Report to Congress on Best Practices Regarding Enforcement of Anti-Stalking Laws

Report to Congress on Best Practices

Regarding Enforcement of Anti-Stalking Laws

Reporting Requirement

Section 3 of the Combat Online Predators Act (PL No. 116-249) requires the Attorney General to

submit a report to Congress on best practices regarding enforcement of anti-stalking laws, one

year after the date of enactment of the Act. The report is to include an evaluation of federal,

tribal, state, and local efforts to enforce laws relating to stalking;” and “identify and describe

those elements of such efforts that constitute the best practices for the enforcement of such

laws.”

Background

Roughly 1 in 3 women, and 1 in 6 men in the United States have suffered some form of stalking

in the course of their lifetime.

Stalking is challenging to police effectively as it is a pattern-based, rather than an incident-

based, crime. Responding to stalking cases often necessitates specialized knowledge and a

significant investigative effort.

Research supported by the Department of Justice (DOJ), Office

on Violence Against Women (OVW) suggests that the law enforcement response would be

improved with the implementation of assessment tools for identifying stalking behaviors within

the context of other intimate partner violence (IPV)-based crimes, as well as by providing

specific training for officers.

A detailed summary of research, statistics, best practices, and OVW grantees’ efforts related to

stalking can be found in OVW’s reports to Congress pursuant to 34 U.S.C. § 12049, which

requires a report every even-numbered fiscal year to include information about the incidence

of stalking and domestic violence and evaluating the effectiveness of anti-stalking efforts and

legislation. OVW’s reports to Congress are available here:

https://www.justice.gov/ovw/reports-congress.

Smith, S. G., Basile, K. C., & Kresnow, M. (2022). The National Intimate Partner and Sexual Violence Survey (NISVS): 2016/2017

Report on Stalking. National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.

https://www.cdc.gov/violenceprevention/pdf/nisvs/nisvsstalkingreport.pdf

National Institutes of Justice. (2022, February 1). Current State of Knowledge about Stalking and Gender-Based Violence: The

Known, Unknown, and Yet To Be Known [Webinar].

https://nij.ojp.gov/events/current-state-knowledge-about-stalking-and-gender-based-violence-known-unknown-and-yet-be.

Garza, A.D., Franklin, C. A., & Goodson, A. (2020). The nexus between intimate partner violence and stalking: Examining the

arrest decision. Criminal Justice and Behavior, 47(8), 1014-1031, available at:

https://journals.sagepub.com/doi/pdf/10.1177/0093854820931149.

Stalking Victimization in the United States

This section contains updated information to reflect federal data on stalking published in 2022

by the DOJ’s Bureau of Justice Statistics and the Centers for Disease Control and Prevention in a

recent report to Congress submitted pursuant to 34 U.S.C. § 12049. (BJS 2019 and 2022 reports;

CDC NISVS 2022 report)

The Bureau of Justice Statistics (BJS) reports that approximately 3.4 million people age 16 or

older were stalked in 2019,

and the National Intimate Partner and Sexual Violence Survey

(NISVS), administered by the Centers for Disease Control and Prevention (CDC), has found that

about 1 in 3 women and 1 in 6 men have experienced stalking at some point in their lives.

Women who are divorced or separated face the highest rate of stalking.

The majority of

victims are stalked by people they know, and 43.4% of female victims and 32.4% of male

victims of stalking are stalked by a current or former intimate partner.

Stalking victims report that stalking tactics most often include the perpetrator: following the

victim, approaching the victim or showing up in places, such as the victim’s home, work, or

school; using GPS technology or equipment to monitor or track the victim’s location; leaving

strange or potentially threatening items for the victim to find; sneaking into the victim’s home

or car and doing things to scare the victim by letting the victim know they had been there; using

technology such as a hidden camera, recorder, or computer software to spy on the victim from

a distance; making unwanted phone calls to the victim; sending the victim unwanted emails,

text or photo messages, or social media messages; and sending the victim cards, letters,

flowers, or presents when they knew the victim does not want.

Perpetrators who stalk victims do so repeatedly, and over a significant period of time: Twenty-

four percent of stalking victims said the stalking behavior lasted for two years or more, and

10.8% said it happened too many times to count.

In addition to the relentless nature of the crime, stalking is also a significant risk factor for

domestic violence-related homicide. In a study of cases of actual or attempted domestic

violence homicide involving a female victim who was physically assaulted by her violent partner

in the preceding year, nearly all (90%) of the victims were also stalked by their assailant.

the women in that study who were murdered, 54% had reported the stalking to police before

they were killed. Another study assessing police records found that domestic violence cases

Morgan, R. E., & Truman, J. L. (2022). Stalking Victimization, 2019. U.S. Department of Justice Bureau of Justice Statistics.

Available at: https://bjs.ojp.gov/content/pub/pdf/sv19.pdf.

Smith, Basile, & Kresnow (2022).

Morgan & Truman (2022).

Smith, Basile, & Kresnow (2022).

Morgan & Truman (2022).

McFarlane, J., Campbell, J.C., Wilt, S., Sachs, C., Ulrich, Y., and Xu, X. (1999). Stalking and intimate partner femicide. Homicide

Studies, 3(4), 300–316.

with features of stalking or stalking charges were more threatening and violent than cases

without elements of stalking.

Young adults and people in the lowest income brackets experience higher rates of stalking:

people in households with incomes under $10,000 were more likely to be stalking victims than

people with household incomes over $10,000.

More than half of female stalking victims report that they were first stalked before age 25, and

about 1 in 4 were first stalked before age 18; those figures are similar for male victims of

stalking.

Research has found that stalking may be more common on college campuses than in

the general population.

According to one study of nearly 1,600 college students, 42.5% had

experienced some form of stalking victimization. However, victims may not recognize stalking

as a crime.

Of those students reporting behavior that qualified as stalking, only about one

quarter (24.7%) self-identified as stalking victims, and their likelihood of acknowledging the

behavior as stalking was linked with more severe and injurious actions by the offenders.

Being stalked, and suffering the fear and threats that characterize the crime, is significantly

correlated with the severity of symptoms of posttraumatic stress disorder (PTSD) and

psychological distress endured by female victims.

Stalking burdens victims with numerous

tangible and intangible costs, from emotional trauma to financial ruin. Anxiety, insomnia, and

depression, and other symptoms of traumatic stress are much higher among stalking victims

than people who have not been stalked.

Furthermore, stalking by a current or former

intimate partner has been found to escalate victims’ fear and distress, with victims being

significantly afraid that their stalkers would physically or sexually assault them, harass them and

their loved ones, threaten their children, cause financial problems, or humiliate them publicly.

In addition to the emotional and psychological toll of stalking, victims also face financial

hardship as they may have to move, cancel cell phone plans, change jobs, reduce employment,

or purchase expensive security systems in attempts to remain safe. One study found that

domestic violence victims who were stalked after obtaining a protection order incurred an

Klein, A. K., Salomon, A., Huntington, N., Dubois, J., & Lang, D. (2009). A statewide study of stalking and its criminal justice

response. (NCJ 228354). Washington, DC: U.S. Department of Justice, National Institute of Justice.

Morgan & Truman (2022).

Smith, Basile, & Kresnow (2022).

See, for example: Buhi, E. R., Clayton, H., & Surrency, H. (2009). Stalking victimization among college women and subsequent

help-seeking behaviors. Journal of American College Health, 57(4), 419–426.

McNamara, C. L., & Marsil, D. F. (2012). The prevalence of stalking among college students: The disparity between

researcher-and self-identified victimization. Journal of American College Health, 60(2), 168–174.

McNamara, C. L., & Marsil, D. F. (2012).

Fleming, K. N., Newton, T. L., Fernandez-Botran, R., Miller, J. J., & Burns, V. E. (2012). Intimate partner stalking victimization

and posttraumatic stress symptoms in post-abuse women. Violence Against Women, 18(12), 1368-1389.

Blaauw, E., Winkel, F. W., Arensman, E., Sheridan, L., & Freeve, A. (2002). The toll of stalking: The relationship between

features of stalking and psychopathology of victims. Journal of Interpersonal Violence, 17(1), 50-63; and, Brewster, M. (2002).

Trauma symptoms of former intimate stalking victims. Women and Criminal Justice, 13(2/3), 141-161.

Logan, T. K., Walker, R., Hoyt, W., & Faragher, T. (2009). The Kentucky civil protective order study: A rural and urban multiple

perspective study of protective order violation consequences, responses, and costs. (NCJ 228 350). Washington, D.C.: U.S.

Department of Justice, National Institute of Justice. Available at: http://www.ncjrs.gov/pdffiles1/nij/grants/228350.pdf.

average of $610 in property damage or loss in a six-month period, compared to $135 for victims

whose abusers violated protection orders in ways that did not include stalking, and $15 for

those whose protection orders were not violated and who were not stalked.

Victims who

were stalked after the protection order was issued also lost more work time (78 hours) than

victims who did not experience further abuse or stalking while a protection order was in place

(4 hours).

Stalking is an underreported crime: around 30% of stalking victims in 2019 reported it to

police.

Victims’ reasons for not reporting include: a belief that the police cannot or will not do

anything, fear that they will not be believed, being afraid of the perpetrator, not wanting law

enforcement or courts involved in the matter, thinking that the perpetrator’s actions are not

serious enough to warrant reporting to police, and not having proof of stalking.

Furthermore,

research has documented that stalking is rarely identified in domestic violence cases that

include elements of stalking,

and people arrested for stalking often are not prosecuted.

OVW-Supported Training and Technical Assistance to Enforce Laws Related to Stalking and

Best Practices

To ensure the field has appropriate training, technical assistance, and access to best practice

information when addressing stalking, OVW has funded the Stalking Prevention Awareness and

Resource Center (SPARC). SPARC maintains a thorough and informative website with resources

for victim services providers, law enforcement officers, prosecutors, and corrections personnel.

SPARC identifies and derives its materials from best practices in each of these professions and

packages them in useful, engaging formats for the intended audience. The full spectrum of best

practices, tools, briefs, and more can be found at https://www.stalkingawareness.org/. Below is

a sampling of these resources organized by profession.

For victim services providers:

• SPARC provides these Quick Tips for stalking response strategies;

• A Guide for Advocates on responding to stalking, which is also available in Spanish; and

Logan, T. K., & Walker, R. (2010). Toward a deeper understanding of the harms caused by partner stalking. Violence and

Victims, 25(4), 440-455.

Logan & Walker (2010).

Morgan & Truman (2022).

Logan, T. K., Cole, J., Shannon, L., & Walker, R. (2006). Partner stalking: How women respond, cope, and survive. New York:

Springer Publishing Company; Tjaden, P. & Thoennes, N. (1998). Stalking in America: Findings from the national violence against

women survey. (NCJ 169 592). Washington, DC/Atlanta, GA: National Institute of Justice and the Centers for Disease Control

and Prevention; and Logan, T. K., Walker, R., Hoyt, W., & Faragher, T. (2009).

See, for example: Tjaden, P. & Thoennes, N. (2001). Stalking: Its role in serious domestic violence cases. Washington DC: U.S.

Department of Justice, National Institute of Justice; and Caperona, B. (2007). Domestic Violence in New Mexico, 2006 Highlights.

Albuquerque, NM: State of New Mexico, Department of Health, Office of Injury Prevention.

Klein, A. K., Salomon, A., Huntington, N., Dubois, J., & Lang, D. (2009).

• Addressing Stalking: A Checklist for Domestic and Sexual Violence Organizations, which

is also available in Spanish.

For law enforcement officers:

• SPARC provides this brief, informative tip sheet on recognizing stalking behaviors;

• This incident log provides a tool to assist officers in examining a pattern of stalking

behaviors; and

• The SPARC website links to the Stalking and Harassment Assessment and Risk Profile

(SHARP), a tool developed at the University of Kentucky that allows officers or victims to

enter key pieces of data about the stalking behavior and returns an assessment of risk

based on an empirically validated 14-factor model and a clear, concise narrative of the

case.

For prosecutors:

• SPARC publishes the Prosecutor’s Guide to Stalking, a guidebook for understanding the

crime of stalking, working with victims, presenting evidence, and more;

• SPARC directs prosecutors to webinars presented by SPARC’s parent organization,

Aequitas: The Prosecutor’s Resource on Violence Against Women. One such webinar is:

#GUILTY: Identifying, Preserving, and Presenting Digital Evidence; and

• SPARC presents custom training by request on a range of topics aimed at increasing the

rate of successful prosecution for stalking.

For corrections and probation personnel:

• SPARC publishes Responding to Stalking: A Guide for Community Corrections Officers to

educate officers on proper supervision of individuals convicted of stalking; and

• This checklist by SPARC as well as the SHARP tool can be used by corrections

professionals to document, assess, and understand stalking behaviors, whether in a

penal institution or by supervisees.

For college/university campus professionals:

• SPARC offers Quick Tips, a fact sheet, and an infographic tailored to campus

populations;

• Talking Stalking: Tips for Prevention/Awareness Educators;

• Tips for public awareness campaigns in campus communities; and

• Tips for campus stalking investigations and hearings.

For judicial officers:

• SPARC provides a Judicial Officers Bench Card on stalking; and

• A Judicial Officer’s Guide to stalking.

The materials listed above are compiled in this report, and additional resources and training

opportunities for professionals can be found at: https://www.stalkingawareness.org/.

STALKING RESPONSE STRATEGIES

FOR VICTIM SERVICE PROVIDERS

This project was supported by Grant No. 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions,

findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the

views of the Department of Justice, Office on Violence Against Women.

1000 Vermont Avenue NW, Suite 1010 | Washington, DC 20005 | (202) 558-0040 | stalkingawareness.org

@FollowUsLegally

DID YOU KNOW

Stalking is a dangerous crime that affects an estimated 13.5 million women and men each

year. Stalking — generally deﬁned as a pattern of behavior directed at a speciﬁc person

that would cause a reasonable person to feel fear for their safety or the safety of others,

and/or suffer substantial emotional distress — is a crime under the laws of all 50 states,

the District of Columbia, the U.S. territories, and the federal government. Stalking can

have devastating and long-lasting physical, emotional, and psychological effects on

victims. The prevalence of anxiety, insomnia, social dysfunction, and severe depression is

much higher among stalking victims than in the general population. Victim advocates can

help victims devise a safety plan, navigate the criminal justice system, assert their rights

as crime victims, and obtain the services and support they need and to which they are

entitled.

HOW VICTIM ADVOCATES CAN HELP

1. Recognize that stalking is a pattern of behavior, and a stalking victim’s level of fear

and need for resources and assistance may vary and change based on the stalker’s

behaviors.

2. Realize that stalking victims may maintain contact with their offenders to keep

themselves (or loved ones) safe. Work with victims to establish safety plans.

3. Documentation can be extremely helpful in stalking cases. Victims could consider

using a documentation log.

4. Collaborate with others in your community, such as law enforcement, prosecutors,

and community corrections, to help protect victims of stalking. Health care providers

and members of faith communities also can be vital resources.

5. Work with law enforcement, prosecutors, and others to educate victims about the

ongoing dynamics of stalking cases and what evidence and documentation may be

required if they choose to report to the police.

While legal

definitions of

stalking vary from

one jurisdiction to

another, a good

working definition

of stalking is:

a pattern of

behavior directed at

a speciﬁc person

that would cause a

reasonable person

to feel fear for their

safety or the safety

of others, and/or

suffer substantial

emotional distress.

RESPONDING

TO STALKING

A GUIDE FOR ADVOCATES

This project was supported by Grant No. 2017-TA-AX-K074 awarded by the U.S. Department of Justice, Oce on Violence Against Women (OVW).

The opinions, ndings, conclusions, and recommendations expressed in this program are those of the authors and do not necessarily reect the views of OVW.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES

TABLE OF CONTENTS

UNDERSTANDING STALKING

About the Crime of Stalking 4

The Intersection of Stalking with Other Crimes 7

The Impact of Stalking on Victims 9

THE ADVOCATE’S ROLE IN ASSISTING STALKING VICTIMS

Common Victim Reactions and Responses 12

Safety Planning 12

Protection Orders/Restraining Orders 16

Address Conﬁdentiality Programs 17

Crime Victim Compensation 17

SCENARIOS

Case Scenarios 19-20

Conclusion 21

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 3

UNDERSTANDING

STALKING

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 4

ABOUT THE CRIME OF STALKING

INTRODUCTION

Stalking is a crime under the laws of all 50 states, the

District of Columbia, the U.S. Territories, Federal law,

and many tribal codes. An estimated 7.5 million

people in the United States are stalked every year;

yet the crime is seldom charged or prosecuted.

Stalking diers from

most crimes in two

important ways:

it involves repeat

victimization—it

is not a single

incident—and it is

defined in part by

the impact and toll it has on the victim. In fact, many

of the individual acts that make up stalking may be

legal by themselves and appear harmless to someone

unfamiliar with the case.

To complicate matters further, no single legal

definition exists: stalking varies widely in statute

definition, scope, crime classification, and associated

penalties.

How, then, can you support victims of the crime? To

recognize stalking and best help victims, advocates

and other professionals must be able to identify

stalking behaviors and help victims navigate the

criminal and civil justice systems, if victims are

choosing to access those systems for support.

DEFINING STALKING

In general, a good working denition of stalking is:

a course of conduct directed at a specic person

that would cause a reasonable person to feel fear.

Important components of this denition include:

• Course of conduct – a pattern of behavior involving

more than one action, committed over a period of

time (however short), that demonstrates a consistent

objective.

• Reasonable person – a legal standard of objectivity

used in place of subjective perceptions. It asks,

would another person in similar circumstances be

afraid because of the perpetrator’s behavior?

• Level of Fear – how fearful the stalking behaviors

make the victim. Criminal laws vary widely on what

level of fear a victim must experience to make the

stalker’s behavior criminal. Your state’s law may

require the victim to:

• Fear for their safety or experience substantial

emotional distress;

• Feel terrorized, frightened, intimidated, or

threatened, or fear that the perpetrator intends

to injure them or another person or damage

their property or another person’s property;

• Fear serious bodily injury or death.

Katrina Baum et al., “Stalking Victimization in the United States,”

(Washington, DC: Bureau of Justice Statistics, 2009).

INDIVIDUAL ACTS

THAT MAKE UP

STALKING MAY BE

LEGAL AND

APPEAR HARMLESS.

Kim has been dating Tyson for 2 years. He calls her at work every day when she is eating lunch to see how

her day is going and prefers her to come straight home after work so they can spend time together. In the last

3 months, he has started getting upset if she doesn’t answer when he calls. Twice in the last week he drove to

the office to find out where she was. When she runs errands, he texts her multiple times each hour, wanting

to know exactly where she is. Kim didn’t mind at first, but it started to get worse after Tyson lost his job. He

started calling more frequently, leaving notes on her car while she was at work, and emailing her coworkers.

Kim has started leaving work a little early to make sure she is home when he says she should be. She tells you

she is afraid. He’s never physically hurt her, but his behavior is getting more unpredictable.

The course of conduct in this example is demonstrated by the perpetrator's repeated calls, visits to her office,

and insistence on knowing her location. Kim is shown to be a reasonable person because most people in her

circumstance would also experience fear. You are able to identify her level of fear because she tells you she is

afraid because he is unpredictable. She has also altered her behavior because she is afraid of what might

happen if she is late.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 5

UNDERSTANDING CONTEXT

AND FEAR

Compared to most other crimes, stalking is unique in

that the context of the stalking behavior is critical to

identifying and understanding what is occurring. The

victim plays a critical role in defining whether their

experience can be classified as stalking because the

perpetrator’s behaviors can only be identified as

stalking when the impact of those behaviors on the

victim is considered. Understanding a victim’s

response and level of fear may be difficult without

knowing the full context of the course of conduct and

any relationship that may exist between the victim and

the offender.

In some cases, the victim may not explicitly express

or display fear. The victim may be afraid or unwilling

to name the emotion, may believe that showing fear

will escalate the situation or provide satisfaction to

the stalker, or may wish to minimize the danger. Some

victims may struggle to admit feeling fearful as a

result of social norms regarding masculinity and

bravery. Advocates should provide access to the same

levels of support for all victims regardless of how

fearful they appear.

Often, perpetrators of stalking exploit a victim’s

specific fears or phobias and communicate

threats covertly in ways that seem harmless to

outsiders. For instance, perpetrators may send

the victim unwanted messages or gifts that

seem innocuous or even romantic—such as a

bouquet of roses. But the victim recalls the

perpetrator threatening that the day they

received roses would be the day they were

killed. Without this context, the victim’s terror

may seem irrational to a responder. Indeed,

perpetrators may provoke this reaction in part

to discredit the victim or cast doubt on the

victim’s mental health.

