Stalking

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Stalking is a controversial pejorative term applied to the behaviour of individuals (and perhaps to bodies of persons) towards others. It is related to the concepts of harassment and intimidation. The word "stalking" (used with a wide variety of intended meanings) has been adopted as a term of art (if this is a fair description) in psychology and, in some jurisdictions, as the name of a criminal offence. It may also be (strictly innacurately) applied to criminal offences or civil wrongs which compass conduct which some people consider to be stalking (typically those that are described in law as "harassment" or in similar terms).[citation needed]

Contents

[edit] Definitions of stalking

The difficulties associated with precisely defining this term (or defining it at all) are well documented. [5] It seems to have been first applied to the harassment (in a general sense) of celebrities by strangers who were described as being obsessed. This usage of the word appears to have been coined by the tabloid press in the United States.[1]

Definitions used by papers in psychiatry and psychology

Meloy (1998) as well as Stieger, Burger and Schild (2008) used the following definition: To be categorized as stalking victim, individuals had to report at least two different instrusive behaviors, which had to last for at least 2 weeks and had to provoke fear.

[edit] Psychology and behaviors

The term stalking has been applied to many forms of conduct, pursued for a variety of motives, by proponents of that concept. This may be considered to be labelling by those who reject that concept (or the characterisation of a particular form of conduct as stalking).[citation needed]

It has been applied both in cases where the person who was said to be being stalked was aware of the conduct said to be stalking and to cases in which that person was not. It has been applied both to conduct which was done with malicious intent[vague] and to conduct which was not.[citation needed]

It has been applied to the obsessive following, observing or contacting of another person, or the obsessive attempt to engage in any of these activities. It has been applied to following a person to certain places to see where they live or what they do on a daily basis, to seeking and obtaining a person's personal information (from computers, electoral rolls, personal files or other material containing private information or elsewhere), without his consent, in order to contact him.[citation needed]

Individuals characterised as stalkers may have a mistaken belief that the other person loves them, or have a desire to help the other person.[2] Stalking consists of a series of actions which in themselves can be legal, such as calling on the phone, sending gifts, or sending emails.[3]

Stalkers will often denigrate and objectify their victims. This can help stalkers to abuse their victims without experiencing empathy, and may reflect or fuel a belief that they are entitled to behave as they please toward the victims. Viewing victims as "lesser," "weak" or otherwise seriously flawed can support delusions that the victims need to be rescued, or punished, by the stalkers. Stalkers may slander or defame the character of their victims which may isolate the victims and give the stalkers more control or a feeling of power.[citation needed]

Stalkers may use manipulative behavior such as bringing legal action against their victims. They may also attempt to diagnose victims with false mental illnesses. Stalkers may even threaten to commit suicide in order to coerce victims to intervene - all methods of forcing victims to have contact with the stalkers.[citation needed]

Stalkers may use threats and violence to frighten their victims. They may engage in vandalism and property damage. They may use physical attacks that are mostly meant to frighten. Less common are sexual assaults or physical attacks that leave serious physical injuries.[2]

[edit] Gender studies related to stalking

The majority of reported stalkers are male. The demographic characteristics and psychiatric status of male and female stalkers do not differ, except that male stalkers are more likely to have a history of criminal offenses and substance abuse. The duration of the time invested in stalking and the frequency of associated violence are equivalent between male and female stalkers. Women are more likely to target someone they have known — such as a professional contact — and rarely target strangers. Women often target other women, whereas men generally stalk women only.[4][5]

In "A Study of Women Who Stalk", Purcell, Pathé and Mullen concluded that the two major psychiatric variables that differentiate female from male stalkers are the motivations for stalking and the choice of victims. Female stalkers more often seek intimacy with their victim, who is usually someone they already know. Victims frequently work in professional helping roles such as doctors, nurses, therapists and counselors. Context was found to differ, but the conclusion was that the intrusiveness and harmfulness did not. The vast majority of stalking-related violence is committed by males.[4]

[edit] Types of stalkers

Psychologists often group individuals who stalk into two categories: psychotic and nonpsychotic.[6] Many[quantify] stalkers have pre-existing psychotic disorders such as delusional disorder, schizoaffective disorder, or schizophrenia. Most stalkers are nonpsychotic and may exhibit disorders or neuroses such as major depression, adjustment disorder, or substance dependence, as well as a variety of Axis II personality disorders, such as antisocial, avoidant, borderline, dependent, narcissistic, or paranoia. Some of the symptoms of "obsessing" over a person is part of obsessive compulsive personality disorder. The nonpsychotic stalkers' pursuit of victims can be influenced by various psychological factors, including anger and hostility, projection of blame, obsession, dependency, minimization and denial, and jealousy. Conversely, as is more commonly the case, the stalker has no antipathic feelings towards the victim, but simply a longing that cannot be fulfilled due to either in their personality or their society's norms.[7]

