Stalking is an unwanted or repeated supervision by an individual or a group against others. Stalking behavior is intertwined with harassment and intimidation and may include following victims personally or monitoring them. The term stalking is used with several different definitions in psychiatry and psychology, as well as in some legal jurisdictions as a term for criminal offenses.
According to a 2002 report by the National Center for US Crime Victims, "virtually any undesirable contact between two people who directly or indirectly communicate threats or put the victim in fear may be considered to be lurking", although in practice legal standards are usually rather strict.
Video Stalking
Definition
The difficulty associated with defining this term exactly (or defining it altogether) is well documented.
It has been used since at least the sixteenth century to refer to a thief or hunter ( Oxford English Dictionary ), the term stalker originally used by the media in the 20th century to describe people- people who harass and harass others, initially with special reference to the abuse of celebrities by foreigners who are described as "obsessed". The use of this word appears to have been created by the tabloid press in the United States. Over time, the meaning of stalking changed and the affiliated individuals were abused by their former spouses. PathÃÆ'Â © and Mullen describe stalking as "a behavioral constellation in which an individual raises intrusions and unwanted communication over and over again". Stalking can be defined as a deliberate and repetitive follower, overseeing and/or harassing others. Unlike other crimes, which usually involve a single action, stalking is a series of actions that occur over a period of time.
Although stalking is illegal in most areas of the world, some actions that contribute to stakeouts may be legal, such as collecting information, calling someone on the phone, sending messages, sending gifts, sending emails, or sending instant messages. They become illegal when violating the definition of harassment law (eg, Actions like sending texts are usually not illegal, but violating the law when frequently repeated to unwilling recipients). In fact, British law states that the incident should only happen twice when the offender must realize that their behavior is unacceptable (for example, two phone calls to strangers, two presents, following the victim then calling them, etc.).
Cultural norms and meanings influence how stalking is defined. Academics note that the majority of men and women recognize being involved in various behaviors such as stalking after a breakup, but stopping such behavior over time, suggesting that "involvement in low levels of undesirable pursuit behavior for a relatively short time, especially in context broken relationship, may be normative for heterosexual dating relationships occurring in US culture. "
Violence Against Women Act of 2005, amending United States law, 108 Stat. 1902 et seq, defined stalking as "engaging in a behavioral program directed at a particular person that would cause a reasonable person to--
- (a) fear of his safety or the safety of others;
- (B) suffers from great emotional distress. "
Maps Stalking
Psychology and behavior
People who are characterized as stalkers can be accused of having false beliefs that others love them (erotomania), or that they need to be saved. Stalking can consist of an accumulation of a series of actions that, in itself, can be legal, like calling on the phone, sending a gift, or sending an email.
Stalkers can use overt and hidden threats and violence to frighten their victims. They may also engage in vandalism and property damage or create physical attacks intended to frighten. Less common is sexual assault.
An intimate partner stalker is the most dangerous type. In the UK, for example, most stalkers are former partners and the evidence suggests that stalks facilitated by mental illness being spread across the media are only for a small proportion of suspected lurking cases. A British Home Office study study on the use of Protection from Harassment Act states: "This study finds that Protection from Harassment Act is being used to deal with various behaviors such as domestic and inter-neighbor disputes.It is rarely used for stalking as portrayed by the media because only a small percentage of cases in surveys involving such behavior. "
Psychological effects on victims
Distractions in everyday life are needed to escape from the stalker, including changes in work, residence and phone number, taking a victim on the welfare of the victim and can cause a sense of isolation.
According to Lamber Royakkers:
"Stalking is a form of mental assault, in which the perpetrator is repeatedly, unwanted, and intrudingly breaks into the life of the victim, with whom they have no relationship (or no longer possessed).In addition, separate acts that constitute intrusion can not itself causes mental persecution, but it is done together (cumulative effect). "
Stalking as close
Stalking has also been described as a form of close relationship between the parties, though one that is not interconnected where the two participants have opposite goals rather than the cooperative's objectives. A participant, often a woman, may want to end the relationship completely, but may find himself unable to easily do so. Other participants, often but not always a man, want to improve relationships. It has been described as a close relationship because the duration, frequency, and intensity of contact can rival a more traditional conjunctive relationship.