WORKING WITH UNDERSERVED

POPULATIONS

Victims of underserved populations often face

additional and unique barriers to the obstacles they

already face as stalking victims. Included in this

population of victims are children, people with

disabilities, older adults, lesbian, gay, bisexual,

transgender, and queer/questioning (LGBTQ)

identified individuals, American Indians and Alaska

Natives, victims with limited English proficiency,

immigrants, formerly incarcerated individuals, people

of color, individuals who are undocumented, and

others from historically marginalized communities. As

an advocate, it is essential that you consider the

context and the potential barriers a victim may face

when reporting the crime, seeking services, and

staying safe. These barriers may include language,

fear of law enforcement, accessibility, and care needs.

It is important to consider this for every victim,

because many disabilities or cultural needs may not be

readily apparent. While each situation may or may not

occur, you have the ability to enhance the safety of

victims by helping them prepare for any possible

situation. The best way to determine potential barriers

to safety is to ask victims if they would like to share

any concerns. Doing so will assist in safety planning

as well as the search for services.

ADVOCATES SHOULD

PROVIDE ACCESS TO THE

SAME LEVELS OF SUPPORT

FOR ALL VICTIMS REGARDLESS OF

HOW FEARFUL THEY APPEAR.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 6

STALKING BEHAVIORS

Perpetrators of stalking engage in many different

behaviors, and most use multiple tactics.

They

frequently invest time, energy, and money in

monitoring and pursuing their victims. Although

many stalking behaviors are not criminal as a single

occurrence, when viewed as a course of conduct that

causes the victim fear or distress, they add up to

stalking.

Common stalking behaviors include:

• Repeated phone calls, voicemails, emails, or text

messages

• Monitoring a victim’s phone activity or computer

use

• Sending unwanted gifts, letters, or cards

• Posting information or spreading rumors about the

victim on social media sites, in public places, or by

word of mouth

• Searching for information about the victim by

conducting public records or online searches, hiring

private investigators, digging through the victim’s

garbage, or contacting the victim’s friends, family,

neighbors, or co-workers

• Using technology, such as hidden cameras, to watch

the victim

• Driving by, waiting at, or showing up at the victim’s

home, school, or work

• Following the victim, either in person or via the use

of technology (e.g., GPS or location-based apps)

• Using a third party to contact or stalk the victim (i.e.,

proxy stalking)

• Committing identity theft or financial fraud against

the victim, such as opening, closing, or taking money

from accounts

• Using children to harass or monitor the victim

• Vandalizing or destroying a victim’s property, car, or

home

• Violating protective orders or other injunctions

• Threatening to hurt the victim or their family,

friends, or pets

• Threatening to kill the victim or others, self, or pets

These behaviors are not exhaustive and may change

or escalate over time. The average duration of stalking

is approximately two years, although intimate partner

stalking tends to last longer than non-intimate partner

stalking.

Advocates should check in regularly with

victims about the perpetrator’s stalking behaviors

as perpetrators of stalking often modify their tactics

based on the victim’s response. Also note that victims

commonly experience times of little stalking activity

and times of constant activity; a victim’s level of

engagement with the system may fluctuate

correspondingly.

STALKING THROUGH THE USE OF

TECHNOLOGY

Stalkers frequently use technologies, often legal

technologies, to stalk, monitor, and track their victims.

Comprehensive, up-to-date resources for advocates and

victims on how to best safety plan for stalking via

technology, can be found at the Safety Net team’s

website. Please see https://www.techsafety.org/ for more

information.

THREAT ASSESSMENT

Threat assessment is a process used to determine the

level of danger posed by a perpetrator to a victim at a

particular point in time. It is important to keep these

factors in mind when working with a victim. The most

dangerous perpetrators are those who:

• Engage in actual pursuit of the victim

• Possess or are interested in weapons

• Commit other crimes such as vandalism or arson

• Are prone to emotional outbursts and rage

• Have a history of violating protection orders,

substance abuse, mental illness and/or violence,

especially toward the victim

• Have made threats of murder or murder-suicide

The most dangerous times for a stalking victim are when:

• The victim has separated from the stalker

• The stalker has been arrested or served with a

protection order

• The stalker has a major negative life event, such as

the loss of a job or being evicted

• The stalking behaviors increase in frequency or

escalate in severity

Kris Mohandie et al., “The RECON Typology of Stalking: Reliability and

Validi- ty Based Upon a Large Sample of American Stalkers,” Journal of

Forensic Science 51, No. 1(2006).

P. Tjaden and N. Thoennes. “Stalking in America: Findings from the National

Violence Against Women Survey,” Research Report, Washington, DC: U.S.

De- partment of Justice, National Institute of Justice and Centers for Disease

Control and Prevention, 1998.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 7

THE INTERSECTION OF STALKING WITH

OTHER CRIMES

Stalking frequently co-occurs with other types of

victimization and criminal behavior. The stalking

course of conduct may include individually illegal acts

such as trespassing or property damage. Stalking

behavior may also be a precursor to other crimes, such

as sexual assault or homicide. Making the connection

between stalking and other associated crimes benefits

both the victim and the criminal justice system as a

whole. When criminal justice system personnel can

identify other crimes committed by the stalker, they

can more effectively establish the course of conduct

against the victim, take reports, gather critical

evidence, and file charges.

Some of the crimes that can intersect with stalking are

as follows:

INTIMATE PARTNER VIOLENCE

One study found that 81 percent of victims who were

stalked by a current or former intimate partner had

been physically assaulted by that partner.

A common

misconception is that stalking usually begins when a

victim of intimate partner violence leaves the

relationship. In fact, 57 percent of intimate partner

stalking victims report that the stalking behaviors

began before the relationship ended.

Checking the

victim’s phone logs, reading the victim’s emails,

confirming the victim’s whereabouts—these behaviors

may seem normal to the victim or less alarming than

any physical abuse. However, identifying these

behaviors as stalking is critical. Research is clear: when

physical abuse and stalking co-occur, the victim is at

greater risk of violence — including homicide

— and will need a comprehensive safety plan.

Perpetrators of intimate partner stalking are more

likely to physically approach the victim at their home

or place of work. They are also more likely to use a

third party, such as a family member or friend, to

further their stalking (for instance, asking a third party

to provide personal information about the victim, keep

track of where the victim is going, or communicate

messages to the victim). The combined elements of

stalking and physical violence require thoughtful and

detailed attention to additional risks.

HOMICIDE

Another study found that nearly 70 percent of

femicide victims were physically assaulted before

their murder. Of those, 90 percent had also

experienced at least one episode of stalking in the 12

months prior to their murder.

Perpetrators of

intimate partner stalking are better able to exploit the

victim’s physical and emotional vulnerabilities. They

are more likely to have had access to every part of the

victim’s life, including physical belongings (home,

vehicle), their daily routine (work, school), and

information about personal affairs (finances, medical

history).

SEXUAL ASSAULT

Stalking intersects with sexual assault in several

ways. A stalker may threaten to sexually assault the

victim, attempt to get someone else to sexually assault

the victim, or carry out a sexual assault against the

victim. Research shows that 2 percent of people who

are stalked were also sexually assaulted by the

perpetrator, and 31 percent of women who are stalked

by an intimate partner were also sexually assaulted by

that partner.

7, 8

Patricia Tjaden and Nancy Thoennes, “Stalking in America: Findings from

the National Violence Against Women Survey,” National Institute for Justice

Centers for Disease Control Research in Brief (1998).

Patricia Tjaden and Nancy Thoennes, “Stalking in America: Findings from

the National Violence Against Women Survey,” National Institute for Justice

Centers for Disease Control Research in Brief (1998).

McFarlane et al., “Stalking and Intimate Partner Femicide,” Homicide

Studies 3, No. 4 (1999).

Katrina Baum et al., “Stalking Victimization in the United States,”

(Washington, DC: Bureau of Justice Statistics, 2009).

Patricia Tjaden and Nancy Thoennes, “Stalking in America: Findings from

the National Violence Against Women Survey,” National Institute for Justice

Centers for Disease Control Research in Brief (1998).

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 8

Prior to committing sexual assault, perpetrators may

engage in a variety of stalking behaviors, including

following the victim, repeatedly contacting the victim,

learning the victim’s habits and daily routines, and

gathering personal information about the victim.

These behaviors may be an attempt to identify

potential vulnerabilities or to groom the victim.

After committing or attempting to commit a sexual

assault, the perpetrator may repeatedly contact the

victim in order to:

• Threaten or manipulate them into not reporting

the incident

• Determine what the victim recalls, if drugs or

alcohol were involved

• Frame the incident as consensual

• Maintain social contact

Advocates can help victims of sexual assault identify

stalking behaviors and emphasize how reporting

stalking behaviors may help law enforcement ocers

and prosecutors investigate and successfully prosecute

the crime.

PROPERTY DAMAGE

Another crime that is frequently part of the stalking

pattern of behavior is property damage. Advocates

can assist victims by encouraging them to be aware of

the connection between stalking behaviors and recent

property crimes they have experienced. Although

criminal mischief and vandalism, such as broken

mailboxes or damaged tires may seem commonplace,

they can also be part of a stalking course of conduct.

While broken windshields on every car parked on

a residential street may simply indicate common or

random vandalism, damage that is either specic

to the victim’s belongings or repeated should be

evaluated for stalking involvement.

OTHER CRIMES

Advocates can assist victims by discussing the benets

of explaining to law enforcement the entire context of

the stalking behavior if the victim decides to report

associated crimes. Some of the crimes that may be part

of the stalking course of conduct include:

MAKING THE CONNECTION

Establishing a connection between stalking and

other crimes serves a number of important purposes,

including:

• Supporting the victim’s emotional recovery

• Minimizing the victim’s self-blame

• Demonstrating intentional contact on the part of

the stalker

• Helping law enforcement and prosecutors

understand how other crimes fit into the larger,

targeted course of conduct

• Strengthening the overall criminal justice system

response to stalking

• Nonconsensual

Dissemination of

Intimate Images*

• Protective Order

Violations

• Robbery

• Sexual Assault

• Theft

• Threats

• Trespass

• Utility Theft

• Vandalism

• Vehicle Tampering

• Vehicle Theft

• Voyeurism

• Wiretapping

• Assault

• Burglary

• Child Abuse

• Conspiracy

• Criminal Mischief

• Eavesdropping

• Forgery

• Fraud

• Harassment

• Hate Crimes

• Home Invasion

• Homicide

• Identity Theft

•

Intimate Partner Violence

• Kidnapping

• Mail Theft

*Definition: The Nonconsensual Dissemination of

Intimate Images is the sharing of individuals’

nude photos and videos without their consent.

This may happen on social media or other

websites. While the photos may have been taken

with permission of the victim, perpetrators of

stalking may

use the threat of distribution to

intimidate the victim.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 9

THE IMPACT OF STALKING ON VICTIMS

Stalking victimization can permeate every aspect of a

victim’s life. Victims of stalking experience many of

the same effects as victims of other crimes, such as

substance abuse, anxiety, and social isolation.

However, victims of stalking also face unique

challenges. Stalking behavior is often persistent and

unpredictable, and can take place over a long period

of time causing repeated trauma. Stalking can affect a

victim’s physical and emotional health, their family

and friends, financial stability, and their job.

IMPACT ON PHYSICAL AND

MENTAL HEALTH

The emotional and physical effects of stalking can

manifest in a variety of ways. The impact of stalking

on the mental and physical health of victims affects

both their ability to safety plan while the stalking is

ongoing as well as their ability to recover after it has

ended. Stalking victims have a higher prevalence of

anxiety, insomnia, social dysfunction, and severe

depression than the general population, especially if

the course of conduct includes being followed or the

destruction of property. Advocates must discuss how

to manage these effects with victims.

Victims may experience a variety of somatic

symptoms, including headaches, general aches and

pains, feelings of weakness or numbness, sleeping

too much or too little, nightmares and persistent

dreaming, and changes in weight. Increased anxiety,

common among stalking victims, is also connected to

physical symptoms, including shaking, chest pains,

and panic attacks. The physical manifestations of

stress extend to a lowered immune system response

and influence current or underlying medical

conditions. Support from a medical professional,

such as a therapist or general practitioner, may help

the victim to cope with the physical and mental

effects they are experiencing.

Eric Blauuw et al. “The Toll of Stalking,” Journal of Interpersonal

Violence 17, no. 1(2002).

IMPACT ON PERSONAL

RELATIONSHIPS

Stalking aects not only victims, but also their family,

friends, and coworkers. Some stalking perpetrators

may attempt to contact the victim’s family members or

friends for information, such as the victim’s location,

workplace, or contact information.

Other perpetrators may ask third parties to contact

or follow the victim for them. This practice is called

proxy stalking. Perpetrators of intimate partner

stalking may also attempt to use children to stalk.

Because many proxy stalkers are part of the victims’

support network, victims may nd it challenging

to reach out for support. Victims may be reluctant

or not want to involve people they know out of

embarrassment or shame. They may fear the

perpetrator will act out against the third party if they

attempt to ask for help. In addition, they may be

unsure about the safety of the technology they use to

communicate with their support network. Advocates

must encourage stalking victims to think broadly

about whom they trust and how to safely

communicate with their support system about their

situation.

• Abuse of drugs or alcohol

•

Inability to study

•

Anger

•

Irritability

•

Anxiety

•

Loss of confidence

•

Confusion

•

Loss of relationships

•

Depression

•

Minimization

•

Economic losses

•

Nightmares

•

Embarrassment

•

PTSD

•

Emotional numbness

•

Self-blame

• Fatigue

• Sexual dysfunction

• Fear

• Shame

• Flashbacks

• Shock

• Frustration

• Sleep disturbances

• Social isolation

• Guilt

• Suicidal ideation

• Hypervigilance

• Inability to accomplish

daily tasks

• Inability to concentrate

• Weight changes

COMMON EFFECTS OF STALKING

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 10

IMPACT ON FINANCES

Stalking often results in direct and indirect economic

losses for the victim that occur in a variety of ways.

• Property damage – cost of replacement or repairs

for damage caused by the perpetrator

• Legal processes – court fees, attorney fees, costs to

travel to court appointments, and child care for

times when caregivers are in court

• Medical bills (mental and physical health) – stalking

victims will utilize health services at a higher rate

than victims of domestic violence alone

• Technology – cost to replace technology that may

have been compromised by the stalker

• Relocation – if the victim chooses to move to get

away from the perpetrator

• Lost wages

Advocates should be prepared to discuss options for

nancial assistance that support the victim’s safety. See

Crime Victim Compensation on page 17.

IMPACT ON THE WORKPLACE

Stalking can affect victims’ work in a variety of ways.

Victims of stalking may take time off to go to court,

meet with an advocate, or take care of their mental or

physical health, resulting in lost wages if they do not

have paid leave.

Many victims do not report their stalking

victimization to their employer, or may only report to

trusted coworkers rather than managers or the human

resources department. The victim’s supervisor may

not understand the victim’s behavior (e.g., distracted

or declining performance) and may wrongfully

conclude that the victim is a poor employee, resulting

in discipline or termination. In some cases, employers

who know an employee is being stalked may be

concerned about a risk to the workplace and ask the

victim to resign.

As an advocate, your role is to help victims identify

and weigh the pros and cons of discussing the stalking

with their employer and to help them contact an

attorney if they are wrongfully terminated. Victims of

stalking may have protections, and advocates can

assist by learning more about available options at

http://workplacesrespond.org.

Logan, T., Walker, R., Hoyt, W. and Faragher, T. “The Kentucky Civil

Protective Order Study: A Rural and Urban Multiple Perspective Study of

Protective Order Violation Consequences, Responses, and Costs.” 2009.

Washington, DC: National Institute of Justice, U.S. Department of Justice.

Many states now have laws to protect victims of domestic violence and

stalking by mandating employers oer paid sick leave for victims to attend

court hearings. Yet, in some states, the stalking may aect their job security.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 11

THE ADVOCATE

ROLE IN

ASSISTING

STALKING

VICTIMS

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 12

COMMON VICTIM REACTIONS AND

RESPONSES

Reactions to stalking are as diverse as victims

themselves. As a group, however, victims share

several common responses:

• Minimizing: Victims may minimize individual

stalking behaviors and the risk the offender poses.

They may isolate events—focusing on a recent, less

serious behavior instead of connecting it to more

serious violations in the past. For example:

• “They’re only text messages.”

• “He would never really harm me.”

• Avoiding family or friends: Victims may avoid

family and friends because they feel embarrassed,

ashamed, or responsible for what is happening. In

many instances, the stalker is someone known to the

victim, their family, and their friends. They may

avoid contact with loved ones in order to also avoid

the perpetrator. They may be afraid they won’t be

believed or that their friends and family will take

sides against them. Victims may also want to keep

loved ones safe from the stalker.

• Negotiating for safety: Victims may negotiate with

the perpetrator for their own or others’ safety. They

may agree to demands the perpetrator makes or

maintain contact in an effort to prevent additional

harm.

• Taking steps to improve their personal security:

Many victims engage in informal safety planning on

their own to cope with the perpetrator’s tactics and

behaviors. For example, they may take a different

route to school or work, temporarily stay with a

friend, or change the locks on their door.

As an advocate, it is important to recognize and

validate any steps victims have taken to stay safe, oer

guidance on additional measures they could take, and

support their actions moving forward.

SAFETY PLANNING

Advocates can help victims strategize about how to

more safely respond to stalking by creating a safety

plan. A safety plan is a combination of suggestions,

concrete steps, and strategic responses designed to

increase the victim’s safety during specific

situations. Every victim’s safety plan is different—

tailored to their unique circumstances—and every

perpetrator will respond differently to those safety

tactics. It is

important to keep in mind—and

communicate to the victim—that safety plans do not

guarantee a victim’s safety, but they can greatly

increase it.

Effective safety plans are:

• Flexible – Many options are available for any given

scenario. Victims are able to evaluate which option

best fits their current situation. The plan can also be

adjusted if the perpetrator’s behavior changes.

• Comprehensive – The safety plan considers every

aspect of the victim’s life, including family and

friends, children, school, work, and daily routine.

• Contextual – The plan should account both for what

the victim is currently experiencing and for the

pattern of previous behavior.

To help craft an effective safety plan, advocates can:

• Listen and ask questions non-judgmentally

• Help identify the victim’s specific needs and goals

• Discuss and analyze risks

• Explore strategies and resources

• Provide information and options

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 13

SAFETY-PLANNING SUGGESTIONS

Below are suggestions for safety planning, including if

a victim is currently in a relationship with the

perpetrator, has recently ended the relationship,

has never had an intimate relationship with the

perpetrator. Advocates should also consider if the

victim is seeking services for the first time. Remember

to evaluate each component with regard to (A) the

context of the situation and (B) how the perpetrator

will likely respond, according to the victim.

DISENGAGEMENT

In many cases, it is best for stalking victims to

completely disengage with the perpetrator to stay

safe. For some perpetrators of stalking, any contact

may reinforce their behavior, even if the interaction is

negative. It may be best for a victim to let every call

from a perpetrator go to voicemail rather than to

answer and ask the perpetrator to stop calling. The

perpetrator may see this contact as evidence their

methods have been successful, rather than a rejection.

Additional advocacy and safety planning may be

required to address the following circumstances:

• Children – If the victim and perpetrator share

custody of any children, the victim is unlikely to be

able to completely disengage.

• Safety – For some victims it may be safer to remain

in contact. A victim may answer a phone call from

the perpetrator to ward off an escalation in behavior,

such as the perpetrator showing up at the victim’s

house.

• Small communities – In rural areas or closed

communities (such as college or university

campuses, military property, or tribal lands), it may

be impossible to avoid seeing the perpetrator.

DOCUMENTATION

Victims should be encouraged to document all

stalking behaviors and preserve any evidence such as

emails, text messages, or gifts – even if they do not

intend to move forward with criminal charges. If the

victim decides to report the stalking to law

enforcement or apply for a protective order, this

documentation is an important component of

demonstrating the course of conduct. It also provides

victims, service providers, and law enforcement

officers with an overview of the stalking behaviors

and timeline so they can identify any escalation in

behaviors. A sample stalking log is included here:

www.stalkingawareness.org/documentation-log/

To stay safe while documenting behaviors, victims

need to consider:

• Computer documentation – Is the computer safe

from spyware that could give the perpetrator access

to all of the documents, websites, emails, and other

information the victim is using?

• Paper documentation – Can several copies be stored

in different places that the perpetrator cannot

access? These locations could be a friend or family

member’s house, the victim’s workplace, a sports

locker, or a safety deposit box.

Emma is sitting in your office with her two children, Noah and Mason. Lucas, her ex-boyfriend and the

father of her children, threatened to hurt her children last month if she did not move back in with him.

Since then, he has been repeatedly texting and calling her cellphone and showing up unexpectedly at her

children’s daycare. Before they separated, he monitored her location using her cell phone. Emma wants to

know what she can do to be safe.

FLEXIBLE – It is important that Emma and her children have somewhere safe to stay. She can stay in her

home if she feels safe there. But it’s also important to have a backup plan. Can they stay with a relative or

a friend for a few nights with little notice? Can Noah and Mason attend a different daycare or stay with a

relative or friend for a few days? Is there a local shelter where they can stay? Do they have enough money

to stay in a hotel?