In "A Study of Stalkers" Mullen et al.. (2000)[5][8] identified five types of stalkers:

  • Rejected stalkers pursue their victims in order to reverse, correct, or avenge a rejection (e.g. divorce, separation, termination).
  • Resentful stalkers pursue a vendetta because of a sense of grievance against the victims – motivated mainly by the desire to frighten and distress the victim.
  • Intimacy seekers seek to establish an intimate, loving relationship with their victim. To them, the victim is a long-sought-after soul mate, and they were 'meant' to be together.
  • Incompetent suitors, despite poor social or courting skills, have a fixation, or in some cases a sense of entitlement to an intimate relationship with those who have attracted their amorous interest. Their victims are most often already in a dating relationship with someone else.
  • Predatory stalkers spy on the victim in order to prepare and plan an attack – usually sexual – on the victim.

The 2002 National Victim Association Academy defines an additional form of stalking: The Vengeance/Terrorist stalker. Both the Vengeance stalker and Terrorist stalker (the latter sometimes called the political stalker) do not, in contrast with some of the aforementioned types of stalkers, seek a personal relationship with their victims but rather force them to emit a certain response favourable to the stalker. While the vengeance stalker's motive is "to get even" with the other person whom he/she perceives has done some wrong to them (i.e, an employee who believes is fired without justification from their job by their superior), the political stalker intends to accomplish a political agenda, also using threats and intimidation to force his/her target to refrain and/or become involved in some particular activity, regardless of the victim’s consent.[9]

Many stalkers fit categories with paranoia disorders. Intimacy-seeking stalkers often have delusional disorders involving erotomanic delusions. With rejected stalkers, the continual clinging to a relationship of an inadequate or dependent person couples with the entitlement of the narcissistic personality, and the persistent jealousy of the paranoid personality. In contrast, resentful stalkers demonstrate an almost “pure culture of persecution,” with delusional disorders of the paranoid type, paranoid personalities, and paranoid schizophrenia.[8]

[edit] Epidemiology and Prevalence rates

[edit] Australia

According to a study conducted by Purcell, Pathé and Mullen (2006), 23% of the Australian population reported having been stalked[10].

[edit] Austria

Stieger, Burger and Schild conducted a survey in Austria, revealing a lifetime prevalence of 11% (women: 17%, men: 3%)[11][12]. Further results include: 86% of stalking victims were female, 81% of the stalkers were male. Women were mainly stalked by men (88%) while men were almost equally stalked by men and women (60% male stalkers). 19% of the stalking victims reported that they were still being stalked at the time of study participation (point prevalence rate: 2%). To 70% of the vicitms, the stalker was known, being a prior intimate partner in 40%, a friend or acquaintance in 23% and a colleague at work in 13% of cases. As a consequence, 72% of the victims reported having changed their lifestyle. 52% of former and ongoing stalking victims reported suffering from a currently impaired (pathological) psychological well-being. There was no significant difference between the incidence of stalking in rural and urban areas.

[edit] England and Wales

Budd and Mattinson found a lifetime prevalence of 12% in England and Wales (12% overall, 16% female, 7% males)[13].

[edit] Germany

Dressing, Kuehner and Gass conducted a representative survey in a middle-sized German city (Mannheim) and reported a lifetime prevalence of about 12%[14].

[edit] Italy

The Osservatorio Nazionale sullo Stalking (Italian National Research Center on Stalking, a section of the Italian Association of Psychology and Criminology) has been active for 8 years as for 2009, assisting over 8000 victims during the time span. The researches about episodes of Stalking in Italy in the 2002-2006 time span have shown that: 85% of Stalkers are men; 80% of Stalkers is a victim's acquaintance; 80% are socially adapted; 70% are gaslighters; 70% have shown a stiff personality in affective relationships; 55% of Stalkers are partners or ex partners of the victim(s); 45% of Stalkers is between 20 and 40 years old; 25% is a repeated offender; 20% suffers from personality disorders and 5% suffers from some form of psychosis. The researches of the Osservatorio Nazionale sullo Stalking also shows that 25% of the victims of Stalking in Italy are men, and that 5% of murderers between 2002 and 2006 in Italy were previously Stalkers.[15]

[edit] USA

Tjaden and Thoennes reported a lifetime prevalence of 8% in women and 2% in males in the National violence against women survey[16].

[edit] Laws on harassment and stalking

[edit] Canada

Section 264 of the Criminal Code of Canada, titled "criminal harassment"[17] addresses acts which are termed "stalking" in many other jurisdictions. The provisions of the section came into force in August 1993 with the intent of further strengthening laws protecting women.[18] It is a hybrid offence, which may be punishable upon summary conviction or as an indictable offence, the latter of which may carry a prison term of up to ten years. Section 264 has withstood Charter challenges.[19]

The Chief, Policing Services Program, for Statistics Canada has stated:

"... of the 10,756 incidents of criminal harassment reported to police in 2006, 1,429 of these involved more than one accused."

