Matt Markon, Esq. 202-467-8727 Stalking and Disability  What is stalking?  Defined by statute  Common theme present in all statutes  Common perceptions  What is disability?  How do we define it?  What statutes do we use? What is a Disability? Any physical, sensory, or mental impairment or any combination of these What is problematic with this definition of disability? It doesn’t really help us. “Disabled persons” is so broad to be meaningless. Different “disabilities” bring different challenges to the practitioner “What challenges does this case present?” What is Stalking?  Stalking generally refers to repeated harassing or threatening behavior putting another person in fear. Stalking  Can seemingly non-threatening behavior be stalking?  Case example from Tom Kirkman  Context is EVERYTHING!!! Prevalence of Stalking  1 out of every 12 U.S. Women (8.2 million) and 1 out of every 45 U.S. men (2 million) has been stalked at some point.  Estimated 1.4 million people are stalked annually.  Campus Study: 13.1% of college women were stalked during a one semester survey. Relationship to Stalker: 77% of female victims are stalked by someone they know. 23% of female stalking victims are stalked by strangers. – NVAW Study (1998) Stalking, DV & Sexual Assault  81% of stalking victims who were stalked by an intimate partner reported that they had also been physically assaulted by that partner.  31% were also sexually assaulted by that partner >>>NVAW Study (1998) Prevalence– Femicide Study  76% of femicide cases involved at least one episode of stalking within 12 months prior to the murder.  85% of attempted femicide cases involved at least one episode of stalking within 12 months prior to the attempted murder. Physical Abuse and Stalking  67% of femicide victims had been physically abused by their intimate partner in the 12 months before the murder.  89% of femicide victims who had been physically abused had also been stalked in the 12 months before the murder. Reports to Law Enforcement  54% of femicide victims reported stalking to police before they were killed by their stalkers.  46% of attempted femicide victims reported stalking to police before the attempted murder. Victim’s Reactions Sociologist Jennifer Dunn, PhD researched victim’s responses to stalking by former intimate partners. Courting Disaster: Intimate Stalking, Culture, and Criminal Justice, Jennifer L. Dunn Four Types of Victim Reactions  Active resistance  Threats to call 911; Physical struggle; Recording stalker’s behavior  Help seeking  Calling police; Escorted to car; Screaming for help  Coping to reduce danger  Screening calls or changing number; Moving; Staying with family or friends; Hiding  Coping by complying with stalker’s demands  Visiting stalker; Going places with stalker; Continuing sexual relations with stalker; Requesting case be dropped Are the stalking statistics the same for victims with disabilities? Women with disabilities experience the highest rate of personal violence – violence at the hands of spouses, partners, boyfriends, family members, caregivers, and strangers – of any group in our society today. Abramson, W., Emanuel, E., Gaylord, V., & Hayden, M. (Eds.). (2000). Impact: Feature Issue on Violence Against Women with Developmental or Other Disabilities, 13 (3). Minneapolis: University of Minnesota, Institute on Community Integration.  Each year, nearly 10 thousand women and children become permanently hearing impaired due to being repeatedly struck on or near the ear.  National Institute on Deafness and Other Communication Disorders; National Institutes of Health, National Strategic Research Plan (1989)  A study of 482 children with documented maltreatment evaluated at the Center for Abused Handicapped Children at Boys Town Research Hospital in Omaha, NE, reveals that more than half (53.4%) of the deaf children report being sexually abused.  Sullivan, P.M., Vernon, M., & Scanlan, J., 1987. "Sexual abuse of deaf youth." American Annals of the Deaf, 132, 256-62. “Studies suggest that mentally disabled people are at least four times more likely than other Americans to be targets of sexual assault and other violence. Some studies indicate that more than 75 percent of mentally disabled women are sexually abused.” Justice Dept. background on crime against the disabled: http://www.ojp.usdoj.gov/ovc/factshts/disable.htm Published by the Institute on Community Integration (UAP) · Research and Training Center on Community Living Volume 13 · Number 3 · Fall 2000  Persons with developmental disabilities have a high risk of being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.  