COMPREHENSIVE – Can she alter her work schedule so that Noah and Mason go to daycare at a

different time? Is she comfortable talking to the daycare teachers about what is happening? Do Emma

and Lucas have a parenting plan in place? Has she discussed the situation with her employer?

CONTEXTUAL – Lucas appears to use technology as a way to track Emma. The best way to determine

potential barriers to safety is to ask victims if they would like to share any concerns. Doing so will assist

in safety planning as well as the search for services. Can she talk to her employer about security

protection for her computer?

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 14

Documentation should include:

• Time of incident

• Location of incident

• Full names of any witnesses

• Incident number if a police report was taken

• Detailed description of what happened

Some victims may be reluctant to document the

stalking behaviors. They may feel unsafe or find the

process upsetting. Be sure to discuss with victims the

fact that any documentation or evidence they provide

to law enforcement could be introduced as evidence

in court or inadvertently shared with the perpetrator.

Victims should not include any information that they

do not want the perpetrator to access.

EVIDENCE

Examples of evidence that should be documented and

maintained include:

•

Letters or notes written by the perpetrator to the

victim

•

Objects sent to or left for the victim, including “gifts”

•

Voicemail messages left by the perpetrator

•

Evidence of phone tapping or tampering

•

Emails, preserved electronically and printed out with

an expanded header showing the IP address

•

Telephone records

•

Text records

•

Screen shots of social network posts to or about

the

victim

•

Screen shots of other online posts to or about the

victim, including the website address (also known as

a “URL”)

•

Photos or videos

posted online of or about the victim

(download a copy and document any active URLs)

SUPPORT SYSTEM

For most stalking victims, having a few people they

can trust and rely on is essential to their ability to

cope and recover from the crime. Advocates can help

victims think broadly about who in their network can

provide that support. Some victims may want to

consider implementing a daily safety check with a

member of their support system. This can be as simple

as a text message every day letting the person know

they are okay. This support person may be someone

well-known to the victim, a casual acquaintance, or

professionally connected, including:

• Family members, such as siblings, cousins, aunts,

and uncles

• Friends

• Neighbors

• Members of their house of worship

• Members of other affiliated, community, or

professional groups

• Coworkers

• Medical or legal professionals

• Advocates

For some victims this exercise may be challenging.

They may wish to keep people safe by not involving

them or they may be reluctant to trust anyone,

especially if the perpetrator knows all of their friends

and family.

REPORTING TO POLICE

Advocates can help victims think about whether they

want to report stalking to law enforcement and how

to stay safe if they choose to report. While reporting

to law enforcement often seems like an obvious step,

it may not be safe for a victim to report the crime at

the time of the incident. Instead, they may choose to

file

a report on a later, safer date. Sometimes,

reporting stalking can cause the perpetrator to

escalate the behavior, creating an increased level of

danger for the victim.

If a victim decides to report to the police, advocates

can support their decision by helping them

understand what to expect. Victims can prepare by:

• Expecting law enforcement officers to ask specific

and intimate questions such as “Does the stalking

cause you to feel fear?”

• Identifying incidents that demonstrate the course of

conduct

• Outlining the events to ensure clear communication

• Bringing any related documentation of the stalking,

such as the stalking incident log

• Understanding that law enforcement may or may

not arrest the perpetrator

• Remembering investigations can take a long time

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 15

SAFETY PLANNNG TIPS

1. Think about all of the people potentially affected:

children, grandparents, pets, coworkers, etc.

2. Keep in mind both short-term and long-term safety:

a. Short-term safety can be a few weeks to a few

months, depending on the situation and the

persistence of the perpetrator.

Long-term safety planning may not be

necessary for every victim but is important to

discuss, as stalking behavior continues for an

average of two years.

3. Provide resources for the victim to access at any

time, such as a 24-hour hotline.

a. Check for local resources first.

b. If there are no local 24-hour hotlines in

your area:

i. National Domestic Violence Hotline:

1-800-799-7233 or chat online here

https://www.thehotline.org.

ii. National Sexual Assault Hotline (RAINN):

800-656-4673 or chat online here

https://hotline.rainn.org/online.

c. VictimConnect Resource Center can assist with

safety planning and resources for victims of

stalking:

1-855-484-2846 or chat online here

https://chat.victimsofcrime.org/victim-connect/.

SAFETY BY LOCATION

IN THE HOME:

• Avoid bathrooms, the kitchen, the garage and other

areas where weapons may be found when the

perpetrator is in the home.

• Identify which rooms have strong doors, locks, and

windows that open.

• Install an alarm system and/or motion detector;

some security companies will provide these for free

or a discounted rate to victims of stalking.

• Talk to neighbors: ask them to call 911 if they see

the perpetrator or hear something concerning; if

comfortable sharing, give them copies of protective

orders.

AT WORK:

• Change telephone numbers, location, and hours if

possible.

• Provide copies of protective orders to supervisors.

• Park close to the office door or ask someone to walk

them to their car.

• Develop an office or work-escape plan.

• Talk with security guards and receptionists about

who is allowed to visit; provide a photograph of the

perpetrator; ask front-desk personnel to call before

letting someone into their office.

WITH CHILDREN

If the victim has children, they may be affected by

the stalking, regardless of their relationship to the

perpetrator. Victims of stalking with children

should consider the following:

• Identifying safe places for the children to hide if the

perpetrator approaches them or the victim.

• Teaching the children how to call 911, and giving

them permission to do so.

• Discussing who the children can go to for help

(e.g., family members, neighbors, law enforcement).

• Providing copies of protective orders to schools,

daycares, and other care providers.

• Making sure every person who takes custody of the

children knows who else is allowed to pick them up.

• Obtain advice about civil legal remedies to protect the

children.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 16

PROTECTION ORDERS/

RESTRAINING ORDERS

A protective order is a legal order issued by a state court

that requires one person to stop harming and/or

contacting another. Each state may have several types of

protective orders—such as civil protective orders,

criminal protective orders, or restraining orders—

and they may have different names. (For example,

Pennsylvania has “protection from abuse” orders).

Some protective orders are specific to domestic and

intrafamilial violence, while others are broader, covering

stalking, harassment, sexual assault, and other types of

abuse. Civil protection orders do not require that the

perpetrator be charged or convicted; as long as the

behavior, the relationship between the parties, and the

harm or threat to the victim come within the legal

requirements, the court can issue an order. Violations of

the civil protection order are typically criminal offenses.

A protection order is one possible tool a victim can

use to help stop the stalking and enhance their safety.

However, they are not effective in every case and may in

fact escalate the stalking behavior in some cases.

To help victims of stalking understand the risks and

benefits of seeking a protection order, consider the

following:

• How do they anticipate the perpetrator will respond

to the protection order?

•

How and when will the perpetrator be served with

the protection order?

Will it be dangerous for the victim to appear in

court because the perpetrator will know where the

victim is?

• How will the process aect any current or future

family law proceedings?

• Will the victim call law enforcement if the

perpetrator violates the order?

For a protection order to be most eective, victims

should also know:

• Enforcement may be easiest if they carry a copy of the

protection order with them wherever they go.

• They should provide copies of the order to

employers, schools, babysitters, landlords, neighbors,

family members, and others, especially if the order

prohibits the perpetrator from being at certain

locations or contacting children.

• Orders of protection must be honored in other

jurisdictions. For more information, see The National

Center on Protection Orders and Full Faith and

Credit, a program of the Battered Women’s Justice

Project.

http://www.bwjp.org/our-work/projects/protection-

orders.html

• Violations of a civil protection order may permit or

require the police to make an arrest if they find

probable cause to believe the offender has violated

the order.

• An attorney who represents the perpetrator may ask

the victim to agree to mutual orders in an effort to

discredit the victim. This means that both parties

would have a protection order against the other. The

victim does not have to do this in order to obtain an

order that prohibits the stalking offender from

continued stalking. Victims should seek legal counsel

before agreeing to such mutual order. The existence

of such an order may allow for the perpetrator to file

criminal charges against the victim.

Advocates have an important role in helping victims

weigh the dierent benets and drawbacks regarding

protection orders as well as guiding them through the

court system and ling process.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 17

ADDRESS CONFIDENTIALITY PROGRAMS

Address Confidentiality Programs (ACPs) allow

victims of stalking, sexual assault, domestic violence,

or other types of crime to receive mail at a substitute

address. ACPs keep the victim’s actual address

private and prevent oenders from locating the

victim through public records. Mail is sent to the

legal substitute address, often a post

office box, and

then forwarded to the victim’s actual address. The

substitute address can be provided whenever the

victim’s address is required by a public agency. While

Address Condentiality Programs can assist with

a victim’s safety, they do not guarantee their safety.

Victims can increase their safety by:

• Limiting the number of people they tell about

their address, doing their best to ensure that these

individuals are trustworthy and discreet.

• Abiding by the terms of the ACP. Some ACPs will

remove a participant from the program if they

violate the terms.

• Advocates can help victims understand the terms of

the program in their particular state and how it

operates. However, not every state has an Address

Confidentiality Program. If your state does not have

a program, it is essential that you discuss other ways

for victims to make it more difficult for the offender

to locate them.

CRIME VICTIM COMPENSATION

One possibility for financial assistance is Crime

Victim Compensation. Every state has a state-level

Crime Victim Compensation program. Victims of

stalking who apply to crime victim compensation

may be eligible to have some of their crime-related

expenses reimbursed, such as lost wages, medical

bills and mental health counseling, and lock changes.

Some states may assist with relocation expenses for

safety.

Each program, however, has different requirements

and benefits. Most states require a police report, but

some will also accept a protection order, a SANE

exam (rape kit), or a neglect petition (for victims of

child abuse and neglect). For more information on

the program in your state, visit the National

Association of Crime Victim Compensation Boards.

http://www.nacvcb.org/

Advocates can help victims of stalking navigate this

process by understanding the documents, deadlines,

and reimbursable expenses for their state’s program.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 18

PRACTICE

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 19

CASE SCENARIOS

For each case scenario, think about the following questions and how you would support this victim

with the resources in your community:

• Which risk factors are present?

• Does the perpetrator pose a threat?

• If so, to whom?

• In your professional capacity, how would you work with the victim at this point?

• What questions would you like to ask the victim? What information would be helpful?

• What safety concerns do you have and how can they be addressed?

• What options and resources would you provide to the victim?

• Would collaborating with other agencies or organizations to support this victim be useful?

1. DEREK AND JAMES

Derek comes to you to discuss a confrontation with his

ex- boyfriend, James, whom he dated for about 5

months. They broke up last month, but the break-up

didn’t go well.

This morning when Derek left his apartment, James

was parked in front of the building. James approached

him and started yelling, saying he was still in love

with Derek and knows he is still in love with him.

James told Derek it didn’t matter if he tried to ignore

him, he would always be there to show him how

much he cares. James left when a neighbor came out to

see if Derek was okay.

Derek goes on to tell you that things were okay the

first few months of their relationship, but then James

started demanding more of his time. James wanted the

two of them to spend all of their free time together and

would get upset when Derek wanted to spend time

with his friends or family. James would talk about

spending the rest of their lives together, even though

Derek made it clear that he wasn’t looking to settle

down at this point in his life. He tried talking to James

several times about keeping it casual and James would

back off for a few weeks before reverting to his

insistence on a permanent relationship. Derek then

decided that he and James clearly wanted different

things from the relationship and broke up with him.

Since they broke up, James keeps trying to stay in

touch with Derek. Derek gets 15-20 texts and emails

from James every day. James kept messaging him

while he was at work until he blocked him. James

then sent him an angry, threatening email. James

keeps showing up at the same places Derek is. At first

Derek thought this was just a coincidence, but now

he’s not so sure.

Consider:

James keeps showing up at the same locations

as Derek; he may be tracking him through

spyware on his cell phone.

A protection order may be a good option for

Derek, but it may also cause the behavior to

escalate. It is important to examine the pros

and cons of

filing for one.

Derek’s neighbor has demonstrated she cares

about his well-being. Derek could ask her to

call the police if she sees James outside the

apartment again.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 20

2. JANET

Janet calls your hotline regarding items that have gone

missing from her apartment. She tells you that she is

70 years old and lives alone. Over the last few months,

objects in her apartment have disappeared or have

been moved to a different location in the apartment.

She describes the items as being of little value to her,

items such as a notepad or a houseplant.

She has called law enforcement several times to report

the missing items, but they don’t seem to believe her.

They have come to the apartment three times, but the

last time they didn’t take a report. Law enforcement

told Janet that there was no sign of forced entry.

Janet has told her adult children about the problem

and they have started talking about moving her to an

assisted living facility. She doesn’t want to live in a

facility so she has stopped telling her children when it

happens.

Consider:

A. The law enforcement officers who spoke with

Janet seem to have perceiv ed Janet as confused

and forgetful. When you talk to her, she doesn’t

sound confused, just scared.

You remember a similar case from a few years

ago. Using

a hidden camera, a detective caught a

man using a key to get into an older victim’s

home and move her things.

C. Janet is feeling alone, her safety plan should

include reaching out to her family. As a family,

they could meet

with an advocate to discuss her

possible options.

3. MACKENZIE AND DAVID

Mackenzie is being stalked by her neighbor whom she

has known most of her life. They live on nearby tribal

lands. David started texting her repeatedly several

months ago, asking her to go on a date with him.

Mackenzie tells you that she had a boyfriend at

the time which she told David. He kept texting her

anyway. When Mackenzie and her boyfriend broke

up, David started calling her. Mackenzie told him she

wasn’t interested in dating him, but he continued to

call her. Last week, he started showing up at her work

around lunch time, asking her to go to lunch with

him. She also started getting texts and phone calls

from members of David’s family pressuring her to

date him. Mackenzie tells you that she thinks his

friends and family are helping him keep track of her.

It’s the type of town where everyone knows everyone.

Last night, David was sitting on her front porch when

she got home and wouldn’t leave. Mackenzie didn’t

feel safe opening her door when he was there so she

left and spent the night at her parents’ house. She is

considering moving so that she no longer lives next

door to him.

Consider:

A. Help Mackenzie think through her support

network Is there someplace she can stay that is

safe? Who can she trust?

B. Does she think a protection order would be

effective or would he ignore it? If she thinks he

would listen to it, it may also protect her from

his family as the order could bar 3rd party

contact.

C. If Mackenzie decides to move, she could apply

to participate in an address confidentiality

program depending on her state.

4. MARCUS

Marcus is a college professor at a small liberal arts

university in the same city where your program is

based. One of his students, Katie, has been visiting his

office hours a lot lately. She didn’t do very well on the

last exam and she was visibly upset about it when he

returned the tests to the class last month.

She emails him multiple times a day and has started

showing up at his favorite morning coffee shop several

times a week. Yesterday, she told him that if she didn’t

do better on the next test, he would be sorry.

Consider:

A. Marcus works for a university which means an

issue with a student could have repercussions

on his career. If Marcus is comfortable talking

with his supervisor about this, it may help him

protect his job.

B. Marcus has a fairly regular routine. He can

change it up by going to a different coffee

shop and working in a different office or at the

library.

RESPONDING TO STALKING: A GUIDE FOR VICTIM ADVOCATES 21

CONCLUSION

Stalking happens much more frequently than most

people realize and is often connected to many other

crimes. It is vital that victim advocates are able to

identify stalking behaviors and build eective safety

plans with victims of stalking. We hope this guide

will help you identify stalking behaviors, the barriers

stalking victims face, and solutions that enhance

their safety. Please visit our website for additional

information.

The Oce on Violence Against Women supported the

development of this product under award 2017-TA-

AX-K074. The opinions and views expressed in

this document are those of the authors and do not

necessarily represent the ocial position or policies

of the Oce on Violence Against Women of the U.S.

Department of Justice.

1000 Vermont Ave NW, Suite 1010 | Washington, DC 20005 | (202) 558-0040 | stalkingawareness.org

@FollowUsLegally

STALKING

PREVENTION,

AWARENESS,

AND RESOURCE

CENTER

Addressing Stalking: A Checklist for Domestic and

Sexual Violence Organizations

Because there are very few stalking-specific service providers, stalking victims rely on domestic and/or

sexual violence programs to assist them with safety planning and resources. In reviewing your agency’s

response to stalking, consider the following questions:

• Does your organization provide services to victims of stalking?

• If so, how easy is it for a stalking victim to know they can seek services from your organization?

For instance, is stalking specifically mentioned in your outreach materials?

• Do your organization’s services address the needs of all victims of stalking – including those

stalked by someone who is not an intimate partner?

Please use the checklist below assess your agency’s efforts to respond to stalking.

Of course, different agencies vary in mission, scope, and capacity, so not all categories or suggestions

will be relevant to or feasible for every service provider.

Organization Mission and Values

❑

Serving victims of stalking is included as part of your organization’s statement of mission and

values.

Website

❑

“Stalking” is mentioned on your website as a form of violence your agency addresses.

❑

Your website links to Victim Connect (the referral hotline for victims of crime,

including stalking).

❑

Your website provides definitional information/fact sheets on stalking (see these resources).

❑

Your website provides a link to a stalking log that victims can use to document evidence of

stalking.

❑

Your website features stories that focus on or include stalking.

❑

Your website notes that January is National Stalking Awareness Month (resources here).

Social Media

❑

Your organization participates in National Stalking Awareness Month in January by sharing

relevant posts on your social media platforms.

❑

Your social media platforms feature stories that focus on or include stalking.

❑

You post facts, statistics, and new studies about stalking with some frequency.

❑

You follow SPARC (@FollowUsLegally) on social media and share relevant

posts/information.

STALKING

PREVENTION,

AWARENESS,

AND RESOURCE

CENTER

Print Materials

❑

Promotional and awareness materials (fliers, posters, brochures, postcards, etc.) state that

you provide services to victims of stalking.

❑

You engage in public awareness campaigns that highlight the crime of stalking.

❑

If you provide fact sheets, brochures, or other print resources for distribution by local law

enforcement or other collaborative partners, you include resources devoted to stalking.

Staff Training

❑

Victim advocates, hotline staff, and shelter staff receive regular training and information

about stalking victimization.

❑

Your organization regularly seeks and participates in trainings and webinars on the topic of

stalking.

❑

Your staff is familiar with safety planning strategies for victims of stalking (some suggestions

here).

❑

Staff are aware of resources relevant to victims of stalking, such as

www.stalkingawareness.org and NNEDV Safety Net (for technology safety).

Serving Victims and Survivors

❑

Staff are able to identify stalking even when it is not identified as such by the victim. For

example, if a victim states “my ex has gotten creepy,” staff would be alert to the potential of

a stalking situation.

❑

Staff are knowledgeable about what services they can and cannot provide to victims

of stalking.

❑

Staff use the Stalking Harassment Assessment Risk Profile (SHARP) when appropriate

– a research-based assessment tool designed to assess risk when stalking behavior is

present.

❑

Staff work to accommodate the immediate safety needs of all victims of stalking,

including those being stalked by someone who is not an intimate partner (for

example, those stalked by a coworker or neighbor).

❑

If your agency is unable to provide assistance to those stalked by someone other than

an intimate partner, you have identified one or more other agencies that can assist.

❑

Court advocacy staff are able to assist with civil orders of protection specific to

stalking or harassment (if applicable) and know how to highlight any stalking behavior

that occurs within the context of an intimate relationship for purposes of obtaining a

domestic violence protection order.

❑

Your mental health referral network includes professionals who have expertise

working with victims of stalking.

STALKING

PREVENTION,

AWARENESS,

AND RESOURCE

CENTER

Community Education

❑

You provide community training on stalking (ready-to-teach programs available here).

❑

When educating on intimate partner violence tactics, you use the word “stalking” to describe

controlling behaviors that are stalking such as surveillance or constant phone calls or text

messaging.

Partnerships

❑

You have identified and built collaborative relationships with organizations and are able to

provide a warm referral to stalking victims.

❑

You include stalking in your coordinated response efforts.

❑

Your organization provides training to law enforcement, mental health practitioners, attorneys,

probations/corrections officers and other relevant partners in addressing stalking.

❑

You share information with your partners about relevant trainings or webinars that address

stalking.

For additional assistance in ensuring your program is accessible to stalking victims, please contact

SPARC at [email protected] or visit our website at www.stalkingawareness.org.

This project was supported by Grant No. 2017-TA-AX-K074 awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The

opinions, findings, conclusions, and recommendations expressed are those of the authors and do not necessarily reflect the views of OVW.

STALKING RESPONSE STRATEGIES

FOR COLLEGE CAMPUSES

This project was supported by Grant No. 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings,

conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department

of Justice, Office on Violence Against Women.

1000 Vermont Avenue NW, Suite 1010 | Washington, DC 20005 | (202) 558-0040 | www.stalkingawareness.org

@FollowUsLegally

DID YOU KNOW

Stalking is a violation of student conduct codes and Title IX, and is a crime under the laws

of the 50 states, District of Columbia, U.S. Territories, and Federal government. Adults

18-24 years old experience the highest rates of stalking, making it vital for colleges to

appropriately address stalking on campus and ensure services are accessible to all stalking

victims. Campuses face the challenges of high prevalence rates and predictable victim

schedules that make it relatively easy for stalkers to access victims.