Victim type
Based on work by stalking the victim for eight years in Australia, Mullen and PathÃÆ'Â mengidentifikasi identify various types of victim stalkers depending on their previous relationship with the stalker. This is:
- Previously close friends: Victims who had been in previous intimate relationships with their stalkers. In the article, Mullen and PathÃÆ'Â © describe this as "the biggest category, the most common victim profile is a woman who previously shared intimate relationship with her (usually) male stalker." These victims are more likely to be exposed to the violence perpetrated by their stalkers especially if the stalker has a criminal past. In addition, victims who have "dating stalkers" are less likely to experience violence by their stalkers. A "dating stalker" is considered an individual who has an intimate relationship with the victim but is short-lived.
- Casual acquaintances and friends: Amongst the men stalking victims, most are part of this category. This category of victims also includes stalking neighbors. This can lead to changes in the residence of the victims.
- Professional contacts: These are victims who have been followed by patients, clients, or students who have a professional relationship with them. Certain professions such as healthcare providers, teachers, and lawyers have a higher risk of stalking.
- Contacts at work: These stalker victims are likely to visit them at their workplace which means they are employers, employees, or customers. When victims have stalkers coming to their workplace, this poses a threat not only to the safety of the victims but also to the safety of others.
- Strangers: These victims are usually unaware of how their stalkers start stalking because usually these stalkers form a sense of awe for their victims from a distance.
- Notable: The vast majority of these victims are people who are portrayed very much in the media but can also include individuals such as politicians and athletes.
Gender
According to one study, women often target other women, while men mainly stalk women. A January 2009 report from the United States Department of Justice reported that "men tend to report being followed by men as female perpetrators, 43% of victims stalking men suggesting that the offender is female, while 41% of the male victims say that the perpetrator is another male.The stalking women are significantly more likely to be stalked by men (67%) than women (24%) of the perpetrators. "This report provides considerable data by sex and race on stalking and harassment , obtained through the Additional Survivors Survey 2006 (SVS), by the US Census Bureau for the US Department of Justice. In an article by Jennifer Langhinrichsen-Rohling he discusses how gender plays a role in the difference between the stalker and the victim. He said, "gender is associated with the kind of emotional reactions experienced by the recipient stalking related events, including the level of fear experienced by the victim." In addition, he mentioned that gender also influences how police handle stalking cases, how victims deal with situations, and how stalkers can see their behavior. Furthermore, he discusses how victims can see certain forms of stalking as usual because of how gender affects the acceptance of certain behaviors. He stressed that in Britain, Australia, and the United States, foreigners are considered more dangerous when stalking than ex-spouses. Media is also important to focus because the media describes stalking amongst men as accepted so it affects men to think it is normal. Because gender roles are socially constructed, sometimes men do not report stalking. He also mentioned the coercive control theory, "future research will be needed to determine whether this theory can predict how changes in social structure and gender-specific norms will result in variations in the stalk rate for men versus women over time in the United States and in the whole world."
Stalker type
Psychologists often group individuals who stalk into two categories: psychotic and nonpsychotic. Stalkers may 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 disorders, or substance dependence, as well as various Axis II personality disorders (such as antisocial, limits, dependence, narcissistic or paranoid). Some of the symptoms of "obsessed" in a person can be a characteristic of obsessive compulsive personality disorder. The pursuit of nonpsychotic stalkers against victims can be influenced by various psychological factors, including anger, hostility, blame projections, obsessions, dependence, minimization, rejection, and jealousy. Conversely, as is more common, stalkers have no antipathy feelings for victims, but only longings that can not be fulfilled due to a lack of either in their personality or the norms of their society.
In "A Study of Stalkers" Mullen et al . (2000) identified five types of stalkers:
- Rejected stalker follows his victim to reverse, correct, or reply to a refusal (eg, divorce, separation, termination).
- Stunned stalkers make revenge for their concerns about victims - driven primarily by a desire to frighten and suppress victims.
- The seeker of intimacy seeks to build an intimate and loving relationship with their victims. Such stalkers often believe that the victim is a long-sought spouse, and they are "meant" to be together.
