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	Within three years<ref name='watson'></ref> thereafter, every state in the ] and some other common-law jurisdictions followed suit to create the crime of stalking, under different names such as ''criminal harassment'' or ''criminal menace''. The Driver's Privacy Protection Act (DPPA) was enacted in 1994 in response to numerous cases of a driver's information being abused for criminal activity, examples such as the ] and ] stalking cases.<ref></ref><ref></ref> The DPPA prohibits states from disclosing a driver's personal information without consent by State ] (DMV). The National Defense Authorization Act for Fiscal Year 2006		Within three years<ref name='watson'></ref> thereafter, every state in the ] and some other common-law jurisdictions followed suit to create the crime of stalking, under different names such as ''criminal harassment'' or ''criminal menace''. The Driver's Privacy Protection Act (DPPA) was enacted in 1994 in response to numerous cases of a driver's information being abused for criminal activity, examples such as the ] and ] stalking cases.<ref></ref><ref></ref> The DPPA prohibits states from disclosing a driver's personal information without consent by State ] (DMV). The National Defense Authorization Act for Fiscal Year 2006
	<ref></ref> made stalking punishable under the ] (UCMJ). The law took affect on 1 October 2007 <ref></ref>. This law brings the UCMJ in line with federal laws against stalking.Laws against stalking in different ]s vary, and so do the definitions. Some make the act ] as it stands, while others do only if the stalking becomes threatening or endangers the receiving end. In ], liability may arise in the event that the victim suffers either mental or physical harm as a result of being stalked (see ]). Many states in the US also recognize stalking as grounds for issuance of a civil restraining order. Since this requires a lower burden of proof than a criminal charge, laws recognizing non-criminal allegations of stalking suffer the same risk of abuse seen with false allegations of ]. {{Fact\|date=February 2007}}		<ref></ref> made stalking punishable under the ] (UCMJ). The law took affect on 1 October 2007 <ref></ref>. This law brings the UCMJ in line with federal laws against stalking. Laws against stalking in different ]s vary, and so do the definitions. Some make the act ] as it stands, while others do only if the stalking becomes threatening or endangers the receiving end. In ], liability may arise in the event that the victim suffers either mental or physical harm as a result of being stalked (see ]). Many states in the US also recognize stalking as grounds for issuance of a civil restraining order. Since this requires a lower burden of proof than a criminal charge, laws recognizing non-criminal allegations of stalking suffer the same risk of abuse seen with false allegations of ]. {{Fact\|date=February 2007}}

Revision as of 06:29, 1 August 2007

For other uses, see Stalking (disambiguation).

Stalking (from Middle English stalk: from Old English bestealcian; akin to Old English stelan to steal) is a legal term for repeated harassment or other forms of invasion of a person's privacy in a manner that causes fear to its target.

Statutes vary between jurisdiction but may include such acts as:

repeated physical following;
unwanted contact (by letter or other means of communication);
observing a person's actions closely for an extended period of time; or
contacting family members, friends, or associates of a target inappropriately;
cyberstalking

According to the United States' National Center for Victims of Crime, one out of every 12 women and one out of every 45 men will be stalked during their lifetime.

Psychology and behaviors

Stalking exists on a continuum. Victims may or may not be aware that it is happening, and the perpetrators may or may not have malicious intent. Stalkers may even have a sincere but misguided belief that their victims like them, or have a desire to help the victims. Contrary to crimes that consist of a single act, stalking consists of a series of actions which in themselves can be legal, such as calling on the phone, sending gifts, or sending emails. Most cases of stalking never escalate to extreme levels of violence or harassment.

Stalkers will often denigrate their victims which reduces the victims to objects. This allows stalkers to feel angry at victims without experiencing empathy, or they may feel that they are entitled to behave as they please toward the victims. Viewing victims as "lesser," "weak" or otherwise seriously flawed can support delusions that the victims needs to be rescued, or punished, by the stalkers. Stalkers may slander or defame the character of their victims which may isolate the victims and give the stalkers more control or a feeling of power.

Stalkers may use manipulative behavior such as bringing legal action against their victims, or threatening to commit suicide in order to coerce victims to intervene - all methods of forcing victims to have contact with the stalkers.

Stalkers may use threats and violence to frighten their victims. They may engage in vandalism and property damage (usually to victims' cars or residences). They may use physical attacks that are mostly meant to frighten. Less common are sexual assaults or physical attacks that leave serious physical injuries.