The majority of campus victims are stalked by someone they know and most stalkers are

fellow students. Stalking interferes with victims’ academics and extracurricular activities. In

addition to serious and long-lasting emotional and psychological harm, stalking can

involve severe — even lethal —violence. Campuses that understand the nature and

dynamics of stalking, the impact of stalking on victims, and the jurisdictional complexities

of stalking cases can support victims and hold stalkers accountable.

HOW CAMPUS PROGRAMS CAN HELP

1. Recognize that stalking is a pattern of behavior, and a stalking victim’s level of fear and

need for resources and assistance may vary and change based on the stalker’s behaviors.

2. Listen closely to victims — even if what they say sounds unbelievable — and refer them

to seek additional support. Some college employees are mandated to report stalking

while others may not be. Ensure that the campus community is aware of who is and is

not a confidential assistant.

3. Documentation can be extremely helpful in stalking cases. Victims could consider using

this campus documentation log.

4. Support victims by providing appropriate accommodations in their academics, housing,

extracurricular activities, and/or whatever else they need to feel safe.

5. Collaborate with other programs on campus, external support services, and the criminal

and civil justice systems to protect victims and hold stalkers accountable.

6. Investigate incidents to see if they establish a pattern of behavior and are a violation of

campus policies.

While legal

definitions of

stalking vary from

one jurisdiction to

another, Title IX and

the Clery Act have a

good working

definition:

Engaging in a course

of conduct directed

at a specific person

that would cause a

reasonable person to

(1) Fear for the

person’s safety or the

safety of others; or

(2) Suffer substantial

emotional distress.

STALKING VICTIMIZATION

• An estimated 6-7.5 million people are stalked in a one year

period in the United States.

• Nearly 1 in 6 women and 1 in 17 men have experienced stalking

victimization at some point in their lifetime.

• Using a less conservative deﬁnition of stalking, which considers

any amount of fear (i.e., a little fearful, somewhat fearful, or

very fearful), 1 in 4 women and 1 in 13 men reported being a

victim of stalking in their lifetime.

• About half of all victims of stalking indicated that they were

stalked before the age of 25.

• Stalkers use many tactics including:

Approaching the victim or showing up in places when the victim

didn’t want them to be there; making unwanted telephone calls;

leaving the victim unwanted messages (text or voice); watching or

following the victim from a distance, or spying on the victim with

a listening device, camera, or GPS.

* Source for the above stats: Smith, S.G., Zhang, X., Basile, K.C., Merrick, M.T., Wang,

J., Kresnow, M., Chen, J. (2018). The National Intimate Partner and Sexual Violence

Survey (NISVS): 2015 Data Brief. Atlanta, GA: National Center for Injury Prevention

and Control, Centers for Disease Control and Prevention.

• The majority of stalking victims are stalked by someone they

know. Many victims are stalked by a current or former intimate

partner, or by an acquaintance.

• People aged 18-24 have the highest rate of stalking victimization.

** Source for the above stats: Catalano, S., Smith, E., Snyder, H. & Rand, M. (2009).

Bureau of Justice Statistics selected ﬁndings: Female victims of violence. Retrieved

from http://www.bjs. gov/content/pub/pdf/fvv.pdf.

• Almost half of stalking victims experience at least one unwanted

contact per week.

• 11% of stalking victims have been stalked for 5 years or more.

• 1 in 4 victims report being stalked through the use of some form

of technology (such as e-mail or instant messaging).

• 10% of victims report being monitored with global positioning

systems (GPS), and 8% report being monitored through video

or digital cameras, or listening devices.

*** Source: Katrina Baum et al., “Stalking Victimization in the United States,”

(Washington, DC: Bureau of Justice Statistics, 2009).

IMPACT OF STALKING ON VICTIMS

• 46% of stalking victims fear not knowing what will happen next.

• 29% of stalking victims fear the stalking will never stop.

• 1 in 8 employed stalking victims lose time from work as a result

of their victimization and more than half lose 5 days of work

or more.

• 1 in 7 stalking victims move as a result of their victimization.

**** Source: Katrina Baum et al., “Stalking Victimization in the United States,”

(Washington, DC: Bureau of Justice Statistics, 2009).

• Stalking victims suer much higher rates of depression,

anxiety, insomnia, and social dysfunction than people in the

general population.

****Source: Eric Blauuw et al., “The Toll of Stalking,” Journal of Interpersonal Violence, 17,

no. 1 (2002):50-63.

STALKING OFFENDERS

• 2/3 of stalkers pursue their victims at least once per week, many

daily, using more than one method.

• 78% of stalkers use more than one means of approach.

• Weapons are used to harm or threaten victims in 1 out of 5 cases.

• Almost 1/3 of stalkers have stalked before.

• Intimate partner stalkers frequently approach their targets,

and their behaviors escalate quickly.

****Source: Kris Mohandie et al.,“The RECON Typology of Stalking: Reliability and

Validity Based upon a Large Sample of North American Stalkers,” Journal of Forensic

Sciences, 51, no. 1 (2006).

STALKING LAWS

• Stalking is a crime under the laws of 50 states, the District of

Columbia, the U.S. Territories, and the Federal government.

• Less than 1/3 of states classify stalking as a felony upon ﬁrst

oense.

• More than 1/2 of states classify stalking as a felony upon second

or subsequent oense or when the crime involves aggravating

factors.

• Aggravating factors may include: possession of a deadly weapon,

violation of a court order or condition of probation/parole, victim

under 16 years, or same victim as prior occasions.

STALKING FACT SHEET

WHAT IS STALKING?

While legal deﬁnitions of stalking vary from one jurisdiction

to another, a good working deﬁnition of stalking is: a course

of conduct directed at a speciﬁc person that would cause a

reasonable person to feel fear.

@FollowUsLegally

STALKING PREVENTION, AWARENESS,

AND RESOURCE CENTER

This project was supported by Grant No. 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings,

conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department

of Justice, Office on Violence Against Women.

1000 Vermont Ave NW, Suite 1010 | Washington, DC 20005 | (202) 558-0040 | stalkingawareness.org

COLLEGE STUDENT STALKING VICTIMIZATION

• Between 6% and 39% of college students report being stalked

since entering college.

• College students at higher risk for experiencing stalking include:

o Women

o Students of color

o Sexual minority and gender non-conforming college

students (LGBTQ+)

o Students with disabilities

o Students living o campus

o Younger students

•

Among undergraduates stalked by an intimate partner:

o 32% were sexually assaulted the prior academic year

o 40% experienced co-occurring coercive control

o 27% experienced co-occurring threats for a partner to hurt

themselves, the victim, or someone the victim loves

o 11% experienced co-occurring physical assault by an

intimate partner

•

43% of college stalking victims who meet the legal criteria of

‘stalking’ do not identify their experience as ‘stalking’.

DISCLOSURE AND HELPSEEKING

Among college stalking victims:

•

92% tell friends and/or family.

•

29% contact a program or resource for help, more than victims

of sexual harassment (12%) or IPV (19%).

o Transgender, nonbinary, genderqueer, or gender

questioning (33%) are more likely than cisgender students

(28% cis women/29% cis men) to do so.

•

Of those who contact a campus program for help, 40% say it

was extremely or very useful and 35% say it was a little or not

at all useful.

STALKING OFFENDERS

•

The majority of college student victims are stalked by someone

they know.

o Most stalkers are also students.

o The most common stalkers are former intimate partners

(33%), closely followed by someone the victim knows or

recognizes but is not a friend (31%), then friends (25%),

classmates (18%), and current intimate partners (14%).

•

The most common stalking behaviors reported by college

stalking victims include:

o Unwanted voice or text messages (45%).

o Unwanted emails or social media (44%).

o Being approached or seeing the stalker show up at places

when the victim did not want them to be there (37%).

•

Stalkers misuse common technology and use specialized

technology to facilitate stalking:

o 24% of college stalking victims have had a stalker create a

fake proﬁle pretending to be the victim.

o 21% have experienced spooﬁng (calls, texts, or e-mails in

which the stalker makes the contact seem that is coming

from someone else).

o 16% have been doxed (had private or identifying

information published publicly online).

o 16% have been the victim of nonconsensual sharing of

intimate images.

•

People with Autism Spectrum Disorders are more likely to

engage in inappropriate courting behavior and pursue romantic

targets longer,

so reports of stalking committed by these

students require specialized interventions that include input

from disability experts.

What is stalking?

While legal deﬁnitions of

stalking vary from one jurisdiction to another,

Title IX and the Clery Act have a good working

deﬁnition of stalking:

Engaging in a course of conduct directed at a speciﬁc

person that would cause a reasonable person to (1)

Fear for the person’s safety or the safety of others; or

(2) Suer substantial emotional distress.

STALKING AMONG COLLEGE STUDENTS:

FACT SHEET

Stalking is a violation of student conduct codes

and Title IX, and a crime under the laws of the 50

states, District of Columbia, U.S. Territories, and

Federal government.

18-24-

ear-olds experience the highest

rates o

stalking among adults.

This makes it vital for colleges to appropriately

address stalking on campus and ensure services

are accessible to all victims.

School-Related Impacts for Stalking Victims Include:

• diculty concentrating in class, on assignments,

and during exams

• missing meetings and extra-curricular activities

• dropping classes

• lower grades

• considering dropping out of school

• changing living situation, like moving out of dorms

STALKING VICTIMIZATION

• An estimated 6-7.5 million people are stalked in a one year

period in the United States.

• Nearly 1 in 6 women and 1 in 17 men have experienced stalking

victimization at some point in their lifetime.

• Using a less conservative deﬁnition of stalking, which considers

any amount of fear (i.e., a little fearful, somewhat fearful, or

very fearful), 1 in 4 women and 1 in 13 men reported being a

victim of stalking in their lifetime.

• About half of all victims of stalking indicated that they were

stalked before the age of 25.

• Stalkers use many tactics including:

Approaching the victim or showing up in places when the victim

didn’t want them to be there; making unwanted telephone calls;

leaving the victim unwanted messages (text or voice); watching or

following the victim from a distance, or spying on the victim with

a listening device, camera, or GPS.

* Source for the above stats: Smith, S.G., Zhang, X., Basile, K.C., Merrick, M.T., Wang,

J., Kresnow, M., Chen, J. (2018). The National Intimate Partner and Sexual Violence

Survey (NISVS): 2015 Data Brief. Atlanta, GA: National Center for Injury Prevention

and Control, Centers for Disease Control and Prevention.

• The majority of stalking victims are stalked by someone they

know. Many victims are stalked by a current or former intimate

partner, or by an acquaintance.

• People aged 18-24 have the highest rate of stalking victimization.

** Source for the above stats: Catalano, S., Smith, E., Snyder, H. & Rand, M. (2009).

Bureau of Justice Statistics selected ﬁndings: Female victims of violence. Retrieved

from http://www.bjs. gov/content/pub/pdf/fvv.pdf.

• Almost half of stalking victims experience at least one unwanted

contact per week.

• 11% of stalking victims have been stalked for 5 years or more.

• 1 in 4 victims report being stalked through the use of some form

of technology (such as e-mail or instant messaging).

• 10% of victims report being monitored with global positioning

systems (GPS), and 8% report being monitored through video

or digital cameras, or listening devices.

*** Source: Katrina Baum et al., “Stalking Victimization in the United States,”

(Washington, DC: Bureau of Justice Statistics, 2009).

IMPACT OF STALKING ON VICTIMS

• 46% of stalking victims fear not knowing what will happen next.

• 29% of stalking victims fear the stalking will never stop.

• 1 in 8 employed stalking victims lose time from work as a result

of their victimization and more than half lose 5 days of work

or more.

• 1 in 7 stalking victims move as a result of their victimization.

**** Source: Katrina Baum et al., “Stalking Victimization in the United States,”

(Washington, DC: Bureau of Justice Statistics, 2009).

• Stalking victims suer much higher rates of depression,

anxiety, insomnia, and social dysfunction than people in the

general population.

****Source: Eric Blauuw et al., “The Toll of Stalking,” Journal of Interpersonal Violence, 17,

no. 1 (2002):50-63.

STALKING OFFENDERS

• 2/3 of stalkers pursue their victims at least once per week, many

daily, using more than one method.

• 78% of stalkers use more than one means of approach.

• Weapons are used to harm or threaten victims in 1 out of 5 cases.

• Almost 1/3 of stalkers have stalked before.

• Intimate partner stalkers frequently approach their targets,

and their behaviors escalate quickly.

****Source: Kris Mohandie et al.,“The RECON Typology of Stalking: Reliability and

Validity Based upon a Large Sample of North American Stalkers,” Journal of Forensic

Sciences, 51, no. 1 (2006).

STALKING LAWS

• Stalking is a crime under the laws of 50 states, the District of

Columbia, the U.S. Territories, and the Federal government.

• Less than 1/3 of states classify stalking as a felony upon ﬁrst

oense.

• More than 1/2 of states classify stalking as a felony upon second

or subsequent oense or when the crime involves aggravating

factors.

• Aggravating factors may include: possession of a deadly weapon,

violation of a court order or condition of probation/parole, victim

under 16 years, or same victim as prior occasions.

STALKING FACT SHEET

WHAT IS STALKING?

While legal deﬁnitions of stalking vary from one jurisdiction

to another, a good working deﬁnition of stalking is: a course

of conduct directed at a speciﬁc person that would cause a

reasonable person to feel fear.

@FollowUsLegally

STALKING PREVENTION, AWARENESS,

AND RESOURCE CENTER

This project was supported by Grant No. 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, ﬁndings,

conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department

of Justice, Office on Violence Against Women.

1000 Vermont Ave NW, Suite 1010 | Washington, DC 20005 | (202) 558-0040 | stalkingawareness.org

STALKING AMONG COLLEGE STUDENTS:

FACT SHEET

SOURCES

Cantor, D., Fisher, B., Chibnall, S., Madden, K. (2020). Report on the AAU campus climate survey on sexual assault and misconduct. Westat.

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students. Journal of American college health, 68(6), 624-630.

Brady, P. Q., Nobles, M. R., & Bouard, L. A. (2017). Are college students really at a higher risk for stalking?: Exploring the generalizability of student samples in victimization

research. Journal of criminal justice, 52, 12-21.

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students. Journal of American college health, 68(6), 624-630.

Reyns, B. W., Henson, B., & Fisher, B. S. (2012). Stalking in the twilight zone: Extent of cyberstalking victimization and oending among college students. Deviant Behavior, 33(1),

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1-25.

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research. Journal of criminal justice, 52, 12-21.

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students. Journal of American college health, 68(6), 624-630.

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students. Journal of American college health, 68(6), 624-630.

Brady. P. Q., & Griffin, V. W. (March, 2019). Generation iStalk: Tech-facilitated stalking among emerging adults. Paper presented at the Southern Criminal Justice Association

nference in Nashville, Tennessee.

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Developmental Disorders, 37(10): 1969-1986.

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Prevention Strategies for School Settings. Journal of Autism and Developmental Disorders, 44(11): 2698-706.

TALKING STALKING:

TIPS FOR PREVENTION/AWARENESS EDUCATORS

Stalking is a serious, prevalent, and dangerous crime that impacts every community in the United States. While

awareness and public discussion of intimate partner violence and sexual assault have increased in recent years, stalking

remains frequently misunderstood and rarely discussed – both within the ﬁelds of domestic and sexual violence and

among the broader general public.

It is essential for victims, survivors, service providers, and the criminal justice system to be able to identify and

name stalking. Stalking is a unique crime that calls for particularized safety planning, investigation, charging, and

prosecution, as well as the development and implementation of policies and protocols to ensure an eective response.

For victims, it can be very empowering to accurately name their experiences as “stalking;” it enables them to make

sense of what they are going through and helps them identify and seek appropriate help and resources.

A collective community response is required to end stalking. Friends and family members are usually the ﬁrst people a

stalking victim talks to about what’s going on and their responses heavily inﬂuence whether or not a victim seeks further

help. When friends, family, neighbors, teachers, mentors, and colleagues know how to identify stalking, they are better

able to support victims and help keep them safe.

Dating abuse and/or sexual assault educators have an incredible opportunity to increase knowledge about this commonly

co-occurring crime. With this guide and the referenced materials, SPARC hopes to assist educators in their essential

work to raise awareness of stalking.

THIS GUIDE INCLUDES:

• Strategies to incorporate stalking education into existing SA and DV programming

• Resources for workshops speciﬁcally focused on stalking

• Activities, videos, and other resources that can serve as building blocks for your own program

Please reach out to the Stalking Prevention, Awareness & Resource Center ([email protected])

with any questions or for additional assistance.

INTRODUCTION – WHY NAME STALKING?

NAME/IDENTIFY STALKING.

Stalking is generally deﬁned as a pattern of behavior targeted at a speciﬁc person that would cause a reasonable

person to feel fear. Fear is central to the deﬁnition of stalking. Common stalking behaviors include (but are not

limited to) following, repeated contact, surveillance, spreading rumors, and threats.

RECOGNIZE THAT STALKING OFTEN CO-OCCURS WITH THE ISSUES YOU’RE ALREADY

EDUCATING ON.

Consider the behaviors and examples that you already use in your workshops to illustrate interpersonal violence – it’s

very likely that you’re already talking about stalking! Simply explaining that “X behavior is also an example of stalking,

a prevalent crime that may co-occur with dating violence/sexual assault” can be a major step in helping victims identify

their experiences and seek more information. More speciﬁc suggestions are below.

If your organization provides information on sexual assault, intimate partner violence, harassment in the workplace,

elder abuse, child abuse, and/or a variety of other issues, stalking is relevant to your topic. Adding some statistics and/

or examples about the intersection of stalking with your main topic can be an easy and time-ecient way to incorporate

stalking into your educational eorts.

PROVIDE RESOURCES, EXAMPLES, AND VICTIM/SURVIVOR STORIES.

Consider the information and materials that you disseminate during presentations, on social media, and/or your website.

Is information about stalking included? Do you deﬁne what it is? When providing case scenarios, do you ensure that your

examples feature stalking? Do you link to Victim Connect or to local resources that address stalking? Make stalking

part of the conversation.

WHAT IS STALKING?

While you do not have to be an expert on stalking, educators should have basic knowledge about the deﬁnition,

dynamics, and prevalence of stalking. Please consider reviewing the following resources:

• Stalking: Deﬁnition and FAQs

• Stalking Fact Sheet

• Webinar – Stalking: Know It, Name It, Stop it

• Understanding Stalking Brochure

Many educators are given limited time to present on a variety of substantive and complex topics. If you

are not able to dedicate an entire program to the topic of stalking, please consider the following ways to

incorporate stalking into existing training.

UNDERSTANDING STALKING

INCORPORATING STALKING INTO EXISTING

DV AND SV PROGRAMMING

ADD ONE SLIDE ON STALKING.

If possible, add one slide with very basic information

on stalking. Sample below (and available for download

here).

IDENTIFY STALKING WHEN EDUCATING ON

RELEVANT ABUSIVE BEHAVIORS.

Many behaviors that are often described as “emotional

abuse,” including (but not limited to) texting or calling

constantly, surveillance, tracking using technology,

demanding constant check-ins, asking friends/family/

colleagues where the victim is and following, are also

examples of stalking behavior. In a presentation on

dating abuse or domestic violence, simply identifying

these behaviors as stalking can easily convey that

stalking is a distinct crime and form of victimization.

SAMPLE SPEAKING NOTES ON STALKING

(Best Practice: Speak about stalking after emotional abuse)

• Many emotionally abusive behaviors can also be categorized as stalking.

• Stalking is a crime.

• Stalking can happen in a relationship as a type of emotional abuse, or it can happen outside a romantic relationship.

The stalker could be a partner, friend, neighbor, or even a stranger.

• Stalking is scary and often becomes dangerous.

• If you’re experiencing stalking, you may want to seek help (provide resources).

• Speciﬁcally identify stalking in your case studies, survivor stories, and examples. Is there a story/case study that

you use in your trainings? Does it involve stalking? If so, articulate it. Simply saying “the oender also stalked the

victim – [list of behaviors] – and it’s important to realize that stalking can be a dangerous predictor of violence and

even murder” can be powerful.

Analyze the examples that you use for any identiﬁable stalking behaviors and highlight them as such.

INCORPORATE STALKING EXAMPLES INTO BYSTANDER INTERVENTION EDUCATION.

Bystander intervention education can and should include examples of stalking, particularly when discussing cultural

change/social norms. Just as learners are encouraged to be active bystanders who say something when they witness

peers being abusive, they can “call out” stalking behaviors as well and try to change the norms. For example: “Hey,

stop asking her roommate where she is – she’ll text you if she wants to” or “It’s not right to look through his phone

like that.” These can be incorporated in trainings as well as public awareness campaigns.

There are limitations to including stalking in bystander intervention education. Stalking is a pattern of behaviors,

so the incident-based intervention scenarios campuses often use for sexual assault (i.e., “You notice an upperclassman

plying a freshman with drinks at a party”) are typically not quite as relevant. Bystanders could be encouraged to step

in if they witness an act of stalking, but should also recognize they are probably only impacting one act in a pattern

of behavior.