- Incompetent applicants , despite poor social or dating skills, have fixations, or in some cases, a sense of the right to intercourse with those who have attracted their love. Their victims most often have dated someone else.
- Coercive stalkers spy on victims to prepare and plan attacks - often sexually - on victims.
In addition to Mullen et al., Joseph A. Davis, Ph.D., an American researcher, criminal analyst, and university psychology professor at San Diego State University investigated, as a member of the Case Team Caretaker (SCAT), a special unit at the District Prosecutor's Office San Diego, hundreds of cases involving so-called "terrestrial" and "cyberstalking" between 1995 and 2002. This research culminates in one of the most comprehensive books written to date. It is considered a "gold standard" as a reference for stalking crime, victim protection, safety planning, security and threat assessment issued by CRC Press, Inc., in August 2001.
The National Association of Victims' Academy 2002 defines an additional form of stalking: The grudge/terrorist stalker . Both stalkers and terrorist stalkers (who are currently called political stalkers) are not, in contrast to some of the types of stalkers mentioned above, seeking personal relationships with their victims but forcing them to issue certain responses. While the motives of a racer are "to reciprocate" with others whom he feels have done wrong to them (eg, an employee who believes being fired without justification of their work by their superiors), political stalkers intend to complete the political agenda, also use threats and intimidation to force its target to refrain and/or engage in certain activities, regardless of the consent of the victim. For example, most prosecutions in this stalking category have been against anti-abortion stalking physicians in an attempt to prevent abortion performance.
Stalkers can enter a category with paranoia disorder. Stalkers looking for intimacy often have delusional disorders involving erotomic delusions. With a rejected stalker, his constant attachment to a partner's relationship is incapable or dependent on the narcissistic personality rights, and the constant jealousy of the paranoid personality. In contrast, stubborn stalkers demonstrated almost "pure persecution culture", with delusional paranoid type disorder, paranoid personality, and paranoid schizophrenia.
One of the uncertainties in understanding the origins of stalking is that this concept is now widely understood in terms of certain behaviors that are found to be offensive and/or illegal. As discussed above, this specific (apparently stalking) behavior may have a lot of motivation.
In addition, personality characteristics that are often discussed as antecedents to lurk can also result in behavior that is not lurking as defined conventionally. Some research shows there is a spectrum of what might be called "obsessive follow behavior." People who complain obsessively and over the years, about wrong or wrong people who are considered wrong, when no one else can feel the injury - and those who can not or will not "let go" someone or a place or idea - consists of a wider group of people who might be problematic in a way that looks similar to stalking. Some of these people are extruded from their organizations - they may be hospitalized or fired or released if their behavior is defined in terms of illegal stalking, but many others do a good job or even very well in their organization and seem to have only one the focus of the ductile obsession.
Cyberstalking
Cyberstalking is the use of computers or other electronic technologies to facilitate stalking. In Davis (2001), Lucks identifies a separate category of stalkers who are not terrestrial means, preferring to commit crimes against targeted victims through electronic means and online. Among college students, MÃÆ' Â © nard and Pincus found that men who had high scores of sexual abuse as children and narcissistic vulnerability were more likely to be stalkers. Of the women who participated in their study, 9% were cyberstalkers while only 4% were blatant stalkers. In addition, male participants revealed otherwise, 16% were blatant stalkers while 11% were cyberstalkers. Alcohol and physical abuse both play a role in predicting cyberstalking of women and in men, "the busy attachment of significantly predictable cyber stalking".
Stalk by group
According to a special report by the US Department of Justice a large number of people who reported stalking incidents claimed that they had been followed by more than one person, with 18.2% reporting that they were being followed by two people, 13.1% reported that they had been followed by three or more. The report does not divide these cases into victims who claim to have been followed by individuals individually, and by people acting together. A question asked to respondents who reported three or more stalkers by polling officers about whether the stalking was related to colleagues, gang members, fraternities, student societies, etc., had no response indicated in the survey results as released by DOJ. Data for this report was obtained through the 2006 Additional Survivors Survey (SVS), conducted by the US Census Bureau for the Department of Justice.
According to a British study by Sheridan and Boon, in 5% of the cases they studied there were more than one stalker, and 40% of the victims said their friends or family of stalkers were also involved. In 15% of cases, the victim did not know the reason for the abuse.
