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What Is Stalking?
Stalking is a crime. The National Center for Victims of Crime’s Stalking Resource Center defines stalking as a course of conduct directed at a specific person that would cause a reasonable person fear.
Under this definition, stalking can include a variety of behaviors. A stalker might repeatedly follow a victim when she/he drives to work. He or she might repeatedly wait for the victim outside her/his home or office. A stalker might call the victim on the phone and make threats or hang up each time the victim answers. Some stalkers slash tires, vandalize homes and threaten their victims with weapons. Some stalkers send flowers, gifts and cards to solely to intimidate their target.
In West Virginia, to be charged with the crime of stalking, someone must repeatedly (two or more times) follow another person knowing or having reason to know that the conduct causes the person followed to reasonably fear for his or her safety or suffer significant emotional distress.
West Virginia’s stalking law addresses additional threatening behaviors in the category of harassment. Someone can be charged with harassment if they repeatedly (two or more times) harass or repeatedly make credible threats against another person.
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Can Stalking Be Dangerous?
Yes. While a stalker’s harassment and threats might at first seem just annoying or a little scary, they can quickly escalate to serious violence. Someone who stalks is someone who could be dangerous. Stalkers have beaten, raped and murdered the people they stalked. Threats should be taken seriously.Although there is no standard way to assess the seriousness of a case, there are some factors that should be considered:• History of violence exhibited by the stalker
• Presence of physical abuse or domestic violence
• Presence or absence of threats. Verbal or written threats very frequently precede acts of violence
• Obsession with the same or similar victim over a period of time
• Destruction of property
• Access and approach behaviors of the stalker
(Letter writing or face-to-face contact)
• Knowing the mental status of the stalker
• Meaning or value the stalker places on the victim
• Knowledge of the relationship between the stalker and the victim.
Stalking often includes, but is not limited to:
Inappropriate approaches and confrontations
Appearances at a place
of work or residence
Telephone threats
Unwanted gifts
Unwanted e-mails
Misuse of GPS technology
Damage to property
Physical assaultsSexual assault
Although there is no standard way to assess the seriousness of a case, there are some factors that should be considered:
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History of violence exhibited by the stalker
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Presence of physical abuse or domestic violence
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Presence or absence of threats. Verbal or written threats very
frequently precede acts of violence
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Obsession with the same or similar victim over a period of time
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Destruction of property
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Access and approach behaviors of the stalker (Letter writing or face-to-face contact)
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Knowing the mental status of the stalker
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Meaning or value the stalker places on the victim
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Knowledge of the relationship between the stalker and the victim
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Who Is Stalked?
The majority of stalking victims are women (80%), but men are also stalked. Contrary to popular opinion, stalking does not just happen to celebrities or to someone estranged from their partner. Stalking can occur during a relationship, after a relationship or without a relationship. What the research shows is:
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4 out of 5 stalking victims are women.
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50% of stalking victims were between the ages of 18 and 27.
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90% of stalkers identified were male.
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59% of female victims report being stalked by a former intimate partner.
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Who Are Stalkers?
Stalking is considered gender neutral as both men and women can be stalkers. Generally speaking, however, in the majority of cases, the stalker is male (90%). Stalkers cross all racial, economic, gender, age and other demographic lines.
Some danger signs in a relationship that should trigger precautions include:
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Extreme jealousy and controlling behavior
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A belief that destiny led him/her to you so you belong to them in some way
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Few close friendships and an over-dependence on you as a link to the world
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Failure to accept responsibility for his/her own behavior
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Refusing to accept ‘no’
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What Kinds of Preventive Measures Should a Victim of Stalking Consider?
While a victim may not be in imminent danger, the potential always exists; therefore, a contingency plan (a safety “escape” plan) may be appropriate.