For instance, campus educators often tell the dating abuse story of Yeardley Love, a lacrosse player at the

University of Virginia who was murdered by her abusive ex-boyfriend (George Huguely) in 2012. This is an

opportunity to educate on stalking, as the perpetrator also engaged in stalking behavior including (but not limited

to) sending threatening e-mails and following her.

COMPLETE SCRIPTED CURRICULA AT

STALKINGAWARENESS.ORG

SPARC has two complete stalking public awareness

trainings with slides and speaking notes free and available

for download on the website. One is designed to inform

the general public, and the other is for professionals in the

DV ﬁeld. The recommended time needed for both

of these presentations is one hour.

Materials are free to down load, edit and utilize, simply

credit SPARC. Please include this citation: These ma-

terials are provided courtesy of the Stalking Prevention,

Awareness & Resource Center (SPARC) of AEquitas,

funded by the DOJ Oce of Violence Against Women.

UNDERSTANDING STALKING THROUGH

MEDIA

Using media can be an engaging way to encourage

participants to think critically about an issue and the

myths surrounding it. In popular media, stalking is often

shown as romantic, harmless, and/or funny. There are

many problematic media portrayals of stalking worth

analyzing.

Stalking is a complex and important topic, and participants can beneﬁt from longer trainings

that focus on stalking speciﬁcally. Activity-based sessions should be contextualized with some

basic information on stalking. Consider this short lesson (10 simple slides total with speaking

notes) on stalking to frame your activity/activities.

LEADING A SEPARATE WORKSHOP

OR TRAINING ON STALKING

Resources on popular media and stalking:

• These slides from SPARC (with speaking notes)

highlight some of the impacts of media

normalization of stalking. These can be used to help

build your session.

• Discussion questions for the Lifetime/Netﬂix

series You.

The popular Lifetime/Netﬂix show You focuses on

intimate partner stalking. Consider facilitating a

conversation around these questions.

• Pop Culture Detective: Stalking for Love

This video highlights and analyzes the trope of

stalking as a form of love.

• Trailers and clips from music videos, ﬁlm and TV.

From cartoons to romantic comedies to superhero

ﬁlms, there are many examples of stalking in media.

Typically, the stalking behavior is framed as harm-

less, funny, cute or romantic – it is almost never

named or explored for the dangerous crime it really

is. Brainstorm some examples in your community or

reach out to SPARC for suggested examples.

Short Videos with victim and survivor stories are another

powerful way to educate on stalking. You could build

a short program or discussion around a video for a

stand-alone presentation or incorporate the video into an

existing workshop. To the right are a few video clips to

consider.

To best meet the needs of your community, you may want

to search for stalking case examples on your own that

reﬂect your location and/or population (i.e.,

college campuses). Reach out to SPARC if you are

seeking examples.

Real Fear, Real Crime: The Peggy Klinke Story

Produced by the Stalking Resource Center and Lifetime

Television, this 18-minute training video was created in

response to the murder of stalking victim Peggy Klinke by

a former partner.

Stalking Videos and Discussion Guides

from OutrageUs.org

Designed with the domestic violence ﬁeld in mind, this

7-part mini docuseries (with videos ranging from

2 – 8 minutes) features survivors, law enforcement, and

victim advocates discussing the dynamics and impacts

of intimate partner stalking as well as tools to ﬁght back.

Each video has a discussion guide.

Including a participatory activity or two in a stalking workshop

can help engage your audience and reduce the amount of lecture to prepare.

Sample Activity with Behavior Cards

(Note: This activity should be used along with slides

deﬁning stalking and providing more information.)

In pairs or small groups, choose up to 5 cards, one at

a time. Consider each card as part of a pattern of

behavior/course of conduct from the same victim.

After each card you select, discuss the following

questions as a group:

1. How would you feel if this happened to you or to a

friend? Scared? Confused? Flattered? Annoyed?

2. Does this seem like a stalking case?

3. Is this potentially criminal behavior? Why or why not?

4. What are some ways that you could plan for safety?

1. Stalking Behavior Cards

These cards can be adapted for your

audience, printed, cut out, and used

for a variety of activities.

ADDITIONAL RESOURCES FOR DEVELOPING TRAININGS

ON STALKING PROGRAM

ACTIVITY IDEAS

2. Stalking Behavior Brainstorm

Stalkers engage in a variety of behaviors to scare

their victims. Ask participants to brainstorm stalking

behaviors that could be considered under one of the

categories listed to the right, then ask participants to

share what they discussed. These categories are from

Stalking: A Multidimensional Framework for

Assessment and Safety Planning.

Surveillance Life Invasion Interference Intimidation

List examples of Provide examples How is the stalker In what ways is

how the stalker of how the stalker interfering in the stalker

acts to watch, “shows up” and the victim’s life? threatening

track, and/or invades the victim’s What is the victim the victim?

monitor the victim. invades the victim’s losing or afraid to

victim does not lose as a result of

want the stalker to the stalker’s behavior?

be there.

Give participants drawing materials (ideally, large pieces of ﬂipchart paper and writing implements) and a time limit.

You may wish to hang paper around the room with these three dierent questions so that attendees move from one

chart to another.

In small groups, ask them to draw or write answers to the following questions from a victim’s perspective and/or from

an outsider’s (like a friend) perspective:

1) What does stalking look like?

2) What does stalking sound like?

3) What does stalking feel like?

Have participants report out. Highlight the diverse ways that victims may experience stalking and the contextual

nature of stalking, noting the following points:

• Stalking behaviors often have speciﬁc meanings between stalkers and their victims.

For example, a stalker might say “I’ll send you roses the day I kill you.” When the victim receives the roses,

the victim is terriﬁed. Outsiders might remark how nice it is that they received roses. Alternatively, stalkers

may be overtly threatening or violent.

• Fear is essential to the deﬁnition of stalking.

Many stalking victims feel scared, trapped, and like they are always looking over their shoulder.

3. How Does Stalking Look? Sound? Feel?

ACTIVITY IDEAS

4. Romantic Pursuit? Bullying/Cliques? Stalking?

Stalking is a highly contextual crime. Hang signs on dierent walls in the room:

“Romantic Pursuit,” “Bullying/Cliques,” and “Stalking.” Read the following behaviors out loud and ask participants to

choose under which heading the behavior belongs.

SAMPLE BEHAVIORS (note that these examples were written with a campus audience in mind.

Feel free to adapt or add any that are relevant to your audience):

The person…

1) Unexpectedly (and repeatedly) approaches you o campus: at the movies, out to coee with your friends,

at a party.

2) Brings ﬂowers to every a cappella concert that you’re in, leaves “good luck” and “congratulations” notes on

your dorm room door.

3) Takes your phone and reads your texts, emails, and incoming chats.

4) Steals things like your textbooks and jacket so that you have to go ask for them back.

5) Transfers classes to be in yours.

6) Sends multiple texts a day to check in, regardless of whether or not you respond.

7) Finds embarrassing information about you online and shares it with others.

8) Watches where you go – in the cafeteria, between classes, in the library.

9) Hacks into your Instagram account and pretends to be you.

10) Tries to be friends with your friends and roommates without invitation.

Ask a few attendees to explain their responses to the larger group, then facilitate a discussion highlighting the contextual

nature of stalking. The take-home point is to recognize that some of these may be stalking behaviors – particularly if

they are scary, become a pattern and/or seem to be escalating. Since stalking is a pattern of behaviors that can escalate

over time, sometimes fear doesn’t attach until later and the ﬁrst behavior(s) might seem innocent or easy to excuse.

Participants should be encouraged to trust their instincts and think about at what point they would (or wouldn’t)

consider this a stalking pattern of behavior as the example behaviors increase.

Thank you for incorporating stalking into your essential education work. Do not hesitate to reach out to SPARC (info@

stalkingawareness.org) for more guidance, feedback on curricula, suggestions for cases or media examples or to share

the work that you’re doing to raise awareness on stalking.

This project was supported by Grant No. 2017-TA-AX-K074 awarded by the Oce on Violence Against Women, U.S. Department of Justice. The opinions, ﬁndings, conclusions, and

recommendations expressed in this program are those of the author(s) and do not necessarily reﬂect the views of the Department of Justice, Oce on Violence Against Women.

ACTIVITY IDEAS

•

➢

•



•

➢

Stalking is a serious, prevalent, and dangerous crime that impacts every campus in the United States; that is a violation of

student conduct codes and Title IX; and that is a crime under the laws of the 50 states, District of Columbia, U.S. Territories,

Uniform Code of Military Justice, and Federal government, as well as many tribal jurisdictions.

When a school investigates a report of stalking and holds disciplinary or Title IX hearings, there are a lot of things to consider.

This document provides guidance on what is important to consider and what is important to ask the victim/complainant and

accused stalker/respondent. To refresh your understanding of stalking, watch webinars and read resources at

StalkingAwareness.org. To review how stalking is covered under Title IX, see our resource on The Basics of Stalking and Title IX

Schools that receive federal funding are required by Title IX to remedy any

situation of sex discrimination, address its effects, and prevent it from

happening again. Violating these requirements could cause a school to lose

its federal funding or be liable for monetary damages to the student whose

rights were violated.

IMPORTANT CONSIDERATIONS

Victims’ perceptions of their own risk and what their stalker is capable of

are one of the most accurate predictors of risk. The Stalking and

Harassment Assessment and Risk Profile (SHARP) is a tool designed

specifically to examine and assess stalking. It is a free web-based

assessment available at www.CoerciveControl.org

that assesses the “big

picture” of the stalking situation and a victim’s risk in the moment.

Remember that victims are sometimes unsure if what they are

experiencing violates student conduct codes, Title IX, or criminal statutes.

In fact, 43% of college stalking victims who meet the legal criteria of stalking do not identify their experience as “stalking.”

And

while 92% of college stalking victims tell friends and/or family about the unwanted pursuit behaviors, only 29% contact a

program or resource for help.

So, your contact is critical! Your response may determine how or if the victim continues to get

help or participates in the investigation and hearing process.

When first meeting with a victim, make sure to:

• Have stalking resources on hand, like brochures about stalking and available campus and local support services.

• Discuss the possibility of recording an audio or video victim statement to preserve what the victim says along with their

demeanor and explain why that would be helpful.

• Discuss the options of engaging with the criminal legal system and how an audio or video victim statement would be

helpful in that situation.

• Preserve evidence immediately, for example taking pictures of text messages.

• Prepare for the long haul. Stalking investigations are often long, resource-intensive investigations.

• Conduct a thorough interview and gather information now. This ensures other responders down the road can do their

jobs well, too.

Title IX defines stalking as a pattern of

behavior directed at a specific person that

would cause a reasonable person to fear for

the person’s safety or the safety of others;

or suffer substantial emotional distress.

The individual incidents that establish a

pattern of behavior may not be a violation

on their own.

Fear is central to the definition of stalking.

Common stalking behaviors include—but

are not limited to—repeated unwanted

phone calls and messages, showing up when

uninvited, following, surveillance, spreading

rumors, and threats.

Victims are often the first to minimize what is happening to them and friends, family, peers, and responders also often

downplay the seriousness. Any time a victim reports any type of harassing behavior, consider the possibility of a stalking case

and determine whether it is an isolated incident or repeated conduct. Overall, remember to:

• Look at the duration, intensity, and frequency of the behavior.

• Focus on respondent behavior.

• Consider what the victim has changed in their life in response to the behavior.

• Explain to the victim what their reporting options are and respect their decision; community advocates and criminal

legal professionals may be better positioned and resourced to help.

Listen closely and document everything a victim reports, even if what they say sounds unbelievable. It’s important to ask open-

ended questions and give the victim plenty of time to respond. It is also important to recognize the impact trauma has on victim

responses. In general, you want to ask questions about the context of the situation, the type of repeated and unwanted contact

that happened, and how it interfered with their life and/or made them feel fearful. It’s often helpful to explain to the victim why

you are asking a question and its context as part of the legal definition of stalking. When discussing any technology-facilitated

stalking, it’s important to explain that law enforcement may be better able to seize and examine any electronic evidence.

 Do you know the stalker?

o How long have you known them?

o How would you describe your relationship?

o Has your relationship changed?

o How has your relationship changed?

o What type of contact was typical in your

relationship? (medium and frequency)

 Was there something in particular that made you

decide to come in today?

 What do you remember about the timeline or history

of this contact?

 How did you receive the contact? (Phone call, email,

social media platform/app, text, etc.)

 If it was electronic, how did you identify the sender?

 People react to situations like this in a variety of ways,

and there’s no “right” or “wrong” way; it’s important for

us to document how the contact made you feel, so are

you able to describe in your own words what your

response was?

 Would you explain in your own words why the contact

made you feel that way?

 What did you think might happen to you as a result of

the contact?

 Did you keep any records of what was happening, like a

documentation log?

 People react to situations like this in a variety of ways,

some continue communication and some do not; what

type of communications have you had with the stalker

or have you stopped communicating with them?

 Do you believe the stalker knows that you do not want

any more communication? Why do you believe that?

 Has the contact increased, decreased, ceased?

 Did every contact scare you, or at what point did you

become frightened?

 Are you able to tell me about any impact this has had

on your daily life? If so, how?

 Did you change your routines or activities as a result of

what has occurred?

 Has there been any impact on your academics and/or

job that you’re able to tell me about?

 Have you done anything differently in your life as a

result of this situation?

 Have you gotten new phone numbers, email accounts,

social media accounts, etc. and not told the person

contacting you?

 Has anyone witnessed any of the events that have

happened?

QUESTIONS TO ASK THE VICTIM / COMPLAINANT

This project was supported by Grant No. 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings,

conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department

of Justice, Office on Violence Against Women.

@FollowUsLegally

The

importance of protecting fairness and due process rights for all students is a recognized goal of Title IX regulations.

Communicating to the accused/respondent that they don't have to answer questions and that they are free to leave an

interview can, at a minimum, demonstrate a statement is voluntary. It’s important to ask open-ended questions and give the

accused/respondent plenty of time to respond. In general, you want to learn whether the respondent knew or should have

known that the contact was unwanted. Many respondents express that the situation is a misunderstanding, so it’s often helpful

to ask, “how is what you’re doing being misunderstood?” to learn what they think about their behavior. Discuss the possibility of

recording an audio or video statement to preserve what the accused/respondent says along with their demeanor, which is often

very helpful in the investigation and hearing process.

 Do you know the complainant?

o How long have you known them?

o How would you describe your relationship?

o Has your relationship changed?

o How has your relationship changed?

o What type of contact was typical in your

relationship? (medium and frequency)

 Who are people familiar with the relationship between

you and the complainant?

 Describe your contact with the complainant.

 Describe the timeline or history of this contact.

 How did you contact them?

 Did you receive a response? What was it?

 What was the purpose of the contact?

 Why did you continue the contact (either after you

were asked to cease, when responses ceased, or when

no response was received)?

 What electronic communication devices do you use?

 What is your cell phone provider?

 What social media accounts do you use and what are

your user names?

 What devices do you use to access social media?

 What is your internet service provider?

 Where and how do you access the internet?

 Have you ever been accused of something like this

before?

o By whom?

o When?

If you

learn of other incidents or behavior that may violate Title IX or be criminal behavior—like sexual assault, strangulation,

vandalism, burglary, trespassing, or nonconsensual distribution of intimate images—make sure to document the incident(s),

discuss reporting options with the victim, and follow your own reporting requirements.

Please contact the Stalking Prevention, Awareness, & Resource Center (info@stalkingawareness.org

) with any questions or

for additional assistance to support victims and hold stalkers accountable.

Brady, P. Q. & Woodward Griffin, V. (2019). The Intersection of Stalking and Sexual Assault Among Emerging Adults: Unpublished Preliminary Results, mTurk Findings, 2018.

Cantor, D., Fisher, B., Chibnall, S., Madden, K. (2020). Report on the AAU campus climate survey on sexual assault and misconduct. Westat.

QUESTIONS TO ASK THE ACCUSED / RESPONDENT

FOLLOW-UP

1000 Vermont Avenue NW, Suit

e 1010 | Washington, DC 20005 | (202) 558-0040 | stalkingawareness.org

This bench card is designed for use in conjunction with the more comprehensive

Judicial Officer Guide for Responding to

Stalking and as a reference when considering the role of stalking in Federal courts; Tribal courts; immigration courts; state

family, juvenile, civil, and criminal court cases; and administrative law adjudications including immigration and Equal

Employment Opportunity Commission adjudications. Judicial officers are strongly encouraged to read

the full Guide prior to

using this bench card during proceedings.

This bench card serves as a reference for judicial officers on stalking behaviors and how these behaviors relate to other crimes,

to be better able to identify stalking in any type of case. Judicial officers are encouraged to make specific findings of fact

regarding stalking and issue detailed orders designed to stop stalking behaviors, hold offenders accountable, and prevent

dangerous consequences.

CONSIDERING/IDENTIFYING STALKING

Stalking can appear in any type of case and it is particularly important to look for indicators when the parties

know one another and/or there is evidence of ongoing harmful contact. Stalking can occur in the context of

other crimes and other crimes can occur in the context of stalking.

Stalking should be considered in protection order and domestic violence hearings

because intimate partner

stalkers are more likely (than stalkers with other relationships to their victims) to physically approach the

victim; be interfering, insulting, and threatening; use weapons; escalate behaviors quickly; and re-offend.

Technology-facilitated stalking (cyber-stalking) needs particular consideration and concern in stalking cases.

Perpetrators of stalking use and misuse technology to facilitate their stalking. They use computers, social

media, mobile phones, and other devices in their stalking behaviors to monitor, contact, control, and isolate

their victims, as well as to damage their victims’ credibility or reputation. The impact of technology-facilitated

stalking is vast and may be just as threatening and fear-inducing as in-person stalking. Victims of technology-

facilitated stalking often report higher levels of fear than individuals who experience in-person stalking

ASSESSING STALKING

It is extremely important to note that victims of stalking often do not identify their victimization as stalking or harassment and

are unlikely to use those words to describe what they’re experiencing; instead, they often describe the stalking behaviors and

impacts.

As such, it is important to use a framework for assessing the presence of stalking rather than rely on victims to

identify and name it. Stalkers often try to argue that their behavior is based on a legitimate purpose (to see the kids, to share

the car, to drive down the street, etc.), is a coincidence, or is not itself criminal behavior; however, if their behavior is a pattern

that shows the intent to survey, invade, intimidate, or interfere with/sabotage the victim using the behavior, then their actions

legally meet the evidence-based definition of stalking. Stalking can be done in-person, using technology, or both.

SLII STALKING TACTICS

Dr. TK Logan's multi-dimensional framework, focused on Surveillance, Life Invasion, Intimidation, and Interference through

sabotage or attack (SLII) tactics, provides a research-informed approach to assessing stalking behaviors in judicial

proceedings.

iii

The examples of SLII tactics below pertain to all types of victim-stalker relationships.

Follow, watch, monitor, wait for, show up uninvited, track using

software or devices, gather information, proxy stalking (using a

third party to stalk and report on the victim)

Unwanted/nonconsensual contact and communication,

show up without warning, property invasion, public

humiliation, harass friends/family

Explicit and implicit threats, property damage, symbolic

violence, forced confrontations, threat to or actually harm self,

threat to harm others, deportation threats

Financial and/or work sabotage, ruin reputation, custody

interference, keep victim from leaving, road rage, attack

friends/family/children/pets, physical or sexual attack

DURATION, INTENSITY, FREQUENCY

The framework also explains that stalkers use SLII tactics in a dynamic way that can be measured by the Duration, Intensity, and

Frequency of implementation.

•

Duration

is how long the tactics have gone on — when the stalking started and how long it has lasted.

•

Intensity

is the number of different tactics and locations that the stalker employs.

•

Frequency

is how often the stalker makes their presence known — how often the stalker approaches, confronts, and/or

interferes in the victim’s life.

Whether the offender exhibits one continuous tactic or a variety of tactics, the longer the duration and greater the intensity

and frequency of any stalking tactics, the greater the risk of harm, persistence, escalation, and life sabotage

Data show

greater victim psychological distress in response to greater frequency of stalking and to any changes in stalker behavior, and

escalation is known to lead to greater violence.

ESTABLISHING FEAR

In the vast majority of stalking situations, the stalker knows

their victim

and so may have unique and intimate

knowledge about their victim’s vulnerabilities and what

would scare them. Stalking behaviors often include a

specific meaning only understood by the victim, and may

be intended to seem benign to anyone other than the

victim. When the offender targets a victim with specific

incidents or tactics that the victim finds frightening, this

may show the offender’s intent to frighten them.

Victims react to stalkers in a variety of ways, and fear is

often masked by other emotions: anger, frustration,

hopelessness, despair, or apathy. Some may minimize and

dismiss their stalking as “no big deal.”