More than a quarter of all stalkers and abuse victims are not aware of their stalkers in any capacity. About a tenth responding to SVS did not know the identity of their stalkers. 11% of victims said they had been followed for five years or more.
Fake claiming claims, "stalking gang" and delusion of persecution
In 1999, Pathe, Mullen and Purcell wrote that popular interest in stalking is promoting false claims. In 2004, Sheridan and Blaauw said that they estimate that 11.5% of claims in sample 357 reported the wrong stalking claim.
According to Sheridan and Blaauw, 70% of false stalking reports were made by people suffering from delusions, stating that "after eight uncertain cases were issued, the false reporting rate was assessed to be 11.5%, with the majority of fake victims suffering from delusions (70% ). "Another study estimates the proportion of false reports that are due to delusions as 64%.
News reports have explained how Internet user groups have worked together to exchange conspiracy theories involving coordinated activities by a large number of people called "stalking gangs". The activities involved are described as involving electronic harassment, the use of "psychotronic weapons", and other suspected mind control techniques. This has been reported by external observers as an example of a belief system, as opposed to reports of objective phenomena. Some psychiatrists and psychologists say "Web sites that strengthen the mind control and group stalking reports" are "extreme communities that can drive imaginary thinking" and represent the "dark side of social networking." They can reinforce problem thinking from mental illness and impede treatment.
An Australian and British study by Lorraine Sheridan and David James compared 128 self-defined survivors of 'stalking' with a randomly selected group of 128 people who claimed to be victims of surveillance by an individual. All 128 'victims' stalking alleys were rated delusional, compared to only 3.9% individual stalker victims. There was a very significant difference between the two samples in the symptoms of depression, post-traumatic symptomatology and the negative impact on social function and occupation, with self-declared victims of stalking more seriously affected alleyways. The authors conclude that "group stalking appears to be delusional on the ground, but the reporter has obvious physical and psychological symptoms, which is important in risk assessment in case stalking, early referral to psychiatric services and allocation of police resources."
Epidemiology and prevalence
Australia
According to a study conducted by Purcell, PathÃÆ'Â © and Mullen (2002), 23% of the Australian population is reported to have lurked.
Austria
Stieger, Burger and Schild conducted a survey in Austria, revealing a lifetime prevalence of 11% (female: 17%, male: 3%). Further results include: 86% of stalking victims were women, 81% of stalkers were male. Women were mainly followed by males (88%) while men were almost equally stalked by men and women (60% of male stalkers). 19% of stalking survivors reported that they were still being followed at the time of study participation (2% prevalence point). For 70% of victims, the stalker is known, being an intimate partner earlier in 40%, friends or acquaintances in 23% and co-workers in 13% of cases. As a result, 72% of victims reported having changed their lifestyle. 52% of previously and ongoing stalking survivors reported suffering from psychological well-being that is currently disturbed (pathologically). There was no significant difference between stalking events in rural and urban areas.
England and Wales
In 1998, Budd and Mattinson found a lifetime prevalence of 12% in England and Wales (16% female, 7% male). In 2010/11 43% of victims stalking found men and women 57%.
According to a paper by staff from the Center for Threatened Threat Assessment, a unit established to deal with people with fixation on community leaders, 86% of the sample group of 100 people assessed by them appear to be suffering from psychotic illness; 57% of the sample group were hospitalized, and 26% were admitted to the community.
A similar retrospective study published in 2009 on Psychological Medicine is based on the example of threats to the Royal Family kept by the Metropolitan Police Service for 15 years, showing that 83.6% of the authors of these letters suffer from mental illness serious.
German
Dressing, Kuehner and Gass conducted a representative survey in Mannheim, a medium-sized German city, and reported a lifelong prevalence that had trailed nearly 12%.
United States
Tjaden and Thoennes reported an 8% lifetime prevalence in women and 2% in men (depending on how strict the definition is) in the National Survey of Violence Against Women.