Sobsey, D. & Doe, T. (1991) Patterns of sexual abuse and assault. Sexuality and Disability, 9 (3), 243-259; Tyiska, 1998) Tyiska, C. (1998). Working with victims of crime with disabilities (OVC Bulletin). Washington, D.C: U.S. Department of Justice.. Stalking and Disabilities Have some things in common They aren’t being identified Response to them is inadequate Are disabilities being identified? How many shelters are checking for TBI, concussions? Victims are labeled as borderline when they miss appointments Are they asking about prior incidents of unconsiosness? How many are actually having victims assessed for trauma related mental issues? (not just saying it is ptsd) Is stalking being identified? Independent living centers Are they even looking at stalking? Do they have protocol in place? Shelters? S/A programs? There are NO profiles of stalkers! What we can say about stalkers Many Stalkers have:  Above average intelligence  Dependant personalities  Controlling personalities  Relationship stalkers tend to have Personality Disorders  Often Narcissistic, Antisocial and/or Borderline Psychology of Stalking: Wright, Burgess, Burgess, Laszlo, McCrary and Douglas (1996). A Typology of Interpersonal Stalking (Journal of Interpersonal Violence, Vol. 11 No. 4, Dec 1996) Categories of Stalkers Nondomestic Stalker Organized Delusional Domestic Stalker Nondomestic Stalker No interpersonal relationship with victim May target victim from brief encounter or simply an observation Victim may be unable to identify the stalker when first becoming aware of the stalking Organized  Relationship between stalker and victim is oneway  Anonymous communications  Until the first communication – Victim is often unaware  Unknown identity  Casual contact – described to victim - to let the victim know that stalker is capable of carrying out threats Delusional  Relationship is based on stalker’s psychological fixation  Fusion (stalker blends his or her personality into the victim’s) or  Erotomania (fantasy of idealized love or spiritual union) or  Narcissistic Linking Fantasy  Command Hallucinations or Religious fantasy Domestic Stalker  Former relationship between stalker and victim  Victim aware of stalking  Prior abuse or conflict with stalker (Domestic Violence)  Stalker often seeks to continue or reestablish a relationship that victim has attempted to end  Motivation evolves into “If I can’t have her, no one can.”  Victim will often express feeling “smothered” in prior relationship  Murder/suicide Why do they stalk?  Rejection (real or imagined) Threatens stalker’s narcissistic fantasy of themselves (superior, intelligent, important, powerful, admired, or that stalker’s relationship with victim is their destiny) Stalker’s fantasy of self + rejection (real or imagined) leads to feelings of shame, humiliation, and finally to rage  Stalking increases feelings of Power & Control (reinforces narcissistic fantasy)  Obsession and maladaptive coping mechanisms Stages of stalking 1. Catalysation 2. Development 3. Harassment 4. Intrusion 5. Contact Catalysation  Stalker has some connection to victim.  Intimate relationship  Delusional relationship Development  Stalker develops high level of interest in victim.  Stalker desires to be the center of victim’s life.  Stalker begins to feel extreme like or extreme dislike of victim. Harassment  Victim becomes aware of the stalker  Extreme affection for victim  Telephone harassment  Obscene calls, hang up calls etc…  Love notes, flowers, cards, gifts etc…  Extreme dislike or hatred of victim  Vandalism  Telephone harassment  Threatening calls, silent calls, hang up calls etc…  Hate mail Intrusion Increased confidence of stalker Stalking feels good Position of power and control Feelings of superiority Thrill of getting away with it Contact Physical Proximity  Following, watching, driving by in car  Approaching victim in public place  Direct confrontation in public Physical contact with victim Violent act  Mental abuse (violent threat)  Physical assault  Sexual assault  Murder What makes Stalking difficult for Law Enforcement?  Varying Activity Levels Over Several Years  Incidents in Multiple Jurisdictions  Difficult to Identify/ Officer Misconceptions  Course of Conduct Defines the Crime  Single acts may only be illegal within overall scheme  Few Witnesses  Evidence (none; little; can’t be tied to stalker)  Law Enforcement Response Can Not Guarantee Stalking Will Stop What About Stalking Can Make It Easy to Investigate? Same Victim Same Offender Same Locations Stalking Is A Course of Conduct Ongoing Long-Term Crime Stalking Investigation First Responder  Any time there is a report of harassing behavior – look for stalking!  Any time there is more than one incident of harassment – treat the case as stalking!  