20%

44%

32%

19%

41%

43%

Person of Authority

Family Member

Stranger

Brief Encounter

Acquaintance

Current/Former

Intimate Partner

Stalking Victim & Offender Relationships

Female Victims

Male Victims

It is helpful to consider how victims change their behaviors to cope with the stalking. At a minimum, these are signs that the

stalker’s behaviors are unwanted and the victim is resisting the contact. Evidence and corroboration of the victim’s fear and

resistance can be found by considering changes and accommodations the victim has made to their life.

Some victims continue to have contact and engage with the stalker as a safety strategy, to gather information, assess the

offender’s state of mind, and negotiate their safety. Contact on the part of the victim does not mean that the victim is not in

fear or that the stalker’s behaviors are wanted. In fact, it may indicate that the victim is very afraid of the offender and is

contacting the offender to be able to assess and plan the steps they will take to increase safety for themselves and others.

RISK FACTORS

When reviewing a stalking case, there are 14 factors to consider in assessing the risk posed to victims. Evidence-based research

has found that the presence of or increase in any of the factors contributes to increased risk of current and future harm to the

stalking victim.

vii

(Note that there may be additional risk factors unique to a case that do not fit neatly into one of these

categories but that should still be considered.)

The Stalking and Harassment Assessment and Risk Profile (SHARP) is a web-based tool that provides a situational risk profile

(available at www.CoerciveControl.org

). This risk assessment is useful for several considerations: pretrial detention and bail

conditions, which cases may demand greater attention, and sentencing and post-sentencing (e.g., probation or parole).

COURT ORDERS AND FINDINGS

• Courts can specifically design court orders containing no-contact provisions, mitigating direct contact between the

victim and offender, and utilizing other available safety measures. Providing qualified interpreters in proceedings involving

stalking and translating court orders when the offender and/or the victim are limited English proficient promotes offender

compliance and victim safety.

• Identifying and distinguishing stalking from other forms of intimate partner violence occurring in a case enhances the

effectiveness of court orders in protection order and domestic violence related custody and divorce cases. Victims cannot

violate their own protection orders because the orders circumscribe only the offender’s behavior, not the victim’s.

• Detailed findings regarding the stalking behaviors and their frequency, duration, and intensity also help appraise future

judicial officers who hear actions involving the same parties of the severity of the abuse occurring in the case.

PROTECTION ORDERS & BAIL CONDITIONS

Consider orally informing the offender of conditions and prohibitions for protection orders and bail in court (particularly the

prohibition from possessing firearms, ammunition, and related permits and their associated verifiable surrender), as well as that

violations can result in revocations of bail, probation, etc. and may be the basis for (additional) criminal charges. Use qualified

interpreters in any criminal, family, or civil case involving people with limited English proficiency. Having court orders translated

into the languages spoken by the offender and/or victim promotes greater compliance and victim safety.

When stalking behaviors are present, both protection orders and bail conditions should:

Include no-contact provisions that carefully specify prohibitions on indirect as well as direct contact, including

contact through the use of technology and social media, and any other conditions (e.g., GPS monitoring or

restrictions on use of digital devices) that will help to ensure the victim’s safety.

Specify that “no contact” includes indirect contact and contact through third parties, as well as social media

posts about, or directed toward, the victim.

Prohibit contact with members of the victim’s family or household and, in appropriate cases, the victim’s

employer and named friends of the victim.

Prohibit the offender from monitoring, tracking, or surveilling the victim, by use of technology or otherwise.

List any locations frequented by the victim and specify the distance that the stalking perpetrator must stay away from

these locations.

Address when the offender and victim regularly frequent the same places (e.g., a church or a gym) — the order should

bar the offender from those locations completely except during times specified in the court order (designing the order

so that the victim is safe to be at the location except during the hours that the offender is authorized to be there).

Specify that if the offender arrives at a public location and the victim is present, the offender must promptly depart.

Prohibit the offender from possessing firearms, ammunition, and firearms permits; require verifiable surrender of

any of these that the offender currently possesses, and orally inform the offender of this prohibition in court.

Require the Prosecuting Attorney in a criminal case be informed of any attempt made by the Defendant to

purchase a weapon that is rejected by a Federal database.

Require electronic monitoring of the offender (e.g., ankle bracelet) and regular in-person reporting to probation.

Prohibit the use of alcohol or recreational drugs.

EXAMPLE OF STALKING FINDINGS

Petitioner, name, is a victim of stalking. Respondent, name, has utilized [insert stalking tactics categories, i.e., Surveillance, Life

Invasion, Intimidation, Interference through sabotage or attack] through the following behaviors [list the behaviors that fall

under the respective category]. These behaviors are found to be stalking tactics. Respondent, name, has executed these

behaviors that display a pattern of stalking [name the pattern; include frequency, duration, and intensity]. Respondent’s pattern

of behavior escalated and resulted in greater threat and/or violence against Petitioner, name. Respondent’s actions constitute

stalking [insert citation to state law definition]. HAVING MADE THESE FINDINGS… [Insert detailed specific orders to stop

that specific behavior].

ENDNOTES

Fissel, E. R., & Reyns, B. W. (2020). The Aftermath of Cyberstalking: School, Work, Social, and Health Costs of Victimization. American Journal of Criminal Justice, 45(1),

70-87.

Jordan, C. E., Wilcox, P., & Pritchard, A. J. (2007). Stalking acknowledgement and reporting among college women experiencing intrusive behaviors:

Implications for the emergence of a “classic stalking case”. Journal of Criminal Justice, 35(5), 556-569.

iii

Logan, TK & Walker, R. (2017). Stalking: A Multi-dimensional Framework for Assessment and Safety Planning. Trauma, Violence and Abuse, 18(2), 200-

222.

Id.

Smith, S.G., Basile, K.C., & Kresnow, M. (2022). The National Intimate Partner and Sexual Violence Survey (NISVS): 2016/2017 Report on Stalking.

Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.

vii

Logan, TK & Walker, R. (2017). Stalking: A Multi-dimensional Framework for Assessment and Safety Planning. Trauma, Violence and Abuse, 18(2), 200-

222.

Learn more at StalkingAwareness.org

This project was supported by Grant No. 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The

opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not

necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Judicial Officer Guide: Responding to Stalking Page 1

alking Prevention, Awareness, and Resource Center (SPARC)

1000 Vermont Avenue NW, Suite 1010 | Washington, DC 20005 | (202) 558-0040 | info@stalkingawareness.org

www.StalkingAwareness.org

National Council of Juvenile and Family Court Judges

P.O. Box 8970 | Reno, NV 89507 | (775) 507-4777 | [email protected]

www.ncjfcj.org

Nat

ional Immigrant Women’s Advocacy Project (NIWAP)

American University, Washington College of Law

4300 Nebraska Avenue NW N100B | Washington, DC 20016 | (202) 274-4457 | niwap@wcl.american.edu

www.wcl.american.edu/impact/initiatives-programs/niwap

is project is a collaboration between the Stalking Prevention, Awareness, and Resource Center (Julia Holtemeyer and Jennifer Landhuis)

and the National

Immigrant Women’s Advocacy Project, American University, Washington College of Law (Corrin Chow and Leslye E. Orloff). This project was supported by Grant

No. 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations

expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence

Against Women.

Table of Contents

I. Introduction ............................................................................................................................................... 3

A. Why Focus on Stalking? ................................................................................................................. 3

B. Stalking Relationships & Dynamics ............................................................................................... 4

C. Stalking in Other Crimes & Cases ................................................................................................ 4

II. Understanding Stalking ............................................................................................................................ 5

A. Framework for Understanding Stalking ......................................................................................... 7

B. Components of Stalking: Intentional Course of Conduct ......................................................... 7

i. SLII Stalking Tactics: Surveillance, Life Invasion, Intimidation, and Interference through

sabotage and attack .................................................................................................................. 8

ii. Stalking Perpetration: Duration, Intensity, Frequency ....................................................... 9

iii. Applying an Understanding of Stalking Tactics and Perpetration in Court Cases .......... 9

C. Components of Stalking: Reasonable Fear ................................................................................. 11

D. Components of Stalking: Unwantedness ................................................................................... 12

E. Technology-Facilitated Stalking ................................................................................................... 13

III. Assessing Risk in Stalking Cases ........................................................................................................... 14

IV. Co-Occurring and Interconnected Crimes ........................................................................................ 15

A. Stalking & Intimate Partner Violence .......................................................................................... 15

B. Stalking & Human Trafficking ....................................................................................................... 16

C. Stalking & Witness Intimidation .................................................................................................... 17

D. Stalking & Sexual Violence ............................................................................................................ 17

E. Stalking & Protection Order Violations ....................................................................................... 18

V. Stalking, Coercive Control, and Battery or Extreme Cruelty........................................................... 19

VI. Capturing Stalking Tactics in Rulings ................................................................................................... 21

A. Example of Stalking Findings ....................................................................................................... 24

B. Example of Coercive Control Findings ....................................................................................... 24

VII. For More Information ............................................................................................................................ 24

Appendix A: Judicial Officer Bench Card ................................................................................................... 28

Judicial Officer Guide: Responding to Stalking Page 3

I. INTRODUCTION

This Judicial Guide is designed to work in conjunction with federal, state, Tribal, and territorial stalking

laws. Judicial officers should consider stalking in all types of legal proceedings, including in Federal

courts; Tribal courts; immigration courts; state family, juvenile, civil, and criminal court cases; and

administrative law adjudications including immigration and Equal Employment Opportunity

Commission adjudications. Since the first stalking statute was passed in 1990, stalking had been

codified as a crime in the 50 states, District of Columbia, Federal

Government, U.S. territories, Military Code, and many Tribal Codes.

Judicial officers can use this tool to:

• Help identify the patterns and behaviors of stalking;

• Provide courts the background needed to readily identify stalking patterns and behaviors; and

• Include findings regarding stalking, using model judicial order language, in court orders.

A. WHY FOCUS ON STALKING?

Stalking is a crime that warrants special attention by courts because victims report experiencing

stalking at much higher rates than the justice system identifies it. In the U.S., 1 in 3 women and 1 in

6 men report experiencing stalking in their lifetimes, with the vast majority stalked by someone they

know.

Stalking frequently co-occurs with other crimes and is a risk factor for homicide.

iii

All stalkers

can be dangerous, but former or current intimate partners are generally more threatening, violent,

and interfering

and may stalk their victims before, during, and/or after the relationship.

Because

they are so dangerous, it is important to identify and make findings about the criminal act of stalking

separate from and in addition to concurring abusive conduct in intimate partner relationships.

Stalking is often part of the coercive control tactics used by intimate partner violence offenders to

maintain control over victims and it is essential to identify and name stalking in these

cases. It is also important to note that stalkers target acquaintances, friends, family,

employees, students, and people they have never met.

Stalking is one of the top ten risk factors for intimate partner homicide, with a three-fold

increase in homicide risk when present.

Judicial Officer Guide: Responding to Stalking Page 4

In one study, female victims in more than 75% of attempted and completed intimate partner

homicides had been stalked by the same offender during the previous year.

vii

• Among those who had been stalked, roughly 90% had also been physically abused.

viii

• More than half had reported their stalking to the police before they were killed.

B. STALKING RELATIONSHIPS & DYNAMICS

The largest national survey on

stalking victimization (from the

Centers for Disease Control and

Prevention) reports that the vast

majority of stalking victims know the

offender.

This means that in the vast majority

of cases, stalkers know their victims

and likely have unique and intimate

knowledge about victims’

vulnerabilities and fears. It is vital to

understand the context of the

situation to be able to determine if a reasonable person in the victim’s contextual situation would feel

fear after experiencing the repeated targeted behaviors. When there is a history of violence and the

victim has gone to significant lengths to avoid any encounters with the offender, even a seemingly

friendly note or gift is an alarming signal that those efforts have

been unsuccessful and the offender poses a threat. It is also

important to note that some victims do not avoid all encounters

with the offender; instead they continue to have contact and

engage with the stalker as a safety strategy, to know what the

offender is doing, thinking, and/or planning, in order to plan or

negotiate accordingly for their safety.

C. STALKING IN OTHER CRIMES & CASES

Stalking behaviors can arise in a wide range of court cases, including domestic violence, sexual

assault, protection orders, custody, divorce, child welfare, employment, human trafficking, and

immigration cases, as well as other family, civil, or criminal court matters. Many crimes frequently

co-occur with stalking, including trespassing, burglary, computer crimes, nonconsensual distribution

of intimate images, vandalism, threats of bodily harm, voyeurism, and witness intimidation.

20%

44%

32%

19%

41%

43%

Person of Authority

Family Member

Stranger

Brief Encounter

Acquaintance

Current/Former

Intimate Partner

Stalking Victim & Offender Relationships

Female Victims

Male Victims

Judicial Officer Guide: Responding to Stalking Page 5

• Stalking can appear in any type of case and it is

particularly important to look for indicators of stalking

in cases where the parties know one another and/or

there is evidence of ongoing harmful contact.

• The more access to and information about the victim

that the offender has, the more dangerous and

threatening they can — and are likely to — be;

research shows that intimate partner stalkers use

violence and threats the most, followed by

acquaintance stalkers, and then strangers.

o Intimate partner stalkers are more likely (than

stalkers with other relationships to victims) to

physically approach the victim; be interfering,

insulting, and threatening; use weapons;

escalate behaviors quickly; and re-offend,

making it vital to consider stalking whenever intimate partners are involved.

• In protection order and domestic violence related custody and divorce cases when the stalker is a

current or former partner, identifying and distinguishing stalking from other forms of intimate

partner violence also occurring in a case enhances the effectiveness of court orders. In criminal

domestic violence cases, evidence of stalking will be admissible at trial if relevant and allowable at

the sentencing phase of the criminal proceeding.

• Nearly 55% of women and 70% of men who are victims of stalking report it is unrelated to

intimate partner violence, showing that it is vital for judicial officers to recognize and respond to

stalking in a range of other contexts.

xii

This Judicial Guide will help judicial officers use concrete knowledge of stalking behaviors and how

these behaviors relate to other crimes to be better able to identify stalking in any type of case.

Whichever type of case stalking occurs in, judicial officers are encouraged to make specific findings

of fact regarding stalking and issue detailed orders designed to stop stalking behaviors, hold offenders

accountable, and prevent dangerous consequences.

II. UNDERSTANDING STALKING

Stalking is a course of conduct directed at a specific person that would cause a reasonable person to

feel fear for their own safety or the safety of others, and/or to feel emotional distress. Some

statutes define the number of incidents required to qualify as a stalking course of conduct, some

narrowly define fear, and some require that the stalker intentionally or knowingly causes fear.

Judicial Officer Guide: Responding to Stalking Page 6

All stalking statutes criminalize behaviors that are legal as single incidents, as well as abusive, coercive,

and controlling behaviors that may be illegal as single incidents. Therefore, it is crucial to pay

attention to the case’s context to accurately determine if the offender's behavior constitutes a

pattern that would cause a reasonable person to feel fear.

Stalking includes a wide range of threatening and disturbing behaviors and affects millions of people

in the U.S. each year. It can be done in-person, by using technology, or a combination thereof. As

with many crimes of interpersonal violence, offenders often target stalking victims because of

characteristics that make them less likely to report the crime and less likely to be believed or taken

seriously if they do report.

Women Men

Adults 18+

xiii

31% 16%

Young adults 18-24 years old

xiv

33% 28%

Adult victims (18+) with first stalking

experience before age 25

58% 49%

Adult victims (18+) with first stalking

experience before age 18

xvi

24% 20%

Adult victims 18+

xvii

• Multiracial (non-Hispanic)

• American Indian or Alaska

Native (non-Hispanic)

• White (non-Hispanic)

• Black (non-Hispanic)

• Hispanic

• Asian or Pacific Islander (non-

Hispanic)

• 54%

• 42%

• 33%

• 30%

• 26%

• 24%

• 30%

• 15%

• 20%

• 17%

• 9%

Bisexual women experience stalking twice as much as heterosexual women

and lesbian women experience stalking 25% more than heterosexual women,

in their lifetimes.

xviii

Gay men experience stalking twice as much as heterosexual men and bisexual

men experience stalking 40% more than heterosexual men, in their

lifetimes.

xix

Transgender and nonbinary/genderqueer undergraduate students experience

stalking 2.5 times more than all students.

Persons with disabilities are twice as likely to experience stalking.

xxi

Women, young adults,

multiracial individuals,

people of color, individuals

with disabilities,

transgender and gender

nonbinary individuals, and

lesbian, gay, bisexual, and

queer individuals report

experiencing stalking at

higher rates. Additional

populations may also be

particularly vulnerable to

stalking. For example,

there is little research on

stalking and immigrant

communities, but specific

aspects of immigrant

women could be exploited

by abusers — cultural

differences, lack of

culturally-specific support

services, undocumented

or temporary immigration

status, limited English

proficiency, and living in

communities with limited

information about U.S.

laws and legal protections.

Judicial Officer Guide: Responding to Stalking Page 7

A. FRAMEWORK FOR UNDERSTANDING STALKING

It is extremely important to note that victims of stalking often do not identify their victimization as

stalking or harassment and are unlikely to use those words to describe what they are experiencing;

instead, they often describe the stalking behaviors and impacts.

xxiii

xxii

As such, it is important to use a

framework for assessing the presence of stalking rather than rely on victims to identify and name it.

Dr. TK Logan's multi-dimensional framework is an effective tool to assess stalking. The figure

below shows this framework and how the components of stalking are related to one another.

Note that the stalking offender’s intentional course of conduct directly results in the victim’s

reasonable fear, inspiring unwantedness as a byproduct of or reaction to the victim's fear.

B. COMPONENTS OF STALKING:

INTENTIONAL COURSE OF CONDUCT

To assess whether there is an intentional course of conduct that qualifies as stalking, Dr. Logan

explains it must meet two criteria, that:

• The behaviors can be classified as stalking tactics; and

• The duration, intensity, and/or frequency of those behaviors demonstrate an intentional

pattern of behavior.

Stalking tactics are classified into four groups (Surveillance, Life invasion, Intimidation, and

Interference through sabotage and attack) that are measured by their Duration, Intensity, and/or

Frequency. Together, stalking tactics and patterns of behavior corroborate intent,

xxiv

whether or not

the offender admits intent.

Judicial Officer Guide: Responding to Stalking Page 8

SLII Stalking Tactics: Surveillance, Life Invasion, Intimidation, and Interference

through sabotage and attack

Stalkers often try to argue that their behavior is based on a legitimate purpose (to see the kids, to

share the car, to drive down the street, etc.), is a coincidence, or is not itself criminal behavior.

However, if their behavior is a pattern that shows the intent to survey, invade, intimidate, or interfere

with/sabotage the victim, then their actions legally meet the evidence-based definition of stalking.

When the offender targets a victim with specific incidents or tactics that the victim finds

frightening, this can be evidence of the offender’s intent to frighten them. SLII tactics can be done

in-person or through technology, and nearly half of all stalking victims experience both.

xxv

The examples of SLII tactics in Table 2 below pertain to all types of victim-stalker relationships. SLII

tactics can be part of the component of domestic violence called coercive control; when such tactics

are combined in a pattern of behavior that would cause a reasonable person to feel fear, these tactics

are both stalking and coercive control.

Table 2: Examples of SLII Stalking Tactics

SURVEILLANCE LIFE INVASION INTIMIDATION

INTERFERENCE

THROUGH SABOTAGE

OR ATTACK

• Follow

• Watch

• Wait

• Show up

• Tracking software or

devices

• Obtain information

about the victim

from others

• Have others stalk

the victim

• Monitor online

activity

• Access accounts

• Unwanted, non-

consensual contact

• Show up without

warning

• Property invasion

• Public humiliation

• Harass victim’s

friends/family

• Impersonate the

victim online

• Hack into the

victim’s accounts

• Explicit and implicit

threats

• Property damage

• Symbolic violence

• Forced

confrontations

• Threats to or

actually harm self

• Threats to harm

others

• Deportation threats

• Blackmail

• Threats to share

private information

• Threats to interfere

with employment,

finances, custody

• Financial, work

sabotage

• Ruining reputation

• Custody interference

• Keep victim from

leaving

• Road rage

• Attack victim’s

family, friends, pets

• Physical or sexual

attack

• Property damage

and/or vandalism

• Posting private

photos, videos,

information

• Controlling accounts

• Posing as victim and

creating harm

Judicial Officer Guide: Responding to Stalking Page 9

ii.

Stalking Perpetration: Duration, Intensity, Frequency

The framework also explains that stalkers utilize SLII tactics in a dynamic way that can be measured

by the Duration, Intensity, and Frequency of perpetration.

Duration

is how long the tactics have gone on — when the stalking started and

how long it has lasted.

Intensity

is the number of different tactics and locations that the stalker

employs.

Frequency

is how often the stalker makes their presence known — how often

the stalker approaches, confronts, and/or interferes in the victim’s life.

Whether the offender exhibits one continuous tactic or a variety of tactics, the longer the duration

and greater the intensity and frequency of any stalking tactics, the greater the risk of harm,

persistence, escalation, and life sabotage.

xxvii

xxvi

Data show greater victim psychological distress in

response to greater frequency of stalking and to any changes in stalker behavior, and escalation is

known to lead to greater violence.

iii.