The law on harassment and stalking
Australia
Each Australian state enacted a law prohibiting stalking during the 1990s, with Queensland becoming the first state to do so in 1994. The law varies slightly from one state to another, with Queensland's law having the widest coverage , and South Australia's most stringent laws. Penalties vary from a maximum of 10 years in prison in some states, up to a fine for the lowest severity in stalking others. Australian anti-stalking laws have some important features. Unlike many US jurisdictions, they do not ask victims to be afraid or depressed as a result of behavior, only that a reasonable person will feel this way. In some states, anti-stalking laws operate extra-territorial, which means that a person can be prosecuted by stalking if they or the victim is in the relevant country. Most Australian states provide the option of a detention order in case of stalking, a punishable offense as a criminal offense. There is little research on Australian court proceedings in stalking cases, although Freckelton (2001) found that in the state of Victoria, most stalkers receive a community-based penalty or disposition.
Canada
Section 264 of the Criminal Code, entitled " criminal harassment ", discusses the act called "stalking" in many other jurisdictions. The provisions of this section came into force in August 1993 with the aim of strengthening the laws protecting women. This is a hybrid offense, which can be punished for a summary conviction or as an alleged offense, the last one that can bring up to ten years' imprisonment. Section 264 has survived the challenge of the Charter.
Chief, Police Service Program, for Statistics Canada has stated:
"... Ã, of the 10,756 criminal abuse incidents reported to police in 2006, 1,429 incidents involving more than one accused."
French
Article 222-33-2 The French Criminal Code (added in 2002) punishes "Moral Harassment," namely: "Harassing others with recurrent behaviors designed for or leading to worsening working conditions that may compromise his or her rights and dignity, to harm physical health or mentally or endanger his career prospects, "with a one-year prison and a fine of EUR15,000.
Jerman
The German Penal Code (Ã, § 238 StGB) punishes Nachstellung , which is defined as threatening or seeking proximity or remote contact with others and thus profoundly affecting their lives, with up to three years in prison. This definition is not strict and allows "similar behavior" is also classified as stalking.
India
In 2013, the Indian Parliament made amendments to India's Criminal Code, introducing stalking as a crime. Stalking has been defined as a man who follows or contacts a woman, despite clear indications of disinterest by the woman, or monitors her use of the Internet or electronic communications. A man committing an offense stalker will be responsible for imprisonment for up to three years for the first offense, and will also be liable for fines and for subsequent beliefs will be in charge of up to five years in jail and well.
Italy
Following a series of high-profile incidents of public concern in recent years, a law was proposed in June 2008, and became effective in February 2009 (DL 23.02.2009 n. 11), making criminal offenses under newly introduced art. 612 bus of criminal law, may be punished by imprisonment ranging from six months to five years, any "persistent harassment, threatening or persecution behavior that: (1) causes anxiety and fear in the victim (s), or; ( 2) include in the victim (s) a fear that is motivated for his own safety or for the safety of his relative, kins, or other persons who are affiliated with the victims themselves by affective relations; or (3) , forcing the victim (s) to change their living habits ". If the offender is a subject who is bound to the victim by a familial relationship or who has or has been in the past engaged in a relationship with the victim (ie current or ex/divorce/split of the spouse or fiance), and/or if the victim is a pregnant woman or minors or persons with disabilities, sanctions may be increased up to six years of detention.
Japanese
In 2000, Japan enacted national law to combat this behavior, following the killing of Shiori Ino. The act of stalking can be seen as "disturbing [with] the peace of the life of others" and is prohibited under the law of minor offenses.
Dutch
In Wetboek van Strafrecht there is Article 285b which considers lurking as a crime, actually Antragsdikikt:
Article 285b:
- 1. He, who unlawfully and systematically interferes with one's personal environment in order to force others to do something, not do something or to tolerate something or to frighten, will be punished for stalking. The maximum penalty is three years or a fine from the fourth category.
- 2. The prosecution will only occur when there is a complaint from him, against whom this crime has been committed (Antragsdikikt).
Romanian
Article 208 of the Criminal Code of 2014 states: -
Article 208: Harassment
1. The action of a person who repeatedly follows, without lawful right or interest, a person or his home, workplace or other frequent spot, causing fear.
2. Making phone calls or communications via transmission, which are frequent or continuous in use, causes fear to a person. It will be sentenced to jail from one to three months or a fine if the case is not a more serious offense.
