Stalking Defined.

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Definition:
Criminal activity consisting of the repeated following and harassing of another person.

Stalking is a distinctive form of criminal activity composed of a series of actions that taken individually might constitute legal behavior.  For example, sending flowers, writing love notes, and waiting for someone outside her place of work are actions that, on their own, are not criminal.  When these actions are coupled with an intent to instill fear or injury, however, they may constitute a pattern of behavior that is illegal.  Though anti-stalking laws are gender neutral, most stalkers are men and most victims are women.

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Stalking is also:

• A terrorizing crime with no real identified beginning and seemingly no end;
• A crime that can cause tremendous fear without the slightest physical injury;
• A behavior with a high correlation to physical and sexual violence
• A crime that can be lethal; and
• A very effective tactic of control for domestic violence abusers.

Stalking behaviors:

Stalking behaviors can include any behaviors if they have no reasonable legitimate purpose, depending upon the context in which they are done. The acts committed are limited only by the stalker's creativity, access, and resources.

• Following, monitoring, surveillance of victim and/or victim's family, friends, co-workers;
• Disorderly conduct offenses;
• Criminal mischief, larceny, robbery, burglary, trespass, loitering;
• Forgery or criminal impersonation;
• Abusing or killing pet or other animal;
• Repeated threatening communications or attempts to communicate, especially after being clearly informed to stop;
• Violation of any order of protection;
• Crossing jurisdictions/borders to stalk/commit offenses;
• Kidnapping victim or children or threatening to do so; and/or
• Threats of suicide or homicide.

Impact on Stalking Targets:

• Continuous intense stress or anxiety; hyper-vigilance and/or all consuming fear
• Feeling vulnerable, out of control, guilt and/or self-blame
• Disruption of everyday living routines (self-isolation, move to new home or work location, change phone number and/or other contact information, change identity)
• Anger, rage, depression, post-traumatic stress disorder, failure to concentrate, and/or short-term memory loss
• Somatic responses (nightmares, sleeping habits, eating disorders)
• Loss of work productivity
• Loss of trust in police and criminal justice system

What to do if you're being stalked:
Although anti-stalking laws give police and prosecutors the tools to arrest and charge stalkers with serious criminal offenses, victims of stalking have an important role to play in making these laws work. Law enforcement officials, Domestic Violence counselors, and mental health professionals offer the following advice to victims on how to stop a stalker:

Know the law.  Victims should show the police the law when filing the stalking complaint and ask whether they should first seek a protective order against the stalker. In some states a violation of a protective order converts a stalking charge from a misdemeanor to a felony.

Cooperate with prosecutors. Many stalking victims refuse to prosecute the stalker, thereby leaving themselves vulnerable to continued threats and violence. Some victims fear that prosecution will provoke worse behavior from the perpetrator. Nevertheless, victims should use the legal system and break any bond that may exist between themselves and the stalker.

Protect yourself.  Persons who are stalked should take steps to protect themselves and those around them. Neighbors and coworkers should be informed about the stalker, be given a photograph of the suspect, and be instructed on what to do if the stalker is sighted. Security officers at the victim's workplace should be provided with this information. If the stalker makes repeated land-line phone calls, the victim should ask the police to set up a phone tap.

Collect evidence. A stalking victim should collect and preserve evidence that can be used to prosecute and convict the stalker. Police suggest that the victim keep a diary of stalking and other crimes committed by the perpetrator.  It is also a good idea to photograph property destroyed by the stalker and any injuries inflicted by the stalker.  The victim should keep all letters or notes written by the stalker and all voicemails and texts that contain messages from the perpetrator.

(c) Copyright 2014 Robyn King. All Rights Reserved.

Sources:
http://legal-dictionary.thefreedictionary.com/Stalking
http://www.opdv.ny.gov/professionals/criminal_justice/stalking.html
(c) Copyright 2014 Robyn King. All Rights Reserved.