Applying an Understanding of Stalking Tactics and Perpetration in Court Cases

Judicial officers will encounter stalking behaviors/tactics and will be able to identify and document

the duration, intensity, and frequency of stalking in a wide range of court cases. Stalking tactics are

not limited to criminal court cases and often appear in family court or other civil court cases,

including divorce, custody, guardianship, protection order, child welfare, employment, housing,

immigration, and other court actions, as well as administrative law proceedings. When stalking

behaviors are present and overlooked or not taken seriously by the court, the orders that the court

issues will not be effective in curbing stalking and other abusive behaviors, compromising victim

safety. On the other hand, identifying the presence of stalking in a family court or juvenile court

proceeding can help courts design better court orders that more effectively protect children and

domestic violence and stalking victims from ongoing harm. By routinely identifying stalking

behaviors, analyzing and documenting SLII tactics in court findings, and issuing court orders

designed to interrupt stalking behavior and hold offenders accountable, judicial officers can help

increase the safety of victims and their children.

The duration, intensity, and frequency analysis can assist with the determination of the offender’s

intent to instill fear or emotional distress and can inform the design of orders in family and civil court.

With this evidence and these findings, courts can specifically design court orders containing no-

contact provisions, mitigating direct contact between the victim and offender, and utilizing other

Judicial Officer Guide: Responding to Stalking Page 10

available safety measures. Courts can also

use such evidence and findings to better

inform child custody orders, rather than

granting access by default. Courts can also

refer victims to victim advocates who can

help them develop safety plans. Detailed

findings regarding the stalking behaviors and

their frequency, duration, and intensity help

appraise future judicial officers who hear

actions involving the same parties of the

severity of the abuse occurring in the case.

In criminal stalking cases, since the crime of stalking involves both a course of conduct and a result of

that conduct (fear or emotional distress on the part of the victim), it is important to determine what

mental state (or mens rea) is applicable both with respect to the conduct and to the result of that

conduct, since those, too, are elements of the crime that must be proved.

The criminal codes in many jurisdictions follow the Model Penal Code’s (MPC) culpability scheme,

which specifies the levels of culpability that must be proved with respect to acts or conduct that are

elements of a crime, as well as those pertaining to the effect or result of those acts. That scheme

classifies the mental elements of crimes as “purposeful,” “knowing,” “reckless,” or “negligent.”

xxviii

MPC jurisdictions, the applicable statutory provisions, together with the principles of statutory

construction, will determine which mental state must be proved with respect to acts or results of the

acts. The stalking statute may require, for example, that the

prosecution prove the defendant acted purposely with regard to

the acts constituting the course of conduct, but that the

defendant merely knew (or recklessly disregarded the risk) that

the victim would be placed in fear or would experience emotional

distress. On the other hand, it may require that the defendant

specifically intended for the victim to experience fear or

emotional distress.

Determining what must be proved with regard to the offender’s state of mind requires careful

reading of the stalking statute as well as any generally applicable provisions in the criminal code

related to culpability states or intent/mens rea and any relevant case law.

In jurisdictions that have not adopted the MPC culpability standards, the stalking statute may use

elements with a specific meaning (e.g., “willfully” or “maliciously”) that are defined by the

jurisdiction’s criminal code or in its case law. It may be important to determine whether the statute is

one of “general intent,” in which the defendant must intend only to commit the acts constituting the

Judicial Officer Guide: Responding to Stalking Page 11

course of conduct, or whether it is one of “specific intent,” in which case the defendant must also

intend the result of the conduct — the victim’s fear or emotional distress. The offender's requisite

intent may be satisfied by proving that:

• The offender's behavior can be classified as stalking tactics; and

• The duration, intensity, and frequency show a pattern of behavior.

If the offender’s actions were particularly frightening or upsetting because of past history or

information that they possessed about the victim — for example, making threats that play on a

particular fear — this shows the offender’s knowledge and intent.

Some jurisdictions consider past convictions admissible in criminal stalking cases as part of the

documentation of repeated behaviors; others do not. In a civil, family, or administrative law case,

such rules disallowing past convictions would not apply.

C. COMPONENTS OF STALKING:

REASONABLE FEAR

The second part of the framework is victim fear. Many statutes use the reasonable person standard

of feeling fear for their own safety or the safety of others, or feeling emotional distress.

Determining the reasonableness of fear includes assessing:

• The specific implicit or explicit threats;

• The context of those threats; and

• Victim fear or concern for safety.

Fear is central to stalking and it is highly contextual: what one

person finds frightening may not be frightening to another. To

determine reasonable fear, it is vital to determine the context of the

situation and understand the meaning of a situation or action to the

victim. In stalking cases, many of the behaviors are only frightening

to a victim because of their relationship with the stalker.

Victims react to stalkers in a variety of ways and fear is often

masked by other emotions: anger, frustration, hopelessness, despair,

or apathy. Some may minimize and dismiss their stalking as “no big

deal.” It is helpful to consider how victims change their behaviors to

cope with the stalking. At a minimum, these are signs that the

stalker’s behaviors are unwanted and the victim is resisting the contact. Evidence and corroboration

of the victim’s fear and resistance can be found by considering accommodations and changes the

victim has made to their life.

Judicial Officer Guide: Responding to Stalking Page 12

Accommodations and changes the victim has made to their life might include:

• Time spent obtaining a protection order

• Screening phone calls

• Relocation

• Efforts to keep

their address or location a secret

• Changing their own phone numbers,

email addresses, and/or social media

accounts

• Blocking phone numbers, email

addresses, and/or social media accounts

• Changes to device settings

• Time accessing support services

• Confidentially filing the victim’s

own immigration case to sever

reliance on the stalker’s

sponsorship

• Finances spent on safety devices

or accommodations

• Increased security and/or privacy

measures

• Asking friends, family, or

professionals for help

• Changes to schedule, routine, and/or

route/method of transport

• Avoiding locations or activities

• Financial impacts like employment

consequences

• Costs for repair or replacement of

damaged property, or immigration or

identity documents

• Informing work, daycare, school,

apartment building, religious

space, and/or others of the

situation and/or asking for

accommodations

• Taking steps to remedy identity theft

D. COMPONENTS OF STALKING:

UNWANTEDNESS

The third part of the framework is that the stalker’s behavior is unwelcome and the victim does not

want it to be happening. Indicators of this unwantedness can include the victim stating that they

want the stalker to stop, as well as steps they take to resist contact with the stalker. When a victim

makes changes in their life because of the stalker’s behavior, it is a clear sign that those behaviors are

unwanted.

Note that victims may show signs of unwantedness while also engaging with their stalker. Victims use

a variety of strategies to cope with stalking, including confronting the stalker, appeasing the stalker,

denying the stalking is happening, distracting themselves, or taking steps to try to increase their

safety. It is important to note that some victims continue to have contact with and engage with the

stalker as a safety strategy. They are gathering information, assessing the offender’s state of mind,

and negotiating for their safety. Contact on the part of the victim does not mean that the victim is

not in fear or that the stalker’s behaviors are wanted. In fact, it may indicate that the victim is very

Judicial Officer Guide: Responding to Stalking Page 13

afraid of the offender and is

contacting the offender to be

able to assess and plan the steps

they will take to increase safety

for themselves and their

children.

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Stalkers may be notified that their

behavior is unwanted by direct, formal means (like a protection order or

communication from the victim) or more indirectly (like their victim not

responding to their efforts at communication or avoiding them). Whether

the stalker is formally notified or should be picking up on social norms that

their behavior is unwanted, if they continue to persist it is an important red flag

for the victim’s safety as well as a clear sign that the stalker’s course of conduct is deliberate and

intentional.

E. TECHNOLOGY-FACILITATED STALKING

Technology-facilitated stalking (cyber-stalking) should be given the same consideration and concern

as in-person stalking. Nearly half of all stalking cases involve both in-person and technology-

facilitated stalking.

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Offenders both use and misuse technology to facilitate

their stalking. Technologies and tactics used by offenders are constantly evolving

and may seem impossible or unrealistic, but stalking offenders are creative in the

pervasive ways they monitor, surveil, contact, control, and isolate victims, as well

as the ways they damage victims’ credibility or reputation. Staying abreast of

evolving technology allows for the full scope of the offender’s actions to be

considered.

The impact of technology-facilitated stalking is vast and just as invasive,

threatening, and fear-inducing as in-person stalking. Victims of technology-

facilitated stalking often report higher levels of fear than individuals who

experience in-person stalking, and are just as concerned for their safety.

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Technology used to stalk can include but is not limited to: telephones,

computers, tablets, mobile devices, software, the internet, email, social media,

messaging applications, smart home devices, recording devices, tracking devices,

or other digital electronic devices and software.

In Table 3 below, common technology-facilitated stalking tactics are categorized using the SLII

framework.

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Judicial Officer Guide: Responding to Stalking Page 14

Table 3: Examples of Technology-Facilitated Stalking SLII Tactics

SURVEILLANCE LIFE INVASION INTIMIDATION

INTERFERENCE

THROUGH SABOTAGE

OR ATTACK

• Smart home devices

• Tracking software

• GPS or Bluetooth

tracking devices

• Cameras or

audio/video

recording devices

• Monitoring online

activity

• Accessing online

accounts

• Unwanted contact

online, through text

messages or phone

calls, other

platforms

• Impersonating

victim

• Hacking victim’s

accounts

• Impersonating

others to access the

victim

• Online threats

• Blackmail

• Sextortion

• Threats to release

private information,

photos, or videos,

real or fake

• Threats to interfere

with online accounts

• Posting private

photos, videos,

information online,

real or fake

• Spreading rumors

online

• Doxing (publicly

posting personally

identifiable

information)

• Swatting (prank call

to emergency

services)

• Controlling online

accounts

• Posing as victim and

creating harm

• Using technology to

encourage others to

harm the victim

III. ASSESSING RISK IN STALKING CASES

When reviewing a stalking case, there are 14 factors to consider in assessing the risk posed to victims.

Evidence-based research has found that the presence of or increase in any of the factors in Table 4

below contributes to increased risk of current and future harm to the stalking victim.

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Note that

there may be additional risk factors unique to a case that do not fit neatly into one of these

categories but that should still be considered.

The Stalking and Harassment Assessment and Risk Profile (SHARP) is a web-based tool that

examines these risk factors and provides a situational risk profile (available at

www.CoerciveControl.org). This risk assessment is useful for several considerations: pretrial

Judicial Officer Guide: Responding to Stalking Page 15

detention and bail conditions, which cases may demand greater attention, and sentencing and post-

sentencing (e.g., probation or parole).

Table 4: Stalking Risk Assessment Factors

IV. CO-OCCURRING AND INTERCONNECTED CRIMES

It is critical to consider how stalking relates to and intersects with other criminal offenses to help to

ensure that the defendant is held appropriately accountable for the full scope of their behaviors and

criminal conduct, and the ensuing harm to the victim. Assessments to identify stalking behavior

should be done in any case that has the potential for stalking behaviors, but specifically in

emergency protection order petitions, domestic violence protection order hearings, domestic

violence related custody and divorce cases, and employment-based cases. In employment-based

sexual assault cases, assessments for stalking and other crimes can be crucial to identifying the full

range of criminal or discriminatory behavior and retaliation perpetrated. Since stalking is a continuing

crime, it may include incidents that in a criminal prosecution would otherwise be barred by the

statute of limitations. Those incidences can be included in stalking prosecutions because the

limitations period for a continuing crime does not begin to run until the crime has concluded.

A. STALKING & INTIMATE PARTNER VIOLENCE

Stalking often co-occurs with domestic/intimate partner violence and can be an indicator of other

forms of violence. When a domestic abuser repeatedly engages in physical, sexual, emotional, or

psychological abuse against a victim, that may also be stalking. A common aspect of intimate

partner violence is coercive control, and stalking tactics are often part of that coercive control.

Judicial Officer Guide: Responding to Stalking Page 16

When abusers use stalking tactics to intimidate and control their victims, engaging in a pattern of

behavior that would cause a reasonable person to feel fear, abusers are engaging in both stalking and

coercive control.

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Compared to non-intimate partner stalkers, intimate

partner stalkers are more likely to:

• Approach and confront victims more frequently;

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• Be more intrusive in the victim’s life;

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• Use a wider range of stalking tactics;

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• Follow through on threats of violence;

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• Continue stalking for a longer period of time;

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• Reoffend after court intervention;

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and

• Reoffend more quickly.

Among victims stalked by an intimate partner, 74% report violence and/or coercive control during

the relationship.

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Prior to attempted or completed intimate partner femicide, the most common use

of the criminal justice system was reporting partner stalking.

xlii

Stalking is not simply the offender having a difficult time letting go of the relationship. It is vital to

recognize the offender’s history of controlling and dangerous behaviors as well as the fear that the

stalking generates in the victim. Even when there is no physical violence, stalking is still dangerous,

traumatic, and criminal.

B. STALKING & HUMAN TRAFFICKING

Human trafficking often involves co-occurring stalking behavior, where the stalking may be a tactic

to coerce or isolate the victim, or to intimidate the victim or witnesses. History is important in cases

of human trafficking (as well as any other crime in which the offender and victim had a relationship of

any duration), providing the offender with the opportunity and motive to engage in repetitive acts in

the course of targeting or maintaining control over the victim. Given the various methods of coercive

control used by traffickers of sex and labor, it is difficult to imagine a human trafficking case that

does not also involve stalking.

When considering cases of human trafficking, it is important for judicial officers to carefully consider

whether the offender’s behavior also constitutes stalking and if so, to make detailed findings in court

orders about stalking tactics, duration, and impacts on the victim.

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Judicial Officer Guide: Responding to Stalking Page 17

C. STALKING & WITNESS INTIMIDATION

Stalking as a means of witness intimidation may be employed by human traffickers, perpetrators of

domestic violence, and offenders of other crimes, as well — ranging from drug offenses and gang

violence to white-collar crime. Offenders may use stalking to keep victims from reporting to

authorities. Offenders or their allies may repeatedly drive by the witness’s home, park on the

witness’s street, or make threats against the witness or the witness’s family, including immigration-

related threats. Offenders may use social media to threaten witnesses or expose their cooperation

with the justice system on social media or other websites. Repetitive acts of this type may be

sufficient to support a stalking finding.

Considering witness intimidation — especially after the victim has reported to law enforcement or

applied for a protection order — is a vital piece of a stalking case; stalkers often threaten victims

about reporting to and/or participating in the justice system. Considering post-intervention stalker

behavior is a key part of a case, and stalking may actually increase during this time.

Judicial officers should carefully consider both stalking and witness intimidation whenever

considering one or the other.

D. STALKING & SEXUAL VIOLENCE

Sexual violence and stalking intersect in a variety of ways. Offenders may use sexual violence as part

of a stalking course of conduct, with SLII tactics such as those explained in Table 5 below.

Fear of sexual assault is covered under most stalking

statutes. Some stalkers sexually assault their victims as

part of the ongoing stalking, some begin stalking their

victims after they sexually assault them, some threaten

or plan to sexual assault their victim, and some solicit a

third party to sexually assault their victim.

xliii

When sex offenders select, groom, shame, intimidate, and threaten their victims into silence over a

period of weeks, months, or years, that is likely stalking.

xliii

Judicial Officer Guide: Responding to Stalking Page 18

Table 5: Examples of Sexually Violent SLII Stalking Tactics

SURVEILLANCE LIFE INVASION INTIMIDATION

INTERFERENCE

THROUGH SABOTAGE

OR ATTACK

• As part of planning a

sexual assault

• Monitoring a victim

after a sexual assault

• Voyeurism

• Unwanted contact

or communication of

a sexual nature or

about a sexual

assault

• Sexual harassment

• Nonconsensual

distribution of

intimate images

• Indecent exposure

• Spreading sexual

rumors

• Publicly humiliating

or shaming or

embarrassing the

victim with sexual

language or

information

• Threats of sexual

violence or sharing

sexual information

• Threats of violence

or sabotage if the

victim refuses to

perform sexual acts

• Blackmailing in

exchange for sexual

activity or photos

• Sexual assault

• Sexual harassment

• Stealing sexual

photos or videos

• Sharing sexual

photos or videos

without consent

• Sexually trafficking

or exploiting the

victim

E. STALKING & PROTECTION ORDER VIOLATIONS

Stalking is associated with increased protection order violations, across types of orders including

protection orders issued to stop family violence, sexual assault, and stalking. In one study, stalking

was also associated with higher levels of fear; researchers compared victim fear across different

situations, finding that victims were more fearful when their protection order was violated and they

had been stalked, compared with when their protection order was violated and they had not been

stalked, and compared with when their protection order

was not violated at all.

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xlv

Enforcement is a crucial component of protection

order effectiveness. Effective enforcement of orders in

stalking cases can increase victim safety and offender

accountability, and reduce general costs to society. The

xlv

Judicial Officer Guide: Responding to Stalking Page 19

relief of distress provided by court orders is significant to victims. In one study, 58% of women

experienced a protective order violation but the majority still said the protective order was extremely

(51%) or fairly (27%) effective, and that they felt extremely (43%) or fairly (34%) safe.

xlvi

Victims cannot violate their own protection orders because the orders circumscribe only the

offender’s behavior, not the victim’s.

V. STALKING, COERCIVE CONTROL, AND BATTERY OR

EXTREME CRUELTY

Table 6 below outlines the differences and overlap between stalking, coercive control, and battery or

extreme cruelty.

xlvii

Coercive control has been found by researchers to be dangerous and is becoming a part of the

definition of domestic violence in protection order and other family court cases in some

jurisdictions.

xlviii

California’s domestic violence protection order and family laws define coercive

control as, “a pattern of behavior that in purpose or effect unreasonably interferes with a person’s

free will and personal liberty.”

xlix

Under this law, coercive control is a basis for issuance of a protection

order and coercive control creates a rebuttable presumption that “an award of child custody to a

party who has engaged in coercive control is detrimental to the best interests of the child.”

Stalking

behaviors are also forms of coercive control.

Battering or extreme cruelty (the immigration law definition of domestic violence) has historically

been recognized by courts, especially in the contest of “for cause” divorce cases, as characteristic of

the forms and patterns of emotional abuse causing harm to the victim.

A strong foundational

understanding of each of these types of behaviors offers all courts — state, federal, Tribal,

immigration — more opportunities to identify facts that constitute stalking, coercive control, and/or

extreme cruelty. This then allows the courts to issue orders designed to halt this dangerous, harmful,

and potentially criminal behavior, and to support victim safety.

Judicial Officer Guide: Responding to Stalking Page 20

Table 6: Comparing Stalking, Coercive Control, and Battery or Extreme Cruelty

Stalking

Coercive Control

Battery or Extreme Cruelty

Definition: Engaging in a course of

conduct directed at a specific person

that would cause a reasonable person

to fear for their safety or the safety

of others, or suffer substantial

emotional distress.

Forms of stalking include:

• Surveillance

• Life invasion

• Intimidation

• Interference through sabotage

or attack

Behaviors that demonstrate stalking:

• Monitoring movement,

communications, daily behavior,

finances, and services accessed

• Harassing friends and family

• Sabotaging employment,

schooling, or immigration status

• Showing up unexpectedly or

refusing to leave a location

• Invading or vandalizing property

• Ruining reputation

• Humiliating a victim or forcing

a confrontation

• Accessing online accounts or

impersonating a victim

Definition: Strategies designed to

retain privileges and establish

domination in a partner’s personal life

based on: fear, dependence, and

deprivation of basic rights and

liberties.

Forms of coercive control include:

• Intimidation

• Degradation/emotional abuse

• Isolation

• Control

• Physical and/or sexual assault

Behaviors that demonstrate coercive

control:

• Social isolation

• Depravation of food, medicine

• Neglect

• Controlling or regulating

movement, communications,

daily behavior, finances, and

access to services

Definition under U.S. Immigration Law:

Being the victim of any act or a

threatened act of violence, including any

forceful detention which results or

threatens to result in physical or mental

injury. Psychological or sexual abuse or

exploitation, including rape, molestation,

incest (if the victim is a minor), or

forced prostitution shall be considered as

acts of violence. Other abusive actions

may also be acts of violence under this

rule. Acts or threatened acts that, in and

of themselves, may not initially appear

violent may be part of an overall pattern

of violence.

lii

Any act that constitutes a crime,

including threats and attempts, or is

conduct that could result in issuance of a

protection order under state law,

amounts to “battering” under U.S.

immigration law.

Battery/extreme cruelty can manifest in

other crimes, so findings for battery can

be made in addition to stalking and

coercive control.

Behaviors that constitute

battery/extreme cruelty under

immigration law include:

• Stalking

• Physical or sexual assault

• Attempted assaults

• Striking someone with an object

• Hitting, slapping, punching,

pinching, biting, or grabbing

•

Threats of violence

Judicial Officer Guide: Responding to Stalking Page 21

Stalking

Coercive Control

Battery or Extreme Cruelty

Behaviors that may demonstrate stalking and coercive control:

• Monitoring communications (calls, messages, emails)

• Monitoring social media or online presence

• Compelling by force, threat of force, or intimidation

• Interfering in or sabotaging the immigration process, employment, or

schooling

• Showing up unannounced (to school, work, the gym, etc.)