3. The criminal action is initiated by the previous victim's complaint.
United Kingdom
Already prior to the enactment of Protection from the Harassment Act of 1997, the Dangerous Communications Act 1988 and the Telecommunications Act 1984 (now the Communications Act 2003) criminalize offensive, offensive or threatening phone calls and offensive, offensive or threatening mailing , electronic communications or other articles to others. Prior to 1997 there were no specific breaches in England and Wales but in a Scottish incident could be dealt with by a pre-existing law with life imprisonment available for the worst offense
England and Wales
In England and Wales, "harrassment" is criminalized by the enforcement of Protection from the Harassment Act of 1997, which came into force on 16 June 1997. It made it criminal, punishable by up to six months in prison, to create a course of behavior that is considered to harass others two or several occasions. The court may also issue an arrest warrant, which carries a maximum sentence of five years in jail if violated. In England and Wales, accountability can arise if the victim suffers a mental or physical injury resulting from being harassed (or the term slang is observed) (see R. V. Constanza).
In 2012, Prime Minister, David Cameron, stated that the government intends to make another attempt to create laws aimed specifically at stalking behavior.
In May 2012, the Protection of Freedom Act of 2012 created a stalking offense for the first time in England/Wales by incorporating this violation into the Protection from Harassment Act 1997. The lurking action under this section is exemplified by contacting, or attempting to contact, a person in any way, publish any statements or other related material or confess to relate to any person, monitor the use of any person from the internet, email or any other form of electronic communication, to wander wherever (whether public or private), interfere with any property owned by a person or watch or -Money one.
The Protection of Freedoms Act 2012 also adds Section 4 (a) to the 1997 Protection Harassment Act which includes 'Stalking that involves fear of violence or alarm or serious tribulation'. This creates an offense in which a person's actions lurk and cause others to fear (at least twice) that violence will be used against them or do that causes others to serious or distressing alarms that have a substantial effect on their commonplace. daily activities.
Scotland
In Scotland, the behavior commonly described as stalking has been prosecuted as a violation of the Common Law of peace abuses (not to be confused with minor breaches of English with the same description) before the introduction of violations of law against s.39 of the Criminal Justice and Licensing (Scotland) Act 2010; well of course still can be taken depending on the circumstances of each case. Legal offenses issued a 12-month sentence of imprisonment or a fine of a summary conviction or a maximum of five years in prison and/or a fine of a conviction on charges; The punishment for proof of the Peace Offenses is limited only by the judicial powers so that cases sent to the High Court can carry life sentences.
Provisions are made under the Protection of Harassment Law against lurking to deal with civil offenses (ie interference with the personal rights of victims), fall under the law of offense. Victims of stalking may demand interdiction of alleged stalkers, or non-harassment orders, offenses which are offenses.
United States
California was the first state to criminalize stalking in the United States in 1990 as a result of a number of high profile stalker cases in California, including attempted murder in 1982 against actress Theresa Saldana, 1988 massacre by Richard Farley, the murder of actress Rebecca in 1989 Schaeffer, and five Orange County stalk murders, also in 1989. The first anti-stalking law in the United States, the California Compliance Section Section 646.9, was developed and proposed by John Watson City Judge Court of Orange County. Watson along with US Congressman Ed Royce introduced the law in 1990. Also in 1990, the Los Angeles Police Department (LAPD) started the first Threat Management Unit of the United States, founded by LAPD Captain Robert Martin.
Within three years thereafter, every state in the United States follows to create a stalking crime, under a different name such as criminal harassment or crime. The Driver's Privacy Protection Act (DPPA) was enacted in 1994 in response to a number of cases of driver's information being misused for criminal activity, with prominent examples including the case of the stalking of Saldana and Schaeffer. DPPA prohibits states from disclosing unauthorized driver's personal information by the Ministry of Motor Vehicles (DMV). In 2011, stalking was a violation under section 120a of the Uniform Uniform of Military Justice (UCMJ). The law came into force on 1 October 2007.
Stalking is a controversial crime because belief does not require physical damage. The Illinois anti-stalking statute is highly controversial. This is very strict, according to such legislation standards.
More
The Council of Europe's Convention on preventing and combating violence against women and domestic violence defines and criminalizes stalking, as well as other forms of violence against women. The Convention came into force on 1 August 2014.
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