Gender studies in stalking pathology

The great majority of stalkers are male. The demographic characteristics and psychiatric status of male and female stalkers do not differ, except that male stalkers are more likely to have a history of criminal offenses and substance abuse. The duration of the time invested in stalking and the frequency of associated violence were equivalent between male and female stalkers. Women are more likely to target someone they have known such as a professional contact and rarely target strangers. Both male and female stalkers are more likely to target females than males. Men very rarely target other men.

In "A Study of Women Who Stalk", by Purcell, Pathé and Mullen, the authors concluded that the two major psychiatric variables that differentiate female from male stalkers is motivation for stalking and choice of victim. Female stalkers seek intimacy with the victim, who is usually someone they already know. The victim is most often chosen from those who assume a professional role of helper. This could be a doctor or nurse, a therapist or counselor. Context was found to differ, but the conclusion was the intrusiveness and harmfulness did not. Female stalkers are potentially as dangerous as any male stalker.

Types of stalkers (individual)

Psychologists tend to group individuals who stalk into two categories: psychotic and nonpsychotic. Many stalkers have pre-existing psychotic disorders such as delusional disorder, schizoaffective disorder, or schizophrenia. Most stalkers are nonpsychotic and exhibit disorders or neuroses such as major depression, adjustment disorder, or substance dependence, as well as a variety of Axis II personality disorders, such as antisocial, avoidant, borderline, dependent, narcissistic, or paranoia. The nonpsychotic stalkers' pursuit of victims can be influenced by various psychological factors, including anger and hostility, projection of blame, obsession, dependency, minimization and denial, and jealousy.

In "A Study of Stalkers," Mullen et al (2000) identify six types of stalkers:

Rejected stalkers: pursue their victims in order to reverse, correct, or avenge a rejection (e.g. divorce, separation, termination).
Resentful stalkers: pursue a vendetta because of a sense of grievance against the victims - motivated mainly by the desire to frighten and distress the victim.
Intimacy seekers: The intimacy seeker seeks to establish an intimate, loving relationship with their victim. To them, the victim is a long sought-after soul mate, and they were 'meant' to be together.

Eroto-manic stalker: This stalker believes that the victim is in love with them. The erotomaniac reinterprets what their victim says and does to support the delusion, and is convinced that the imagined romance will eventually become a permanent union. They often target a celebrity or a person of a higher social status (though it is important to note, not all celebrity stalkers are erotomaniacs).
Incompetent suitor: despite poor social/courting skills, have a fixation, or in some cases a sense of entitlement to an intimate relationship with those who have attracted their amorous interest.
Predatory stalker: spy on the victim in order to prepare and plan an attack - usually sexual – on the victim.

Many stalkers fit categories with paranoia disorders. Intimacy-seeking stalkers often have delusional disorders that are secondary to preexisting psychotic disorders such as schizophrenia. With rejected stalkers, the continual clinging to a relationship of an inadequate or dependent person couples with the entitlement of the narcissistic personality, and the persistent jealousy of the paranoid personality. In contrast, resentful stalkers demonstrate an almost “pure culture of persecution,” with delusional disorders of the paranoid type, paranoid personalities, and paranoid schizophrenia.

Laws on stalking

The first state to criminalise stalking in the United States is California enacted in 1990 due to several high profile stalking cases in California, including the 1982 attempted murder of actress Theresa Saldana, the 1988 massacre by Richard Farley, the 1989 murder of actress Rebecca Schaeffer, and five Orange County stalking murders also in 1989. The first anti-stalking law in the United States, California Penal Code Section 646.9, was developed and proposed by Municipal Court Judge John Watson of Orange County. Watson with U.S. Congressman Ed Royce introduced the law in 1990. Also in 1990, the Los Angeles Police Department(LAPD) began the United States' first Threat Management Unit, founded by LAPD Captain Robert Martin.

