Table of Contents

About the Authors. v Introduction. xi PART I: STALKING PREVALENCE AND JUSTICE SYSTEM RESPONSES Chapter 1: Prevalence and Characteristics of Stalking Introduction. 1-2 Criminalization of Stalking. 1-2 Initial Lack of Information on Parameters of Stalking. 1-3 The National Violence Against Women Survey. 1-4 How the Survey Was Conducted. 1-4 How Stalking Was Measured. 1-4 The Direct Question Method. 1-5 The Screen QuestionFollow-up Report Design. 1-6 Reference Period. 1-7 Correlates and Consequences of Victimization. 1-8 How Stalking Was Defined. 1-8 Extent of Stalking Among Men and Women in the United States. 1-9 Stalking Estimates Using a Less Stringent Definition of Stalking. 1-10 Stalking Estimates When Victims Self-Define as Stalking Victims. 1-10 The Nature of Stalking Incidents. 1-10 Frequency of Stalkers Overtly Threatening Their Victims. 1-11 Victim-Perpetrator Relationship. 1-11 Characteristics of Stalking Victims. 1-12 Gender. 1-12 Age. 1-13 Race. 1-13 More Recent Research. 1-14 College Populations. 1-14 Divergence Between Victims and Legal Systems Definitions of Stalking. 1-14 Conclusions. 1-15 Early Estimates Understated Extent of Problem. 1-15

STALKING

Methodological Implications of NVAWS Results. 1-16 Statutes Requiring Overt Threats of Violence Ill Advised. 1-16 Chapter 2: Stalking Legislation in the United States History of Stalking Laws. 2-2 Prevalence of the Stalking Problem. 2-3 Stalking DefinedLay Versus Legal Definitions. 2-5 A Lay Persons DefinitionStalking in Common Parlance. 2-6 Legal Definition of Stalking. 2-7 Provisions of State Stalking Statutes. 2-8 Proscribed Acts. 2-8 ThreatCredible or Otherwise. 2-8 Problems With Requirement for Explicit Threat. 2-8 Broader Standard Allows Implicit Threats. 2-9 Fear as an Element of Stalking. 2-10 Stalkers Intent. 2-12 Constitutional Challenges to Stalking Statutes. 2-13 Void for Vagueness Challenges. 2-13 Overbreadth Challenges. 2-14 Freedom to Travel/Freedom of Movement. 2-15 Double Jeopardy. 2-15 Evidentiary and Procedural Challenges. 2-15 Special Provisions of State Stalking Laws. 2-16 Warrantless Arrest. 2-16 Address Confidentiality. 2-16 Victim Notification. 2-16 Referral to Victim Services and Assistance. 2-16 Training for Criminal Justice Officials. 2-16 Sentencing/Classes of Stalking Crimes. 2-17 Sentences by Class. 2-17 Sentencing Enhancements. 2-17 Special Sentencing Provisions. 2-18 Protective Orders in the Civil System. 2-18 Related Crimes. 2-19 Legislative Trends. 2-19 Stalking-Specific Protective Orders. 2-19 Confidentiality. 2-20 Cybercrimes and Stalking on the Internet. 2-20 Other Legislative Innovations. 2-20

CONTENTS

Federal Stalking Law. 2-21 Conclusion. 2-21 Chapter 3: The Criminal Justice Systems Response to Stalking Introduction. 3-1 Legal Help-Seeking by Crime Victims. 3-2 Extra-Legal Approaches Taken by Stalking Victims. 3-3 Police Response to Stalking. 3-4 Decision to Arrest. 3-4 Effects of Police Action. 3-4 Stalking Victims Satisfaction With Police. 3-5 Orders of Protection. 3-6 Filing of Charges and Prosecution of Stalking. 3-8 Recommendations for Improving System Responsiveness. 3-9 Police/Law Enforcement. 3-10 Police and Protection Orders. 3-11 Judicial Training Regarding Restraining Orders and Stalking. 3-12 Other Issues Involved in Protective Orders. 3-12 Prosecutors. 3-13 Judges and Sentencing. 3-13 Legal Advocacy. 3-14 Communicating With Victims. 3-15 Cooperation and Coordination Among Programs. 3-16 Chapter 4: Civil Legal Options for Victims of Stalking Introduction. 4-1 Types of Protection Orders Available. 4-2 Domestic Violence Protection Orders. 4-2 Stalking Protection Orders. 4-3 Violence Against Women Act. 4-5 Effectiveness of Civil Protection Orders. 4-6 Advantages and Disadvantages of Civil Protection Orders. 4-6 Procedure to Obtain a Civil Protective Order. 4-10 Petitioning the Court. 4-10 Review of the Petition by the Judge. 4-11 Ex Parte Hearing. 4-11 Victim Advocacy Programs. 4-11 Order Served on the Stalker. 4-11 Contest Hearing. 4-12 Domestic Violence and Stalking Torts. 4-12 Conclusion. 4-15