This is approximately one case in eight, and matches the percentage of cases reported by the U.S. Department of Justice, for the same period, which involve multiple stalkers, as opposed to the often presumed obsessed single stalker.

[edit] Japan

In 2000, Japan enacted a national law to combat this behaviour, after the Shiori Ino murder.[20] Acts of stalking can be viewed as "interfering [with] the tranquility of others' lives", and are prohibited under petty offence laws.

[edit] Italy

Following a series of high-profile incidents that came to public attention in the past years, a law was proposed in June 2008, and became effective in February 2009, making a criminal offence, punishable with imprisonment ranging from six months up to four years, any "continuative harassing, threatening or persecuting behaviour which: 1) causes a state of anxiety and fear in the victim(s), or; 2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, kins, or others tied to the victim him/herself by an affective relationship, or; 3), forces the victim(s) to change his/her living habits". If the perpetrator of the offense is a subject tied to the victim by kinship or that is or has been in the past involved in a relationship with the victim (i.e. current or former/divorced/split husband/wife or fiancée), and/or if the victim is a pregnant woman or a minor, the sanction can be elevated up to six years of incarceration.[21]

[edit] United Kingdom

There is no offence which is described in law as "stalking". An attempt to create such an offence by the Stalking Bill 1996 failed. It was felt that the proposed offence failed to distinguish between reasonable and unreasonable conduct.

In England and Wales, "harassment" was criminalised by the enactment of the Protection from Harassment Act 1997, which came into force on June 16, 1997. It makes it a criminal offence, punishable by up to six months imprisonment, to pursue a course of conduct which amounts to harassment of another on two or more occasions. The court can also issue a restraining order, which carries a maximum punishment of five years imprisonment if breached.

Already before the enactment of the Act, the Malicious Communications Act 1988 and the Telecommunications Act 1984 (now the Communications Act 2003) criminalised indecent, offensive or threatening phone calls and the sending of an indecent, offensive or threatening letter, electronic communication or other article to another person.

In Scotland, provision is made under the Protection from Harassment Act against stalking. It is not a criminal offence, however, but falls under the law of delict. Victims of stalking may sue for interdict against an alleged stalker, or a non-harassment order, breach of which is an offence.

[edit] United States

The first state to criminalize stalking in the United States was California in 1990[22] due to several high profile stalking cases in California, including the 1982 attempted murder of actress Theresa Saldana,[23] the 1988 massacre by Richard Farley,[24] the 1989 murder of actress Rebecca Schaeffer,[25] and five Orange County stalking murders also in 1989.[24][26] The first anti-stalking law in the United States, California Penal Code Section 646.9, was developed and proposed by Municipal Court Judge John Watson of Orange County. Watson with U.S. Congressman Ed Royce introduced the law in 1990.[26][27] Also in 1990, the Los Angeles Police Department (LAPD) began the United States' first Threat Management Unit, founded by LAPD Captain Robert Martin.

Within three years[26] thereafter, every state in the United States followed suit to create the crime of stalking, under different names such as criminal harassment or criminal menace. The Driver's Privacy Protection Act (DPPA) was enacted in 1994 in response to numerous cases of a driver's information being abused for criminal activity, examples such as the Saldana and Schaeffer stalking cases.[28][29] The DPPA prohibits states from disclosing a driver's personal information without consent by State Department of Motor Vehicles (DMV). The National Defense Authorization Act for Fiscal Year 2006[30] made stalking punishable under the Uniform Code of Military Justice (UCMJ). The law took effect on 1 October 2007.[31] This law brings the UCMJ in line with federal laws against stalking. Laws against stalking in different jurisdictions vary, and so do the definitions. Some make the act illegal as it stands, while others do only if the stalking becomes threatening or endangers the receiving end. In England and Wales, liability may arise in the event that the victim suffers either mental or physical harm as a result of being stalked (see R. v. Constanza). Many states in the US also recognize stalking as grounds for issuance of a civil restraining order. Since this requires a lower burden of proof than a criminal charge, laws recognizing non-criminal allegations of stalking suffer the same risk of abuse seen with false allegations of domestic violence.[citation needed]

The U.S. Department of Justice released a special report in January 2009, titled "Stalking Victimization in the United States", NCJ 224527. Among other statistics in the report, survey results listed in Table 3 of the Appendix found that the number of stalking offenders perceived by the estimated 3,398,630 stalking victims were:

  • One 62.1%
  • Two 18.2%
  • Three or more 13.1%
  • Number unknown 6.5%

In other words, one case in eight involved stalking by a group, which is different from the general assumption that stalking is always the work of a single obsessed stalker.

