aim either to make the relationship a reality or try to show that they still have a relationship with the victim (Schmalleger, 2009). Cyber Stalking: Cyber stalking is normally a way to harass a person by means of internet. According to CyberAngels (2007) cyber stalking can be identified as having malice, repetition, distress, obsession, personally directed, having no legitimate purpose, disregarded warnings to stop and threat. Cyber stalkers collect information about the victim from various sources. For this purpose they may approach the friends and acquaintance and colleagues of the victim, and may also hire a detective to gather information about the victim. The cyber stalkers aim to harm the reputation of the victim by posting inaccurate information about them on websites, blogs, social networking websites, etc. In addition the cyber stalkers encourage the other people to annoy the victim as well, and will claim that they have been stalked by the victim. They will also send viruses on their victim’s computer and consequently damage the data and equipment of the victim. They also subscribe to various magazines or order pornographic items in the victim’s name and deliver them to the victim’s work place. The cyber stalkers also arrange meetings between people without the victim’s knowledge. Cyber stalking can be prevented by following certain steps: Firstly, collect all the information related to cyber stalking on internet so that you could protect yourself from cyber stalking. You should be careful and vigilant while disclosing your personal information on your profiles of social networking websites like facebook, twitter, orkut, etc. Do not respond to the stalker directly rather report the matter to the authorities to stay away from cyber stalkers (Akram, B, 2010). Vengeance/Terrorist Stalker: This type of stalker has been defined by the National Victim Assistance Academy (2002). The terrorist stalker is also called ‘Political Stalker’. Both types of stalkers try to force the victims to derive a certain response which is in favor of the stalker rather than forming a personal relationship with the victims. The motive of the vengeance stalker is to take revenge from the victim as he perceives that the victim has done injustice to them, whereas the political stalker employs the political agenda using threats to force the victim to get involved in some activity which the victim is unwilling to do. Theoretical Model for Stalking: Stalking has been explained through a variety of theoretical models which address the presence of underlined psychological mechanisms. Attachment theory is one of the theories which can be used to explain the phenomenon of stalking. Attachment theory explains how an individual develops feelings of insecurity as a result of living in a chaotic family environment which may lead to aggression and violent behavior in adolescence and adulthood (Nobles et al. 2010). According to a current study, a significant relationship between anxious attachment style and stalking has been found. The stalking behavior in people occurs after a break up and has trouble with partner violence. Attachment Theory: Attachment theory has been given by John Bowlby who described attachment as a “lasting psychological connectedness between human beings” (Cherry, K, 2010). He talked about attachment especially with reference to the emotional bond between an infant and primary caregiver. The main idea behind the attachment theory is that a child has a need to form a relationship with someone for normal, social and affective development. The infant gets attached with people who respond positively to them in matters of social interaction and take care of their needs. The theory establishes the belief that the responsive and available mothers contribute towards establishing sense of security in their child. The infant’s belief in the availability of caregiver helps them in forming a secure base for them. When a human infant is separated from his caregiver, it undergoes a series of three stages of emotional reactions which are protest, despair and detachment (Hazan & Shaver, 1987). A research on human infants proves that sensitive responding by the parent toward infant helps in creating secure attachment in infant (Personalityresearch.org, 2010). Attachment theory explains the attachment styles of infants as secure, avoidant and resistant/ambivalent (Cherry, 2010). Secure Attachment: The children who are securely attached feel uncomfortable when they are separated from their caregiver and become happy when they are taken to the caregiver. It is important to mention that although they become upset when they are taken away from their caregiver, but believe that the caregiver will come back to them. Avoidant Attachment: The children having this attachment style tend to avoid the caregiver. Research suggests that the children having this attachment style develop this pattern in themselves as a result of having neglectful caregiver. Ambivalent Attachment: The children having this attachment style feel very uncomfortable when they are separated from their parents. According to research, ambivalent attachment style is developed as a result of having a mother who is not available at all times especially when the child need them. According to research, insecure attachment at an early age has a negative effect on adult behavior. Insecure attachment leads to many disorders such as conduct disorder, post-dramatic stress disorder and various attachment difficulties; the children having insecure attachment style become adults who suffer from