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1.
What is Stalking?
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2.
Why Do People Stalk?
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3.
Legal History
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4.
Penal Code
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5.
Elements of Stalking
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6.
Stalking vs. Harassment
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7.
Types of Stalkers
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8.
Reactions of Victims
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9.
Statistics
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10.
Cyberstalking
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11.
Myths
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12.
What to Do
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13.
Safety Planning
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14.
How to Prosecute
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15.
On Campus Resources
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16.
Off Campus Resources
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What is Stalking?
Stalking is the intentional, malicious, repeated following and harassment of a person, causing the person to fear for his/her safety. Stalking can touch anyone, regardless of race, gender, sexual orientation or with whom a person associates. Stalkers try to exercise control and power over another person, often resorting to stalking as a way of maintaining contact Stalking is a CRIME!
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Why Do People Stalk?
§ To instill fear in their victims
§ To have power and control over another person
§ To maintain contact with a previous violent relationship after the victim has left
§ Because the stalker believes he/she and the victim should “be together”
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Legal History
§ It was the stalker murder of actress Rebecca Schaffer of the television series "My Sister Sam," that prompted the nation's first anti-stalking law in 1990.
§ California was the first state to enact an anti-stalking statute and has been a pioneer in developing new legislation in recent years.
§ As of January 1, 1994, all 50 States now have anti-stalking statutes.
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Penal Code
Section 646.9 (a) states:
§ Any person who willfully, maliciously, and repeatedly follows or harasses another person;
§ The person following or harassing makes a credible threat
§ The person who made the threat did so with the specific intent to place the other person in reasonable fear for their personal safety or the safety of their immediate family is guilty of this violation.
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Elements of Stalking
A person willfully, maliciously, and repeatedly follows or harasses another person.
§ This harassment must happen more than one time.
2. The person following or harassing made a credible threat.
§ A credible threat is defined as:
o A threat, verbal, written, or electronic, made with the intent to place the target in reasonable fear for his/her safety or the safety of his/her immediate family.
o This threat must be made with a clear ability to carry out the threat so as to cause the target to reasonably fear for his/her safety
3. The person who made the threat did so with the specific intent to place the other person in reasonable fear.
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Stalking vs. Harassment
§ Harassment: An intentional series of acts that alarms, annoys, torments, or terrorizes the person it is directed at.
§ Stalking: Includes harassment, but also includes a credible threat to that person’s safety.
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Types of Stalkers
- The Simple Obsessional
§ Previously knew the victim as an ex-lover, ex-spouse or ex-boss and typically begins the harassment once the victim leaves.
- The Love Obsessional
§ Is a stranger to the victim but is obsessed and begins harassment to make the victim aware of the stalker’s existence.
- The Erotomania
§ Falsely believes that the victim, usually someone rich or famous, is in love with them.
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Reactions of Victims
§ Frustrations with police/ other agencies’ response to the problem
§ Fear and anger at both the perpetrator and the situation
§ Powerlessness and a feeling of lack of control over their own life
§ Panic attacks
§ Hypervigilence/ jumpiness
§ Sleep/appetite disturbances
§ Persistant nausea
§ Recurring dreams/nightmares
§ Detachment from normal activities
§ Flashbacks of specific incidents
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Statistics
§ Stalking affects both women and men
o 1 in 12 women and 1 in 45 men will be stalked in their lifetime
§ Why is stalking such a big concern?
o Of all the women who were stalked by a current or former spouse or cohabitating partner:
v 81% were also assaulted by the person
v 31% were sexually assaulted by the person
§ Stalking affects more than just the victim’s home life
§ More than 45% of all stalking cases involve disruption within the workplace and have devastating effects on the productivity of organizations and on the quality of life of employees.
§ Each year an estimated one million women and 370,000 men are stalked in the U.S.
§ 80% of all restraining orders obtained against stalkers are violated.
§ More than 13% of college women indicate that they have been stalked.
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Cyberstalking
§ Offensive and threatening communications through the Internet, via e-mail, chat rooms, instant messaging, or other forms of electronic communication, such as cellular phones and pagers.
§ Cyberstalkers are on average, white-collar persons with no criminal background and are not considered to be computer experts. They can disguise themselves and adopt several false identities in order to maintain contact with the victim.
- Is it stalking or SPAM (junk e-mail)?
- Spam:
- The “To:” line lists multiple e-mails
- The “To:” and “From:” lines have the same e-mail address
- There are e-mail addresses in the “cc:” line
- The e-mail address is unrecognizable
- The e-mail asks for money or advertises for something
- Stalking:
· The incident involves a death threat
· Harassment occurs in more than one arena, such as through websites, e-mails, postings on chat sites, etc.