Within three years thereafter, every state in the United States and some other common-law jurisdictions followed suit to create the crime of stalking, under different names such as criminal harassment or criminal menace. The Driver's Privacy Protection Act (DPPA) was enacted in 1994 in response to numerous cases of a driver's information being abused for criminal activity, examples such as the Saldana and Schaeffer stalking cases. The DPPA prohibits states from disclosing a driver's personal information without consent by State Department of Motor Vehicles (DMV). The National Defense Authorization Act for Fiscal Year 2006 made stalking punishable under the Uniform Code of Military Justice (UCMJ). The law took affect on 1 October 2007 . This law brings the UCMJ in line with federal laws against stalking. Laws against stalking in different jurisdictions vary, and so do the definitions. Some make the act illegal as it stands, while others do only if the stalking becomes threatening or endangers the receiving end. In England and Wales, liability may arise in the event that the victim suffers either mental or physical harm as a result of being stalked (see R. v. Constanza). Many states in the US also recognize stalking as grounds for issuance of a civil restraining order. Since this requires a lower burden of proof than a criminal charge, laws recognizing non-criminal allegations of stalking suffer the same risk of abuse seen with false allegations of domestic violence.

Section 264 of the Criminal Code of Canada, titled "criminal harassment" addresses acts which are termed "stalking" in many other jurisdictions. The provisions of the section came into force in August of 1993 with the intent of further strengthening laws protecting women. It is a hybrid offence, which may be punishable upon summary conviction or as an indictable offence, the latter of which which may carry a prison term of up to ten years. Section 264 has withstood Charter challenges .

In 2000, Japan enacted a national law to combat this behaviour. Acts of stalking can be viewed as "interfering the tranquility of others' lives", and are prohibited under petty offence laws. In China, stalking has been expressly forbidden since 1987 (now replaced by a new law, with similar substance), as in the context of organised crimes suppression, under Macau's laws.

Many European countries also have laws that outlaw stalking.

Effects of stalking

Stalking does not consist of single incidents, but is a continuous process. Stalking can be a terrifying experience for victims, placing them at risk of psychological trauma, and possible physical harm. As Rokkers writes, "Stalking is a form of mental assault, in which the perpetrator repeatedly, unwantedly, and disruptively breaks into the life-world of the victim, with whom they have no relationship (or no longer have)....Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect)."

On a victim's mental and emotional health

Denial and self-doubt (the victim does not believe what is happening to them, and will doubt their perceptions)
Self-blame
Guilt, shame or embarrassment
Frustration
Low self-esteem
Self-consciousness or insecurity
Shock and confusion
Irritability
Fear and anxiety; phobias and panic attacks
Anger; feeling violent towards the stalker
Depression
Emotional numbness
Flashbacks
Isolation/disconnection from other people
Feeling on guard most of the time (hypervigilance); being easily startled
Difficulties with concentration or attention
Feeling suicidal
A loss of trust in others
Problems with intimacy
Decreased ability to perform at work or school, or accomplish daily tasks
Post-traumatic stress disorder (PTSD) or complex post-traumatic stress disorder (C-PTSD)

On a victim’s physiological health

Stalking has effects on a victim’s physiological health.

For further reading

Australian Institute of Criminology stalking articles
How To Stop A Stalker. Proctor, Mike. Prometheus Books, 2000.
Minnesota Center Against Violence and Abuse Anotated Stalking Bibliography
The Psychology of Stalking. Meloy, J. Reid. Academic Press, 2000.
Stalkers and Their Victims. Mullen, Paul E., Pathe, Michele, Purcell, Rosemary. Cambridge University Press, 2000.
Surviving a Stalker: Everything You Need to Know to Keep Yourself Safe. Gross, Linda. Marlowe & Company, 2000.
Stalking
U.S. National Center for the Victims of Crime Annotated Stalking Bibliography