• Tracking phone, computer, or tablet use

• Public humiliation, in-person or online

• Threats to or actually harming self

•

Threats to harm others

Behaviors that may demonstrate coercive control and battery/extreme cruelty:

• Degradation

liii

• Neglect

• Immigration related abuse

• Threats of deportation

•

Depravation of food or medicine

Behaviors that may demonstrate stalking, coercive control, and battery/extreme cruelty:

• Physical, sexual, or verbal abuse

• Using or threating to use, or displaying a weapon

liv

• Property invasion or destruction

• Using children as a tool toward the other parent

• Financial or work sabotage

•

Ruining reputation

VI. CAPTURING STALKING TACTICS IN RULINGS

Making findings of stalking and documenting stalking behaviors in court orders identifies and

confirms that the conduct that contributed to the finding of stalking is criminal and was not a one-

time event, but rather part of an intentional campaign against the victim that can be expected to

continue if it is not prevented. Since stalking cases take time to develop, it is important that judicial

officers also make findings regarding criminal, abusive, and other conduct that is harmful to others in

criminal, family, and civil court cases as well as administrative law cases. These findings provide a

record and documentation that can help show the trajectory of escalation, which is important for

future judicial proceedings including but not limited to stalking prosecutions.

Judicial Officer Guide: Responding to Stalking Page 22

There are important details for judicial officers to include in court findings and when issuing

protection orders. Some courts use computer systems with prepared form orders that can be easily

distributed to law enforcement electronically, which often have limited space available that is not

sufficient for the important details necessary when stalking is present. In stalking cases, judicial

officers should consider adding addendums or attachments to these orders or issuing more detailed

court orders.

When stalking is perpetrated against an intimate partner, child, family member, or other person

covered by state protection order statutes, the stalking victim is eligible for a protection order.

Consider orally informing the offender of conditions and prohibitions for protection orders and bail in

court, particularly the prohibition from possessing firearms, ammunition, and related permits and

their associated verifiable surrender. Also consider orally informing the offender that violations can

result in revocations of bail, probation, etc. and may be the basis for (additional) criminal charges.

Use qualified interpreters in any criminal, family, or civil case involving offenders or victims who have

limited English proficiency. Having court orders translated into the languages spoken by the offender

and/or by the victim promotes greater compliance with court orders and victim safety.

Both protection orders and bail conditions should:

Include no-contact provisions that carefully specify prohibitions on indirect as well as

direct contact, including contact through the use of technology and social media, and

any other conditions (e.g., GPS monitoring or restrictions on use of digital devices)

that will help to ensure the victim’s safety.

Specify that “no contact” includes indirect contact and contact through third parties,

as well as social media posts about, or directed toward, the victim.

Prohibit contact with members of the victim’s family or household and, in appropriate

cases, the victim’s employer and named friends of the victim.

Prohibit the offender from monitoring, tracking, or surveilling the victim, by use of

technology or otherwise.

List any locations frequented by the victim and specify the distance that the stalking

offender must stay away from these locations.

Address when the offender and victim regularly frequent the same places (e.g., a church or a gym) —

the order should bar the offender from those locations completely except during times specified in

the court order (designing the order so that the victim is safe to be at the location except

during the hours that the offender is authorized to be there).

Judicial Officer Guide: Responding to Stalking Page 23

Specify that if the offender arrives at a public location and the victim is present, the

offender must promptly depart.

Prohibit the offender from possessing firearms, ammunition, and any firearms permits,

and should require verifiable surrender of any of these that the offender currently

possesses.

• Research suggests that when abusers have easy access to guns, the risk of firearms threats

and homicide increases;

lvi

•

Some jurisdictions have protocols in place for firearms surrender; if a jurisdiction lacks such a

protocol, resources and technical assistance for establishing such procedures can be found at

the National Domestic Violence and Firearms Resource Center, at

www.preventdvgunviolence.org.

Require the Prosecuting Attorney in a criminal case be informed of any attempt made by

the Defendant to purchase a weapon that is rejected by a Federal database.

Require electronic monitoring of the offender (e.g., ankle bracelet) and regular in-

person reporting to probation.

Prohibit the use of alcohol or recreational drugs.

It can be very useful for stalking victims and other victims of domestic and sexual violence to receive

court orders that protect them from offenders’ ongoing stalking, abusive actions, and criminal

conduct. Stalking victims may qualify for civil protection orders and bail conditions can be set in

criminal cases that offer victims protection. Due to the differences between protection orders and

bail conditions, it can be helpful for stalking victims to receive protections offered by both types of

court orders. Protection orders may be more readily enforceable than bail conditions because

violation of a civil protection order is a crime that can lead to the offender’s arrest. Similarly,

contempt citations in civil cases can be used to hold offenders accountable when they violate a court

order. Enforcement of bail conditions, in contrast, may require a motion to revoke bail. The

associated delay in enforcement can potentially endanger the victim, since the offender may remain

at liberty while the motion is pending. There is also a difference in the duration of the protection

offered: protection orders remain in place until they expire and can often be extended, while bail

conditions remain in place only during the pendency of the criminal proceedings.

Any violations should result in prompt action to report the protection order violation to law

enforcement and to initiate an enforcement action to revoke bail set in criminal cases, particularly

when the violation is one that poses a risk to the victim or to anyone else.

Judicial Officer Guide: Responding to Stalking Page 24

A. EXAMPLE OF STALKING FINDINGS

Petitioner, name, is a victim of stalking. Respondent, name, has utilized [insert stalking tactics

categories, i.e., Surveillance, Life Invasion, Intimidation, Interference through sabotage or attack]

through the following behaviors [list the behaviors that fall under the respective category]. These

behaviors are found to be stalking tactics. Respondent, name, has executed these behaviors that

display a pattern of stalking [name the pattern; include frequency, duration, and intensity].

Respondent’s pattern of behavior escalated and resulted in greater threat and/or violence against

Petitioner, name. Respondent’s actions constitute stalking [insert citation to statutory definition].

HAVING MADE THESE FINDINGS… [Insert detailed specific orders to stop that specific

behavior].

B. EXAMPLE OF COERCIVE CONTROL FINDINGS

Petitioner, name, is a victim of coercive control. [Add citation to state law, if any]. Respondent,

name, utilized [name the coercive control examples

lvii

]. Respondent’s behavior is abusive and/or

coercive and amounts to coercive control strategies. Petitioner experienced [describe the details of

petitioner’s fear; dependence; and deprivation of basic rights and liberties] because of Respondent’s

behavior. Respondent intended their abusive and/or coercive controlling behavior would retain

privileges and establish domination in Petitioner’s life. HAVING MADE THESE FINDINGS…

[Insert detailed specific orders to stop that specific behavior].

VII. FOR MORE INFORMATION

For additional resources and support on responding to stalking, visit www.StalkingAwareness.org and

contact SPARC at tta@stalkingawareness.org. SPARC’s website has Recorded Trainings for a

variety of audiences and resources not only for judicial officers on responding to stalking, but also

resources to share with partners — including Prosecutors, Law Enforcement, Corrections/Probation,

and Victim Services — to better work together to build stalking cases, support victims, and hold

offenders accountable.

Judicial Officer Guide: Responding to Stalking Page 25

ENDNOTES

SPARC provides information on stalking statutes in each U.S. jurisdiction: https://www.stalkingawareness.org/map

Smith, S.G., Basile, K.C., & Kresnow, M. (2022). The National Intimate Partner and Sexual Violence Survey (NISVS): 2016/2017 Report on Stalking.

Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.

iii

Spencer, C.M. & Stith, S.M. (2018). Risk Factors for Male Perpetration and Female Victimization of Intimate Partner Homicide: A Meta-Analysis.

Trauma, Violence, & Abuse, 21(3), 527-540.

Mohandie, K., Meloy, J., McGowan, M., & Williams, J. (2006). The RECON typology of stalking: Reliability and validity based upon a large sample of

north American stalkers. Journal of Forensic Science, 51(1), 147-155.

Tjaden, P. & Thoennes, N. (1998). Stalking in America: Findings from the national violence against women survey (NCJ#169592). Washington, DC:

National Institute of Justice Centers for Disease Control and Prevention.

Spencer, C.M. & Stith, S.M. (2018). Risk Factors for Male Perpetration and Female Victimization of Intimate Partner Homicide: A Meta-Analysis.

Trauma, Violence, & Abuse, 21(3), 527-540.

vii

McFarlane, J., Campbell, J.C., Wilt, S., Ulrich, Y., & Xu, X. (1999). Stalking and Intimate Partner Femicide. Homicide Studies, 3(4), 300-316.

viii

Id.

Smith, S.G., Basile, K.C., & Kresnow, M. (2022). The National Intimate Partner and Sexual Violence Survey (NISVS): 2016/2017 Report on Stalking.

Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.

Mohandie, K., Meloy, J., McGowan, M., & Williams, J. (2006). The RECON typology of stalking: Reliability and validity based upon a large sample of

north American stalkers. Journal of Forensic Science, 51(1), 147-155.

xii

Smith, S.G., Basile, K.C., & Kresnow, M. (2022). The National Intimate Partner and Sexual Violence Survey (NISVS): 2016/2017 Report on

Stalking. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.

xiii

Id.

xiv

Id.

xvi

Id.

xvii

Id.

xviii

Chen, J. Walters, M.L, Gilbert, L.K., & Patel, N. (2020). Sexual violence, stalking, and intimate partner violence by sexual orientation, United States.

Psychological of Violence, 10(1), 110-119.

xix

Id.

Cantor, D., et al. (2020). Report on the AAU Climate Survey on Sexual Assault and Sexual Misconduct. Westat.

xxi

Reyns, B. W., & Scherer, H. (2018). Stalking victimization among college students: The role of disability within a lifestyle-routine activity framework.

Crime & Delinquency, 64(5), 650-673.

xxii

Jordan, C. E., Wilcox, P., & Pritchard, A. J. (2007). Stalking acknowledgement and reporting among college women experiencing intrusive

behaviors: Implications for the emergence of a “classic stalking case”. Journal of Criminal Justice, 35(5), 556-569.

xxiii

Logan, TK & Walker, R. (2017). Stalking: A Multi-dimensional Framework for Assessment and Safety Planning. Trauma, Violence and Abuse, 18(2),

200-222.

xxiv

Id.

xxv

Truman, J.L., & Morgan, R.E. (2021). Stalking Victimization, 2016. Washington, DC: US DOJ, Bureau of Justice Statistics, Special Report.

Judicial Officer Guide: Responding to Stalking Page 26

xxvi

Logan, TK & Walker, R. (2017). Stalking: A Multi-dimensional Framework for Assessment and Safety Planning. Trauma, Violence and Abuse, 18(2),

200-222.

xxvii

Id.

xxviii

See, Model Penal Code § 2.02

xxix

Keith, A. (2 January 2022). Probable cause found for first degree stalking. Bonner County Daily Bee.

https://bonnercountydailybee.com/news/2022/jan/02/probable-cause-found-first-degree-stalking

xxx

47% of stalking cases involve both in-person and technology enabled tactics (Truman, J.L., & Morgan, R.E. (2021). Stalking Victimization, 2016.

Washington, DC: US DOJ, Bureau of Justice Statistics, Special Report).

xxxi

Fissel, E. R., & Reyns, B. W. (2020). The Aftermath of Cyberstalking: School, Work, Social, and Health Costs of Victimization. American Journal of

Criminal Justice, 45(1), 70-87.

xxxii

Logan, TK & Walker, R. (2017). Stalking: A Multi-dimensional Framework for Assessment and Safety Planning. Trauma, Violence and Abuse, 18(2),

200-222.

xxxiii

Tjaden, P. & Thoennes, N. (1998). Stalking in America: Findings from the national violence against women survey (NCJ#169592). Washington,

DC: National Institute of Justice CDC.

xxxiv

Davis, K., Ace, A., & Andra, M. (2000). Stalking perpetrators and psychological maltreatment of partners: Anger, jealousy, attachment insecurity,

need for control, and break-up context. Violence and Victims, 15(4), 407-425.

xxxv

Mohandie, K., Meloy, J., McGowan, M., & Williams, J. (2006). The RECON typology of stalking: Reliability and validity based upon a large sample

of north American stalkers. Journal of Forensic Science, 51(1), 147-155.

xxxvi

Johnson, M. & Kercher, G. (2009). Identifying predictors of negative psychological reactions to stalking victimization. Journal of Interpersonal

Violence, 24(5), 886-882.

xxxvii

Palarea, R., Zona, M., Lane, J. & Langhinrichsen-Rohling, J. (1999). The dangerous nature of intimate relationship stalking: Threats, violence and

associated risk factors. Behavioral Sciences and the Law, 17, 269-283.

xxxviii

Brewster, M. (2003). Power and control dynamics in pre-stalking and stalking situations. Journal of Family Violence, 18, 4, 207-217.

xxxix

Rosenfeld, B. (2003). Recidivism in stalking and obsessional harassment. Law and Human Behavior, 27(3), 251-265.

Id.

xli

Brewster, M. (2003). Power and control dynamics in pre-stalking and stalking situations. Journal of Family Violence, 18(4), 207-217.

xlii

McFarlane, J., Campbell, J.C., & Watson, K. (2001). The Use of the Justice System Prior to Intimate Partner Femicide. Criminal Justice Review,

26(2), 193-208.

xliii

Brady, P. Q., & Woodward Griffin, V. (2019). The Intersection of Stalking and Sexual Assault Among Emerging Adults: Unpublished Preliminary

Results. mTurk Findings, 2018.

xliv

Logan, TK, Walker, R., Hoyt, W., & Faragher, T. (2009). The Kentucky civil protective order study: A rural and urban multiple perspective study of

protective order violation consequences, responses, & costs. (NCJ Publication # 228350). Washington, D.C.: National Institute of Justice, U.S.

DOJ.

xlv

Logan, TK, & Walker, R. (2009). Civil Protective Order Outcomes: Violations and Perceptions of Effectiveness. Journal of Interpersonal Violence,

24(4), 675-692.

xlvi

Id.

xlvii

For more information, see: Orloff, L.E., Roberts, B., & Gitler, S. (2015). “Battering or Extreme Cruelty” Drawing Examples from Civil Protection Order

and Family law Cases. National Immigrant Women’s Advocacy Project, American University, Washington College of Law.

https://niwaplibrary.wcl.american.edu/pubs/extreme-cruelty-examples-protection-order-2

; Dutton, M.A., & Goodman, L.A. (2005). Coercion in

Intimate Partner Violence: Toward a New Conceptualization, Sex Roles, 52(11/12), 743-756.

Judicial Officer Guide: Responding to Stalking Page 27

xlviii

Hawaii HB 2425 (September 15, 2020) Hawaii Revised Statutes Sections 431:10-217.5(e); 432:1-101.6(e); 432:2-103.5(e); 432C-27; 586-1;

California SB 1141 (September 29, 2020) California Family Code Section 6320; Connecticut SB 1091 (June 28, 2021); Connecticut Statues

46b-1, 46b-15; 46b-38a; 46b-54; 46b-56; 54—64(a).

xlix

Domestic violence: coercive control, No. 1141, S.B. 1141, Session 2019-2020 (C.A. 2020).

Id.

For more information, see: Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases (September 12,

2015) https://niwaplibrary.wcl.american.edu/pubs/extreme-cruelty-examples-protection-order-2

; Laura Luis Hernandez v John Ashcroft 9th

Circuit Court of Appeals (October 7, 2003) https://niwaplibrary.wcl.american.edu/pubs/9th-cir-hernandez-extreme-cruelty-10-7-03.

lii

See VAWA self-petition regulations: 8 CFR 204.2(c)(2)(vi); 8 CFR 216.5(e)(3)(i). See also U visa regulations 72 Fed. Reg. No. 179, 53014,

53015, 53016, 53018 (September 17, 2007). 22 CFR 214.14(a)(8) and (b)(1).

liii

The word “degradation” here categorizes an instance of battery where the perpetrator held down a spouse while sexually assaulting her to urinate on

her. See Morris v. Stonewall, 1999 Ohio App. LEXIS 5356 (1999). See also Ireland v. United Kingdom, 25 Eur. Ct. H.R. (ser. A) (1975) (stating,

European Convention on Human Rights protects against “moral suffering and degrading treatment that creates a sense of fear, anxiety, and

inferiority in order to humiliate, degrade, and break the victim’s resistance.”

liv

According to Goodman and Dutton’s Coercive Control Model, a credible threat is a form of coercive control. At the center of coercive relationships,

the target believes that negative consequences can and will occur if the target does not comply with the perpetrator’s demands. Thus, a credible

threat in that context, means the perpetrator is communicating to the target that they are able, willing, and ready to carry out a threat for

noncompliance. Mary Ann Dutton and Lisa A. Goodman, Coercion in Intimate Partner Violence: Toward a New Conceptualization, 52,

Sex Roles, 743,

745, 750 (2005), available at https://niwaplibrary.wcl.american.edu/pubs/dutton-goodman-coercive-control-model.

U.S. jurisdictions that specifically list “stalking” as a basis for a domestic violence protection order: (AL, AK, AZ, CA, CO, CT, FL, GA, IN (Ind. Code

Ann. § 34-26-5-2 specifically lists stalking), KY, LA, ME, MD, MI, MS, MO, MT, NV, NJ, NM, NY, NC, OH, RI, SD, TN, USVI, UT, VT, VA,

WA, WV, WI. Jurisdictions with specific stalking protection order statutes or with anti-harassment statutes that explicitly list stalking as grounds for

issuance of a protection order: AK, AZ (harassment under A.R.S. § 12-1809), CA (civil harassment orders for those who suffer harassment or

stalking; workplace violence protection orders includes protections against certain “course of conduct” under Cal.C.C.P. § 527.6), CO, CT, DC,

FL, GA, HI (protection from harassment under HRS § 604-10.5), ID, IL, KS, KY, LA, ME, MA, MI, MN, NE, NV, NH, NJ (stalking restraining

order under N.J. State. Ann. §§ 2C:12-10.1, 2C:12-10.2), NM (county specific court rules allow for harassment restraining orders according to

https://www.womenslaw.org/laws/nm/restraining-orders/civil-restraining-orders-harassment-or-other-harm/county-specific-1

), ND (disorderly

conduct restraining where disorderly conduct means “intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety,

security, or privacy of another person. For the purposes of this section, disorderly conduct includes human trafficking or attempted human

trafficking as defined in this title” under N.D. Cent. Code Ann. § 12.1-31.2-01), OR, PA, PR, SC, SD, TX, USVI, UT, VT, WA, WV, WI, WY).

Jurisdictions that list behaviors that include stalking tactics as grounds for domestic violence or harassment protection orders: DE, IL, NE, ND, PA

(“Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper

authority, under circumstances which place the person in reasonable fear of bodily injury” under 23 Pa. Stat. and Cons. Stat. Ann. § 6102).

Jurisdictions with workplace violence protection orders that include harassment/stalking as basis: AZ (workplace harassment under A.R.S. § 12-

1810), AR (protection against workplace violence and specifically lists harassment and/or stalking as a basis for granting this order under A.C.A. § 11-

5-115), CA (workplace violence protection orders includes protections against certain “course of conduct” under Cal.C.C.P. § 527.8), RI

(workplace violence protection order based on stalking/harassment under RI Gen. Laws § 28-52-2), TN (workplace violence protection order based

on stalking, threats, harassment under TN ST § 20-14-102). See

https://www.womenslaw.org/laws/general/restraining-orders for additional

information about these protection order statutes including many statutory citations.

lvi

Kivisto, A. J., & Porter, M. (2020). Firearm Use Increases Risk of Multiple Victims in Domestic Homicides. Journal of the American Academy of

Psychiatry and the Law, 48(1), 26-34; Smith, S. G., Fowler, K. A., & Niolon, P. H. (2014). Intimate partner homicide and corollary victims in 16

states: National Violent Death Reporting System, 2003-2009. American Journal of Public Health (1971), 104(3), 461-466; Spencer, C. M., & Stith,

S. M. (2020). Risk Factors for Male Perpetration and Female Victimization of Intimate Partner Homicide: A Meta-Analysis. Trauma Violence

Abuse, 21(3), 527-540.

lvii

Some examples are sleep deprivation, restricting what spouse eats, social isolation. For more information, see: Dutton, M.A., Molina, R., & Young, L.

(2015, July 30). Evidence of Coercive Control: Proof of Extreme Cruelty in Immigration Cases and Power and Control Dynamics in Family Law

Cases [PowerPoint slides]. National Immigrant Women’s Advocacy Project, American University, Washington College of Law.

https://niwaplibrary.wcl.american.edu/pubs/powerpoint-evidence-of-coercive-control-extreme-cruelty

This b

ench card is designed for use in conjunction with the more comprehensive