Suggested considerations include:
a. Knowledge of, and quick access to, critical telephone numbers,
including:
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Law enforcement numbers and locations;
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Safe places (such as friends, domestic violence shelters,
etc.); and
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Contact numbers for use after safety is secured (such as
neighbors/family, attorney, prosecutor, medical care, child
care, pet care, etc.).
b. Keeping an accessible reserve of necessities, including:
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A small packed suitcase in the trunk of the car, or at another readily accessible location, for quick departure;
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Reserve money;
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Other necessitiessuch as creditor’s numbers and personal welfare items such as medication, birth certificates, social security information, passports, etc.should be readily available;
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Miscellaneous itemsmaintaining a full tank of gas in the car, backup keys for neighbors, etc. are practical; and
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Toys, books, or other special items belonging to the child(ren) of the victim.
c. Alerting people to the situation who may be useful in formulating a contingency plan, such as:
d. Installing solid core doors with dead bolts. If all keys cannot be accounted for, then change locks and secure spare keys. Consider installing a security alarm system.
e. Installing adequate outside lighting. Trim back bushes and vegetation around residence.
f. Maintaining an unlisted phone number. Be selective about giving out your number. If harassing calls persist, notify local law enforcement, but also keep a written log of harassing calls and any answering machine tapes of calls with the stalker's voice and messages.
g. Getting a cell phone and keeping it with you at all times.
h. Treating any threats as legitimate and informing law enforcementimmediately.
i. Varying travel routes, stores and restaurants, etc. which are regularly used. Limit the amount of time walking, jogging, etc. unless in a safe environment.
j. Informing a trusted neighbor, roommates and/or colleaguesabout the situation. Provide them with a photo or description of the stalker and any possible vehicles he/she may drive.
k. If residing in an apartment building with an on-site propertymanager, provide the manager with a picture of the stalker.
l. Having co-workers or roommates screen all calls and visitors.
m. Avoiding travel alone if at all possible. Stay in public areas. If assistance is needed, yell “FIRE” to get immediate attention. People more readily respond to this cry for assistance than to
any other.
n. Using a “dummy” answering machine connected to a published phone line. A private unlisted number can be reserved for close friends and family. The stalker may not realize you have another line.
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What Resources Are Available to a Victim of Stalking?
Assistance may be obtained from local sources, such as:
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Domestic violence shelters or counselors
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Rape crisis programs or counselors
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Victim assistance coordinators in the prosecutor’s office and/or
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Law enforcement
Victim advocates may either give a referral number to the victim of a stalker, offer to make the call or have someone from the referral organization or program contact the victim directly. If there is no appropriate referral in the victim’s vicinity, the local law enforcement agency should be contacted.
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Is Stalking More Common Between Acquaintances or Strangers?
Although in the majority of reported cases the stalker and the victim did know each other, it can be misleading to assume that there has been a close relationship. Additionally, the incidence of stranger stalking is significant enough that it should not be overlooked
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Is There a Link Between Stalking, Domestic Violence and Sexual Assault?
There is a strong link between stalking and other forms of violence in intimate relationships. National statistics show that 81% of women who were stalked by a current or former partner were also physically assaulted by that partner. 31% of those women were also sexually assaulted by that partner.
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How Often Do Victims Report Incidents of Stalking to The Police?
It is estimated that police are informed in roughly one-half of stalking cases.
Those not reporting said they did not think stalking was a police matter. They doubted that the police could do anything to help.
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How Often Do Criminal and Civil Sanctions Occur?
Only a small percentage of stalking victims obtain protective orders. Even so, the majority of male and female victims have had these orders violated. A small percentage of all stalking cases actually result in criminal prosecution.
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Do Protective Orders Help Discourage Stalking?
In some cases protective orders do discourage the unwanted contact. At the same time, these orders assist law enforcement in building the strongest possible case. However, a protective order should be obtained as part of an overall safety plan. Most stalkers do NOT respect boundaries. Be aware that for some stalkers a protective order can escalate the situation for the victim.
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How Does Stalking Affect Victims?
Many stalking victims seek psychological counseling as a result of their victimization. Stalking victims are significantly more likely than others to live in fear of their personal safety.
Victims of stalking report feelings of powerlessness, jumpiness, shakes, panic attacks, hyper vigilance, exaggerated startle response, chronic sleep disturbances, appetite disturbances, persistent nausea and excessive fatigue.
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When and Why Does Stalking Stop?
Stalking often does not stop if ignored. If anything, it tends to escalate. It often does not stop unless the stalker’s focus moves to someone else.
The average stalking case lasts 1.8 years. Many stalking victims have moved, sometimes more than once, to get away from their stalkers.
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Stalking |
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