[edit] Psychological effects

Stalking can be a terrifying experience for victims, placing them at risk of psychological trauma, and possible physical harm. As Rokkers writes, "Stalking is a form of mental assault, in which the perpetrator repeatedly, unwontedly, and disruptively breaks into the life-world of the victim, with whom they have no relationship (or no longer have). Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect)."[3]

[edit] False claims of stalking

In 1999, Pathe, Mullen and Purcell said that popular interest in stalking was promoting false claims.[32] In 2004, Sheridan and Blaauw said that they estimated that 11.5% of claims in a sample of 357 reported claims of stalking were false.[33]

[edit] Further reading

[edit] See also

[edit] References

  1. ^ Lawson-Cruttenden, 1996, Is there a law against stalking?, New Law Journal/6736 pp.418-420, cited here [1]
  2. ^ a b Stalking
  3. ^ a b CyberStalking: menaced on the Internet
  4. ^ a b A Study of Women Who Stalk. AJP 2001
  5. ^ a b Types of stalkers
  6. ^ Mullen et al. Stalkers and Their Victims. Cambridge University Press, 2000.
  7. ^ A comparative study of psychotic and nonpsychotic stalking
  8. ^ a b A Study of Stalkers
  9. ^ [2]
  10. ^ Rosemary Purcell (2006). "The prevalence and nature of stalking in the Australian community" (in English). http://www3.interscience.wiley.com/journal/120784248/abstract?CRETRY=1&SRETRY=0. 
  11. ^ Burger, Christoph; Anne Schild, Stefan Stieger (2008-08-27). "Lifetime prevalence and impact of stalking: Epidemiological data from Eastern Austria" (in Englisch). ICP2008. http://www1.icp2008.org/guest/AbstractView?ABSID=10152. Retrieved on 2008-01-17. 
  12. ^ Stieger, Stefan; Burger Christoph, Anne Schild (2008-10-14). "Lifetime prevalence and impact of stalking: Epidemiological data from Eastern Austria" (in English). Eur. J. Psychiat. Vol. 22, N.° 4, (235-241). http://scielo.isciii.es/pdf/ejpen/v22n4/06.pdf. Retrieved on 2008-02-24. 
  13. ^ Budd, Tracey; Joanna Mattinson,Andy Myhill (2000). "The extend and nature of stalking: findings from the 1998 British crime survey" (in Englisch). British Crime Survey. http://www.crimereduction.homeoffice.gov.uk/stalking.htm. Retrieved on 2006-12-12. 
  14. ^ Dressing, Harald; Kuehner, Gass (2005). "Lifetime prevalence and impact of stalking in a European population. Epidemiological data from a middle-sized German city" (in Englisch). The British Journal of Psychiatry. http://bjp.rcpsych.org/cgi/content/abstract/187/2/168. Retrieved on 2006-12-12. 
  15. ^ Osservatorio Nazionale Stalking - 2002-2006 official data on Stalking in Italy (in Italian)
  16. ^ Tjaden, Patricia; Nancy Thoennes (1998). "Stalking in America: Findings from the National violence against women survey" (in Englisch). National Violence Against Women Survey. http://www.ncjrs.gov/txtfiles/169592.txt. Retrieved on 2006-12-12. 
  17. ^ Section 264 of the Criminal Code of Canada
  18. ^ Department of Justice of Canada - Review and Backgrounder on section 264
  19. ^ Department of Justice - Criminal Harassment
  20. ^ "Kin of stalking victim seek justice". The Japan Times. 2003-06-12. http://search.japantimes.co.jp/cgi-bin/nn20030612a2.html. Retrieved on 2008-02-14. 
  21. ^ Italian Ministry for Equal Opportunities - Measures against Stalking and sexual assaults (in Italian)
  22. ^ Are You Being Stalked?
  23. ^ Stalking by Rhonda Saunders
  24. ^ a b Bill Analysis by Bill Lockyer
  25. ^ Culture of Patriarchy in Law: Violence From Antiquity to Modernity
  26. ^ a b c Judge John Watson profile
  27. ^ Domestic Violence Stalking by Nancy Lemon
  28. ^ DPPA and the Privacy of Your State Motor Vehicle Record
  29. ^ U.S. Senate Committee: Robert Douglas Testimony
  30. ^ DEFENSE AUTHORIZATION ACT INCLUDES UPDATES TO THE UNIFORM CODE OF MILITARY JUSTICE
  31. ^ The New Article 120, UCMJ
  32. ^ M Pathe, PE Mullen, R Purcell; Stalking: false claims of victimisation; British Journal of Psychiatry 174: 170-172 (1999)[3]
  33. ^ L. P. Sheridan, E. Blaauw; Characteristics of False Stalking Reports; Criminal Justice and Behavior, Vol. 31, No. 1, 55-72 (2004) DOI: 10.1177/0093854803259235 [4]

[edit] External links

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