Determine if there is any prior police involvement  Remember: victims often put up with stalking for a long time before reporting it Follow Up Investigation 1. Threat Assessment 2. Establishing Corroboration What does threat assessment tell us? Which individuals show signs that demonstrate they pose a risk at a particular point in time. All other individuals are of “unknown risk”. We can never use risk assessment to determine that a person is Not a risk! Information About Victim How well does suspect know victim? Is victim vulnerable to attack? Target Hardening: ways to make the victim less vulnerable to an attack Is victim in fear? Why? Victim’s family, friends, coworkers? Is victim naive about the danger? Information About Stalker Thorough documentation of any: Prior threats Pursuit or following Emotional outbursts or rage Mental illness Substance abuse Animal abuse Possession or fascination with weapons Violations of Protective Orders Document and compile all of stalker’s criminal history and contacts with law enforcement Use a threat assessment worksheet or other device so that you do not forget anything The victim is likely going to be your best source of information Suspect’s behavior Is there a pattern of increasingly more personal communications?  Vague messages followed by more personal communications Have there been any changes (increase or decrease) in the frequency of the stalker’s activities or communications? Is there any evidence that the stalker is planning something? Does the stalker possess any instructional books or other materials about harming others? (Bomb making etc…) Develop a time line of the stalking behaviors towards the victim. Have there been “rehearsals” of the act that is being threatened? Can be verbal “picture painting” “Let me tell you what I'm going to do . . .” Partial re-enactments Showing someone the weapon you intend to use or the place where you’re going to kill or bury them. Symbolic violence Cutting the head off a toy doll belonging to or representing the victim. Willingness to “leave evidence” or “not caring who knows” may indicate a more serious intention to follow through. Is the threat detailed and specific?  Threats can be evaluated in a similar manner to the way we examine potential suicides Generally, the more thought that’s gone into the plan (evidenced by the amount and specificity of the detail), the more likely it is to be acted on  Examples:  “I’m going to kill you”  “Tonight, I’m going to stop by your work while you are alone. I am going to enter through the side door which is unlocked until nine o’clock when the maintenance people leave. Then I am going to shoot you twice in the head and twice in the chest and leave through the back door to the mail room which opens into the alley where I am going to park my car” High Risk Factors Offender’s Past Behavior Sexual Intimacy with Victim Substance Abuse Symbolic Violence No Mental Illness Other Red Flags Threats to kill victim Physical access to victim Access to weapons Suicidal threats or thoughts Violation of History of Protective Orders stalking Interview of Stalker “Tell us how your actions are being misunderstood.”  Stalker’s thinking and behavior toward victim (Threat Assessment) Video tape interview  Evaluation by mental health expert  Stalkers are very intelligent Stalker will likely attempt to rationalize, deny or “outsmart” the interviewer  Caution: Police contact can increase stalker’s interest in victim or escalate threat Search Warrants Stalker’s residence and vehicle  Photos of victim  Photos, drawings, or sketches of victim’s home, work, or school  Writings, logs, diaries describing thoughts, actions or fantasies  Video or cassette tapes  Books relating to stalking or violence  Any devices or objects that could be used to stalk (cameras, binoculars, GPS, night vision)  Anything that belongs to or relates to the victim Search Warrant Computers! Cookies Bookmarks Other Evidence Seize anything that corroborates the stalking including:  Phone messages  Letters, notes etc.. from stalker  Objects sent from stalker Photo any damaged property graffiti etc… Examine damaged items for latent prints For each incident, find corroborating witnesses! Phone records Surveillance “Stalk the Stalker” programs Provides corroboration Suspect can be caught in the act Orange County Sheriff’s Office, Florida  DV + Violation of Protective Order = Homicide  In 1996 purchased night vision cameras, GPS systems etc…  In 1996 DV homicides 34%  Less than 1% in the last year Ways that Law Enforcement Can Strengthen Cases:  Empower victim to play an active role in investigation  Use all techniques available (trash pulls, surveillance)  Document everything!  Corroborate everything!  Investigate stalker’s past (other victims, acts, cases, witnesses)  Show evidence and events within the entire context of the stalking case! Advantages of Charging “Stalking”  To prove a Course of Conduct, the state may introduce evidence that would otherwise be inadmissible  If viewed within the correct context of the law, stalking statutes can criminalize seemingly benign behaviors  When properly investigated and charged aggressively, stalking cases can save lives! “It’s going to take getting a bullet put in my head before people understand how serious this is.” Stalking victim one month before she was murdered (January 2003) Matt Markon 202-467-8727 [email protected] www.ncvc.org/src