Understanding The Impact of Stalking

Introduction

The essay question I have chosen for this assignment is, “Is stalking a violent crime?” I will define stalking, harassment and violence and indicate several types of stalking. I will explain the motivation behind stalking and describe the environment that would indicate stalking as a violent crime. I will critically analyse the predator and the victim and indicate what environment or personality could ensure violence occurring.

To define stalking many variants need to be taken into account. What is the difference between harassment and stalking? In Australian law for stalking to be a crime the predator must intend to cause physical harm or intend to cause fear for the victim. (Howitt, 2009) Stalking is a form of predator behaviour that is characterized by repeated patterns of harassment to an individual that may frighten the victim or worse, whereas harassment means to annoy or frighten the person several times but will eventually desist. (Howitt, 2009)

In 1986 the interpretation of the term ‘violence’ suggested interpersonal acts of force usually involving the infliction of physical injury, which suggests violence cannot independently be recognised without the concept of force. Violence is defined as “the exercise of physical force so as to inflict injury on, or be caused apart from its affinity with the notion of force.” (Bufacchi, 2005) Violence is a learned behaviour. It reinforces their power and self efficiency. They have antisocial logic and believe violence is necessary, justified and acceptable. Offenders usually believe they are the victims. (Howitt, 2009) Typically stalking does not start as a violent crime however the behaviour escalates. The stalking behaviour usually begins with a letter or a telephone call. (Cox & Speziale, 2009)

Behaviours of stalking and harassment can be some of the following examples; annoying telephone calls, following the victim, verbal threatening violence, gift giving, face to face contact, property damage, physical assault, visiting victims at home or work and sending multiple letters. (Howitt, 2009) Other behaviours include emails, spreading rumours, SMS messaging, using GPS or an IP address to gain knowledge of the victim’s location. (Walter, 2009)

In 1990 the laws to criminalize stalking were first passed in California. The victims were mainly between the ages of 10 to 29 years of age. There also was a strong correlation between rejected stalkers such as ex partners and there were more likely to cause physical assault than other stalking typologies. Three quarters of the femicide victims were stalked prior to being murdered. (Johnson & Kercher, 2009) Stalking can occur generally for approximately 1.8years. (Howitt, 2009)

Stalking should be evaluated on the victim’s situation and the predators’ intent, such as a patient’s description of pain in a hospital. Pain is defined as whatever the person feels and says it is. Pain is subjective.

Victims that blame themselves for being stalked generally report higher symptoms of anxiety, depression, post traumatic stress disorder (P.T.S.D.) Depending on the severity of the stalking, coping management strategies can be used for these issues (Kraajj, Arensman, Garrefski, Kremes, 2007).

When does certain behaviour metamorphose into stalking? Some of the behaviours mentioned were quite reasonable in context such as sending a gift. It is when that gift are inappropriate, unwanted or too many gifts were sent causing the victim distress (Thompson & Dennison, 2008) .

There is a guideline utilized called the Guidelines for Stalking Assessment and Management (SAM) .Sam is a guideline to assess the degree of preoccupation with victims, stalking in violation of supervision orders and the targeting of victims with minimal external resources. Psychopathic traits could be valuable when the assessment and management of a stalking risk occurs. (Storey, Hart, Meloy, & Reavis, 2009) There is some evidence that fear and other emotions felt by the victim can be according to gender. Therefore when defining stalking, gender should be considered. (Thompson & Dennison, 2008)

When assessing risk management for the victim, stalking should encompass these three areas: Will the stalking continue, or, if it has ceased, will it happen again? Will the victim suffer significant social damage and/or psychological, which may include suicidal behaviour or ideation. Could the stalking escalate to sexual assault and/or physical abuse. (Dennison & Thomson, 2005)

According to Knowll and Resnick in 2007, there are five types of stalkers.

Incompetent Stalkers know the person is not interested in them however they believe with their behaviours their feelings will change. The stalker in this category usually is intellectually limited and has under developed social skills. They feel entitled to a partner. (Knowll & Resnick, 2007)

Rejected Stalkers are the most dangerous and common type of stalker. Ex intimate partners fit into this group. They may have a criminal assault record. (Knowll & Resnick, 2007) Usually this type of stalking involves the breakdown of a relationship (Mackenzie, Mullin, Ogloff, Evans & James, 2009). Stalking has a unique impact on a victim in regards to their perceived safety and mental health. Protective orders are not adequate enough for women experiencing rejected stalking. (Shannon, Cole & Walker, 2006) Heather Melton in 2007 discovered that there was a high correlation between domestic violence and stalking. When does one commence and the other cease? (Melton, 2007) This type of stalker will be established in depth later in the essay as violence tends to be portrayed as a major behaviour in this typology.