relationship difficulties. How to prevent Stalking: Stalking can be eradicated by overcoming the specific motivations of a particular stalker. It is not necessary that a strategy which is helpful in dealing with one type of stalker will be effective in dealing with all type of stalkers. Stalking can be prevented by following certain steps (Freelegaladvicehelp.com, 2007): Stalking should not be taken lightly, so in order to protect yourself from stalking you should take legal support and report the matter to the police and get a court order. Do not forget to save the evidence of stalking in the form of text messages, emails and notes or letters you received from the stalker. Make sure you are fully protected by getting the services of security guard or police. Try not to give your personal cell phone number, residence number or home address to strangers as a protective measure. Try to change your daily schedule for traveling by following different routes. Try to memorize the emergency telephone numbers, for instance, police stations, domestic violence shelter, etc and the location of your secure places such as a friend’s house. Always keep your car tank full in case you have to go for a quick departure. Keep suitcase packed in case you have to rush away. Always keep a pepper spray or a small knife in your pocked incase a stalker walks into you. Take care that your personal information is not leaked out; always dispose of the paper work having your personal information before departing so that no stranger gets to know about you. When you go for a walk take your dog with you for protection. Record the details of the stalker’s behavior in a diary whenever a stalking episode occurs. Try to park your car in a secure well-lit area and have someone who can escort you. If a stalker bothers you by making obsessive phone calls do not change your phone numbers as it will be taken as a new challenge for the stalker to overcome so that they can come near you. Purchase an answering machine and ask some friend who belongs to your gender to record the message. Learn self defense techniques, such as judo, karate, kung fu etc. Try to clear the stalker once in a plain language that you do not want any relationship with them. Don’t get emotional and avoid using harsh words. Stay away from arguments and negotiations with the stalker as it will encourage the stalker to maintain contact. Do not encourage the stalker in any way and be careful you do not unintentionally encourage the stalker. Do not start contact with the stalker as they will misunderstand this and think that you want to maintain contact with them. Try to avoid the statements like “I’m committed”, “I can’t talk to you right now as I’m busy” as the stalker will interpret them as future indications that you want to contact the stalker. Do not respond to the stalker by returning their letters or gifts as the stalker will have a sense of connecting with you (Stalkinghelp.org, 2010). References: Akram. B (2010). How to Prevent and Report Online Stalking. Retrieved 23 November, 2010 from http://www.techreaders.com/2010/04/how-to-prevent-and-report-online-stalking/ Budd, T., Mattinson, J. and Myhill, A. (2000). The extend and nature of stalking: findings from the 1998 British crime survey. British Crime Survey. Retrieved 23 November, 2010, from http://www.crimereduction.homeoffice.gov.uk/stalking.htm Cherry, K (2010). Attachment Theory. Retrieved 21 November, 2010 from http://psychology.about.com/od/loveandattraction/a/attachment01.htm CyberAngels (2007). Cyber Stalking/Harassment. Retrieved 23 November, 2010, from http://www.cyberangels.org/security/stalking.html Hazan, C., & Shaver, P. (1987). Romantic love conceptualized as an attachment process. Journal of Personality and Social Psychology, 52, 511-524. Freelegaladvicehelp.com (2007). How to Prevent Stalking Harassment. Retrieved 23 November, 2010 from http://www.freelegaladvicehelp.com/criminal-lawyer/stalking/How-To-Prevent-Stalking-Harrassment.html Mullen, P. E., Purcell, R. and Pathe, M. (2002). The prevalence and nature of stalking in the Australian community. Australian and New Zealand Journal of Psychiatry, 36(1) pp.114-220. National Victim Assistance Academy (2002). Stalking. Retrieved 23 November, 2010, from http://www.ncjrs.gov/ovc_archives/nvaa2002/chapter22_2.html Nobles, M. R., Patton, C. L. & Fox, K. A.(2010). Look who’s stalking. Journal of Criminal Justice, 38(3), 282. Personalityresearch.org (2010). Attachment Theory. Retrieved 21 November, 2010 from http://www.personalityresearch.org/attachment.html Peterson, M. M. (2001). A Tangled Web. National Journal, Abstract summary. Tjaden, P. and Nancy, T. (1998). Stalking in America: findings from the national violence againt women survey. National Violence Against Women Survey. Retrieved 23 November, 2010, from http://www.ncjrs.gov/txtfiles/169592.txt Schmalleger, F., (2009). Stalking. Criminology Today (pp. 390-433). Sexual Harassment Support [SHS], (2009). Types of Stalkers and Stalking Patterns. Retrieved 21 November, 2010 from http://www.sexualharassmentsupport.org/TypesofStalkers.html Stalkinghelp.org (n.a.). Resources of stalking victims. Retrieved 21 November, 2010 from http://homepage.psy.utexas.edu/homepage/Group/BussLAB/stalkinghelp/StalkingWhatCanI.html#Strategies US Department of Justice (2000). The sexual victimization of college women. Retrieved 21 November, 2010 from http://www.actionohio.org/Stalking_on_campus.htm Wisegeek.com (2010). What is Cyberstalking? Retrieved 23 November, 2010 from http://www.wisegeek.com/what;is;cyberstalking.htm Read More