Chapter 5: Stalking Controversies and Emerging Issues Introduction. 5-1 Classification and Treatment of Stalkers. 5-2 Classification of Stalkers. 5-2 Methods of Stalkers. 5-3 Choice of Victim. 5-3 StalkerVictim Relationship. 5-4 Psychopathic or Psychotic Stalker. 5-5 Treatment and Safety Issues. 5-5 Safety of Children. 5-5 Mental Health System. 5-7 Definition of the IntentThreat Component. 5-8 Legislation. 5-9 Intent. 5-9 Predictability. 5-10 The Use of Proxy Measures in Research. 5-10 False Victimization. 5-12 False Accusations by the Stalker. 5-12 Other False Victimization Accusations. 5-13 Assessment, Treatment, and Not Endangering Others. 5-14 Cyberstalking and Other New Technologies. 5-15 The Internet. 5-15 Cyberstalking. 5-16 Training. 5-18 Legislation. 5-18 Identity Theft. 5-19 Telephone Chat Rooms. 5-20 Conclusion. 5-21 PART II: PSYCHOLOGICAL ISSUES, RISK ASSESSMENT, AND INTERVENTIONS Chapter 6: Classification of Stalkers Introduction. 6-1 Historical Classification of Stalkers. 6-2 Three Main Groups of Stalkers. 6-2 Features of Stalkers. 6-3 Psychiatric Approach to Classification. 6-3 Stalkers Relationships With Victims. 6-4 Motivations of Stalkers. 6-5
Mental Status of Stalkers. 6-5 Nonpsychotic vs. Psychotic Stalkers. 6-5 Relationship Between Violence and Stalking. 6-6 Law Enforcement Perspectives. 6-6 Investigation and Management of Stalkers. 6-7 Stalking as a Corollary of Domestic Violence. 6-8 Types of Stalkers. 6-8 Description of Stalkers. 6-9 Psychiatric Status of Stalker. 6-9 Motivation and Context of Stalking. 6-10 The Rejected Stalker. 6-10 The Intimacy Seeker. 6-12 The Resentful Stalker. 6-14 The Incompetent Suitor. 6-16 The Predatory Stalker. 6-18 Conclusion. 6-19 Chapter 7: Clinical Management of Stalkers and Stalking Behaviors Introduction: From Rudeness to Stalking. 7-1 The Role of Mental Health Professionals. 7-3 Managing the Stalkers Psychopathology. 7-4 Erotomanic and Other Delusions. 7-4 Mania. 7-5 Obsessive Behavior. 7-6 Depressive Disorders. 7-7 Personality Disorders. 7-7 Targeting Therapeutic Approach to Specific Personality Traits. 7-7 Impact of Co-Occurring Substance Abuse. 7-8 Confronting Stalking Behavior. 7-8 Determine What Really Happened. 7-8 Address the Function of Stalking for the Stalker. 7-9 Rejected Stalkers. 7-9 Intimacy Seekers. 7-10 Incompetent Suitors. 7-10 Resentful Stalkers. 7-11 Predatory Stalkers. 7-12 The Social and Interpersonal Context of Stalking. 7-12 Confront Stalkers Social Assumptions. 7-12 Work on Social Skills. 7-13

The Context of Clinical Management. 7-13 Conclusion. 7-14 Chapter 8: After the Breakup: Relationship Factors Associated With Intimate Relationship Stalking Introduction. 8-1 Legal Definition of Stalking. 8-2 VictimStalker Relationship. 8-2 Prevention of Intimate Relationship Stalking. 8-2 The Dating Relationship. 8-3 Stalking After the Breakup. 8-3 Empirical Data on Breakup Stalking. 8-4 Assessment of Stalking. 8-4 Assessment of Relationship Dynamics. 8-5 Police Involvement in Breakup Stalking. 8-8 Stalking and Psychological Abuse. 8-8 Jealousy and Stalking. 8-8 Infidelity and Stalking. 8-9 Model of Infidelity and Jealousy. 8-9 Reconciling and Breaking Up. 8-10 Model for Post-Dissolution Stalking. 8-11 Mental Health Counseling. 8-11 Education on Dating for Adolescents. 8-11 Chapter 9: Children and Stalking Introduction. 9-2 Prevalence and Incidence of Stalking. 9-2 Stalking of Children. 9-2 Stalking of Adolescents. 9-3 Dating Violence. 9-4 Bullying. 9-4 Comparison of Youthful Stalking to Adult Stalking. 9-5 Children and Adolescent Stalkers Separate From Adults. 9-7 Pursuit Behaviors. 9-8 Bullying. 9-8 Theories of Stalking. 9-9 Children and Batterers. 9-9 Traumatic Bond Theory. 9-10 Object Relations Theory. 9-10
Social Learning and Family Systems Theories. 9-11 Social Learning Theory. 9-11 Children as Secondary Victims in Adult Cases. 9-12 The Impact of Stalking on Young Victims. 9-13 Protection From Bullies. 9-13 Powerlessness. 9-13 Former Boyfriend/Girlfriend. 9-14 Responding to Young Victims and Stalkers. 9-15 Communication. 9-15 Prevention. 9-15 Safety. 9-16 Needs of Victim and Stalker. 9-16 Effects of Stalking by Gender. 9-17 Mental Health Assessment. 9-17 School-Wide Prevention Programs. 9-18 Counseling. 9-18 Legal Response to Stalking of Children. 9-18 Child-Related Issues in Stalking Cases of One Parent by Another. 9-19 Long-Term Connection With Stalker. 9-19 Child Support. 9-19 Child Visitation and Custody. 9-20 Safety of Battered Women and Children. 9-21 Conclusion. 9-22 Chapter 10: Crisis Intervention for Victims in Stalking Cases Introduction. 10-1 Overview of Stalking. 10-2 Definitions of Stalking. 10-2 Legal Definitions. 10-2 Clinical Definitions. 10-3 Prevalence and Incidence. 10-3 Characteristics of Stalking. 10-4 Impacts of Stalking Victimization. 10-5 Theory and Principles of Crisis Intervention. 10-6 Crisis Intervention Model. 10-7 Stage 1: Assessing Lethality. 10-8 Stage 2: Establishing Rapport and Communication. 10-9 Stage 3: Identifying the Major Problems. 10-10 Stage 4: Dealing With Feelings and Providing Support. 10-10 Stage 5: Exploring Possible Alternatives. 10-11