Stalking in media and literature

Who Was Educating Your Children: Article in the Three Village Times, legendary internet stalker David P. D'Amato stalks and harrasses young men into making videos, then uses them against them on the internet. Was subsequently arrested but rumored to still partake in large scale cyber-stalking.
The Bodyguard: film starring Kevin Costner and Whitney Houston where a stalker is obsessed with singer and actress Rachel Marron (Whitney Houston).
Boy Gets Girl: play written by Rebecca Gilman where a woman meets a man for a blind date and he eventually destroys her life.
The Cable Guy: film starring Jim Carey and Matthew Broderick, a cable installer develops an extreme attachment to a customer; ends up stalking him, believing customer to be a perfect match (intimacy seeker)
The Crush: film starring Alicia Silverstone as an underage girl who stalks a man who is renting from her parents (rejected stalker)
Devil in the Flesh: film starring Rose McGowan as a high school girl who stalks an English teacher whom she develops a crush on (intimacy seeker and rejected stalker)
Every Breath You Take: song by Sting, recorded and released by The Police in 1983, depicts the sinister motivations of a stalker. The song was written in the aftermath of Sting's break-up from his first wife. Ironically, this has become known as a love song.
The Executioners: novel by John D. MacDonald, and later two film adaptations titled Cape Fear; a lawyer and his family are stalked by a former client bent on revenge. (resentful stalker)
Eye of the Stalker: TV movie starring Jere Burns as a delusional legal assistant who believes that the daughter (Brooke Langton) of a judge (Joanna Cassidy) is a perfect match and that he is destined to marry her, based on a true story (intimacy seeker and rejected stalker)
Fatal Attraction: film starring Michael Douglas and Glenn Close, man is stalked by a woman with whom he had a brief affair (rejected stalker); A scene in this film is probably the origin of bunny boiler as a synonym for stalker, even though it took over five years to become a widespread allusion.
Hostile Advances: The Kerry Ellison Story: television movie about a woman stalked by a coworker, and the case that set the "Reasonable Woman" precedent in sexual harassment law
I Can Make You Love Me aka Stalking Laura: television movie starring Brooke Shields and Richard Thomas, based on the real-life account of the stalking of Laura Black by her co-worker Richard Farley. Farley's stalking became so severe he went on to a murder massacre at the workplace.
Les Miserables: novel by Victor Hugo, with several film adaptations and a Broadway musical; ex-convict Jean Valjean is stalked for years by an obsessed police inspector; Marius displays stalkerish tendencies towards Cosette (he is her secret admirer)
Midwest Obsession: film starring Courtney Thorne-Smith as a beauty pageant winner who has a fling with a man who returns to his ex-girlfriend (Tracey Gold), commencing stalking of the couple which escalates to violence (rejected stalker)
Obsessed: film starring Jenna Elfman as a medical writer who is being tried for stalking a married doctor whom she delusionally believes has had an affair with her (erotomania)
Play Misty for Me: Clint Eastwood movie about the erotomanic stalking of a radio celebrity
Possession (song): by Sarah McLachlan, said to be inspired by letters sent by an obsessed fan, Uwe Vandrei, who committed suicide.
Sleeping with the Enemy: novel by Nancy Price, and later a movie starring Julia Roberts; a woman escapes an abusive marriage, and is subsequently stalked by her violent husband. (rejected stalker)
The Stalking of Laurie Show: television movie based on the real-life account of the brutal murder of a Lancaster, Pennsylvania teenager, who was stalked by a jealous schoolmate
Swimfan: film starring Erika Christensen and Jesse Bradford, girl stalks boy after having a one-night fling (rejected stalker)
What About Bob?: film starring Richard Dreyfuss and Bill Murray, patient follows his psychiatrist on vacation, drives him crazy, wins the respect of his family, and makes him look like a loser to others. (Intimacy Seeker)
The Phantom of the Opera: book written by Gaston Leroux, Erik (the Phantom) stalks and later kidnaps the singer Christine. (Intimacy Seeker)
Poison Ivy: film starring Drew Barrymore
One Tree Hill: Hilarie Burton's character, Peyton Sawyer, was being stalked by an internet stalker ("WATCHMEWATCHU") who claimed to be her real brother at first. She tried to trust him, but Lucas caught on to the scheme. The character tried to rape her, but Lucas and the real Derek (her actual brother) came to her rescue. The imposter was arrested, but is now back again. Known as avid OTH fans as Psycho Derek.
Two and a Half Men: Charlie Sheen's character, Charlie Harper, is stalked by Melanie Lynskey's character, Rose. They had a one night stand and she was set out to become more than friends with him for the longest time. Recently, she has moved away and Charlie felt grief over said fact. However, her father, Harvey (Martin Sheen), was known to show the same behavior. Harvey had a one night stand with Charlie and Alan's mother (Holland Taylor) and began to stalk her in the exact same manner that Rose stalked Charlie.
Black Snow or Heide Xue (novel): Written by Liu Heng, the main character of Li Huiquan is an emotionally illiterate ex-con who becomes dangerously obsessed with a young nightclub singer. Set in contemporary Beijing, China.

References

External links

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