· The harassment occurs more than one time
§ Legal proof needed
1. Determine if it is harassment
2. Make sure all data, correspondence and e-mails have been saved
3. Have the victim send one e-mail to the stalker saying, “I don’t want you to contact me.” No other messages should be sent.
4. The victim should also complain to the ISPs and web site hosts regarding the stalker's behavior
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Myths
Stalking creeps into a victim’s life. Too often, by the time anyone begins paying serious attention to the stalker, the stalker has already escalated to dangerous behaviors. Myths tend to minimize the seriousness of stalking behavior and it is important to know the difference between the myths and the facts.
Myth: Stalking only happens to a few people each year- it is not that big of a deal Fact: Research indicates that more than 1 million women and more than 300,000 men are stalked each year. It is a huge deal!
Myth: Stalkers are mostly harmless. Fact: There are cases of stalking that last for years and never turn violent and others that turn deadly quickly. The cases that seem harmless may be the most deadly.
Myth: If a stalking victim has not been threatened, she is likely in no danger. Fact: Study after study indicates that whether or not a stalker makes a threat has no bearing on whether or not he poses a threat. Any threat should be taken seriously, but there are other indicators that cannot be ignored when assessing a stalker’s potential for violence.
Myth: Stalking doesn’t really impact the life of a victim. Fact: 25-30% of stalking victims sought psychological counseling as a result of their victimization. The average stalking cases last 1.8 years, and nearly one fifth of the victims are so fearful, they move to new homes to escape their stalkers.
Myth: Stalking only happens during the high school years. Fact: The majority of stalking victims (74 percent) are between 18 and 39 years old.
Myth: Stalkers are usually strangers that are crazy. Fact: Research indicates that more than ½ of stalkers are or were in an intimate relationship with the victims.
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What to Do
Immediate Risk
If you are in immediate danger you can often find immediate safety in one of the following places:
Police staion Fire station Public areas Residence of family/friends of an unknown location to stalker 24-hour stores Non-Immediate Risk
If you are not in immediate danger, the best option may be to assess the potential danger of the situation and to determine if legal options, such as the following are appropriate:
An emergency restraining order Protective restraining order Stay away order
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Safety Planning
§ Tell the stalker to leave you alone once and only once. Do not negotiate with the stalker.
§ If possible, do not travel alone. Ask a friend to walk or ride with you.
§ Report all crimes and threats to the police.
§ Self-defense classes can help make you feel more in control of your physical safety.
§ Get a cell phone and keep it with you at all times.
§ Vary your normal travel routes.
§ Screen your calls.
§ Be selective in giving out your phone number.
§ Consider getting a P.O. Box so the stalker cannot get your home address.
§ If you have a dog, it can provide some security.
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How to Prosecute
In the event that you wish to prosecute the stalker...
§ Keep a written log of any possible suspicious activites committed by the perpetrator.
§ Documentation of stalking should be saved and given to law enforcement agents. This may take the form of photos of destroyed property or injuries inflicted, answering machine messages on tape, letters written by the stalker, or e-mail messages.
§ Inform a friend about the situation. Provide them with any information you have about the perpetrator.
§ Obtain a restraining order, make several copies and keep one with you at all times.
§ Consider informing security at your place of employment that you are being stalked.
§ Consider informing people you know that you are being stalked so the stalker cannot obtain additional information about you from them.
§ If you have a picture of the stalker, consider giving it to people you know at the places you frequent. In California:
A first time conviction can result in imprisonment...
- In county jail for up to one year OR;
- In state prison for 16 months to three years OR;
- Up to five years in state prison if a Temporary Restraining Order is violated.
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On Campus Resources
- Stop Violence Office: Building 26, Room 101
o Diane Sands, Coordinator: 909-869-3102
o Erika Zepeda, Asst. Coordinator: 909-869-3790
§ Cal Poly Pomona Police Department
o 909-869-3070
§ Counseling and Psychological Services (CAPS)
o Building 66 (Bookstore), Room 116
o 909-869-3220- Intake Phone Number
§ The ReEntry and WoMen’s Resource Center
o The Cultural Centers, Building 95
o 909-869-3206
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Off Campus Resources
§ Police
o 9-1-1
§ LA County District Attorney’s Office, Stalking and Threat Assessment Team (S.T.A.T.)
o (213) 974-5985
§ Peace Over Violence o 1-213-955-9090
o www.lovemenot.org
§ WINGS Domestic Violence 24-hour Help Line
o (626) 967-0658
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