The majority of Intimacy Seeking Stalkers generally have erotomaniac delusions and are infatuated considerably with the victim. Usually the victim does not know them. Celebrity stalking is an example of this category. (Knowll & Resnick, 2007) Erotomania is a delusional disorder when the predator does not know the victim personally or has had little contact with them previously. They tend to be obsessive, excessive, unwanted or have delusional love (Howitt, 2009).

Resentful Stalkers aim is to distress and frighten the victim. Many resentful stalkers have pre-existing mental conditions. (Knowll & Resnick, 2007)

Predatory Stalkers are the ones that will take their time in the actual process to prepare the environment carefully ensuring a higher success of a sexual assault occurring. They discover the victim’s vulnerability and seldom the victim has little any knowledge of the sexual assault about to occur (Knowll & Resnick, 2007). However the victim does get the feeling someone is watching them and the predator is aroused by the victims fear. (Mackenzie, Mullin, Ogloff, Ewan & James, 2008).There has often been a prior sexual offence and/or paraphiliacs charges. (Knowll & Resnick, 2007)

One type of stalking that is relatively new and not included in the types of stalking is Cyber Stalking. This is when the victim is getting unwanted emails, spam mail, postings of unpleasant literature in regards to the victim or threatening the victim in some sort of other way through the computer (Howitt, 2009). Cyber stalking can also include spyware programs to harass their victims (Miller &Christa, 2009). Victims are less likely to contact police in regards to this type of stalking as they believe it will not be taken serious. Online stalking tends to last for a month and the cyber stalkers and victims usually have met online or are ex partners (Howitt, 2009).

Finally another type of stalking that has not been included is the psychotic stalkers. They tend to select vulnerable victims and the stalking pattern escalates very quickly. Their motivation tends to be their control status, interpersonal dominance and control narcissistic injury. The use of intimidation, threats and violence are consistent with psychotic groups. (Storey, Hart, Meloy & Reeves, 2009) That is why psychopathic behaviours and there evaluations to implement a diagnosis could be valuable when assessing and managing stalking predators.

Insecure attachment impairs the management of relationships. Parents of stalkers tend to be emotionally neglectful and have insecure adult attachment styles (Mackenzie, Miller , Ogloff, McEwen & James, 2008).

Violence in stalking can be fuelled by issuance of protective orders, family-oriented holidays, arrests, Court hearings, custody hearings and anniversary dates. As seen these mainly relate to the rejected stalker. (Knowll & Resnick, 2007).

Threats made by ex intimate partners tend to be carried out whereas strangers have a smaller percentage of a criminal act being committed by that threat. (Thomas, Purcell, Pathac, & Mullen, 2008) 80% of victims know their stalkers (Walker, 2009) There are excessive advantages for an ex partner in regards to stalking. They have a relationship history, a wider array of avenues to allow frequent stalking tactics to occur thus allowing an increase of risk and violence to the victim. The commencements of the stalking can occur prior to the marriage or relationship ending. During a relationship there tends to be an increase of jealousy to gain some sort of control and thus ensuring the relationship to continue in the stalkers mind. They will use physical, sexual assault and psychological abuse to gain control. Ex partners know their victims greatest weaknesses, concerns, fears, secrets, details about workplaces, routine and hangouts. They will use their children by sending threats of custody orders, threatening of harm to the children, victim or themselves via suicide. The stalker will even notify child services and make false claims such as the victim is an unfit person or violent person to raise children. This is to make the stalker feel they have some control in the ended relationship. Violent partners will inflict more psychological abuse; have more of a controlling behaviour, increased serious threats and more severe physical and or sexual assaults. (Walker, 2009)

Conclusion

If a victim was asked if stalking is a violent crime as it has been shown in this essay, it depends on the circumstances. A myriad of ailments will determine the question that has been asked. Stalking can be a violent crime or has the potential of becoming a violent crime with certain stalking typologies.