Stage 6: Formulating an Action Plan. 10-12 Stage 7: Follow-Up Measures. 10-12 Case Application of the Model. 10-13 Stage 1: Assessing Safety and Lethality Risks. 10-14 Stage 2: Establishing a Rapport. 10-15 Stage 3: Identifying Treatment Issues. 10-15 Stage 4: Initiating Legal Protection. 10-15 Stage 5: Staying at the Shelter. 10-15 Stage 6: Developing a Safety Plan. 10-15 Stage 7: Continuing Advocacy and Support. 10-16 Chapter 11: Responding to the Psychological Impact of Stalking Victimization Introduction. 11-2 Definitional and Conceptual Issues. 11-2 Stalking and Intimate Partner Abuse. 11-4 Literature Addressing the Stalking Relationship Abuse Nexus. 11-5 College Student Samples. 11-5 Perpetrator Typology and Risk Assessment Research. 11-5 Research with Self-Identified Victims of Relationship Violence. 11-6 Epidemiological Research. 11-7 Coercive Control. 11-7 Stalking and the Risk of Physical Violence. 11-8 Psychological Impact of Stalking Victimization. 11-9 Posttraumatic Stress Disorder (PTSD). 11-9 Symptoms of PTSD. 11-9 Risk Factors for PTSD. 11-10 Assessment of PTSD. 11-10 Prediction of PTSD. 11-11 Response to PTSD. 11-11 Depression. 11-12 Substance Use. 11-12 Clinical and Threat Management Approaches. 11-13 Treatment of PTSD. 11-13 Clinical Intervention of PTSD. 11-13 Creation of a Safety Plan. 11-14 Risk Assessment Methods. 11-15
Supportive Treatment. 11-15 Education. 11-15 Peer and Family Support. 11-16 Stress Management. 11-16 Stress Inoculation Training. 11-17 Cognitive-Behavior Therapy. 11-17 Conclusion. 11-17 Chapter 12: When Stalking Turns Violent: Developments in the Assessment of Stalking Risks Introduction. 12-1 The Scope of the Problem. 12-2 The Relationship Between Threats and Violence. 12-3 Mental Disorders and Violence. 12-7 Victim-Stalker Relationship. 12-11 Prior Criminal Convictions. 12-13 Other Risk Factors. 12-14 Preliminary Conclusions. 12-15 From the Research Laboratory to Clinical Practice. 12-17 Chapter 13: Addressing Stalking at Work: What Women and Advocates Can Do Introduction. 13-2 Stalking Defined. 13-2 Stalking in the Workplace. 13-3 Prevalence. 13-3 Negative Impact. 13-3 Identifying Stalking at Work. 13-4 Steps to Consider. 13-5 Safety Plan. 13-5 Safety at Workplace. 13-5 Addressing Special Problems of a Co-Worker Stalker. 13-5 Safety Away From Workplace. 13-6 Protective Order. 13-7 Actions the Employer Should Undertake. 13-7 Ensuring Awareness. 13-7 Creating a Welcoming Environment for Victims. 13-8 Obtaining a No Trespass Order. 13-9 Helping Make Employees Safe. 13-9
Remedies Against the Employer. 13-11 Workers Compensation. 13-11 Intentional Tort Claims. 13-11 Negligent Security. 13-12 Vicarious Liability. 13-12 Negligent Failure to Warn; Negligent Hiring. 13-13 Antidiscrimination Law. 13-13 Wrongful Discharge. 13-15 Other Relief Available to Victims. 13-16 Conclusion. 13-17 Appendix A: Bibliography. A-1 Index. I-1